32 CFR § 842.82 - Assertable claims.
---
identifier: "/us/cfr/t32/s842.82"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "32 CFR § 842.82 - Assertable claims."
title_number: 32
title_name: "National Defense"
section_number: "842.82"
section_name: "Assertable claims."
chapter_name: "DEPARTMENT OF THE AIR FORCE"
subchapter_number: "D"
subchapter_name: "CLAIMS AND LITIGATION"
part_number: "842"
part_name: "ADMINISTRATIVE CLAIMS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Sec. 8013, 100 Stat. 1053, as amended; 10 U.S.C. 8013, except as otherwise noted."
regulatory_source: "55 FR 2809, Jan. 29, 1990, unless otherwise noted."
cfr_part: "842"
---
# 842.82 Assertable claims.
A claim may be asserted in writing for loss of or damage to government property, against a tort-feasor when:
(a) Damage results from negligence and the claim is for:
(1) More than $100.
(2) Less than $100 but collection is practicable and economical.
(b) The claim is based on a contract and the contracting officer does not intend to assert a claim under the contract. The contracting officer's intention not to assert a claim should be recorded in a memorandum for the record and placed in the claim file.
(c) The claim is for property damage arising from the same incident as a hospital recovery claim.
(d) The Tort-feasor or his insurer presents a claim against the government arising from the same incident. (Both claims should be processed together.)
(e) The claim is assertable as a counterclaim under an international agreement. (The claim should be processed under subpart G of this part).
(f) The claim is based on product liability. AFLOA/JACC approval must be obtained before asserting the claim.
[55 FR 2809, Jan. 29, 1990. Redesignated and amended at 81 FR 83696, Nov. 22, 2016]