§ 15.212. How is the amount of the award under this subpart calculated?
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/us/cfr/t29/s§ 15.212·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The amount allowable for damage to or loss of any item of property may not exceed the lowest of:
(1)The amount requested by the claimant for the item as a result of its loss, damage or the cost of its repair;
(2)The actual or estimated cost of its repair; or
(3)The actual value at the time of its loss, damage, or destruction. The actual value is determined by using the current replacement cost or the depreciated value of the item since its acquisition, whichever is lower, less any salvage value of the item in question.
(b)Depreciation in value is determined by considering the type of article involved, its cost, its condition when damaged or lost, and the time elapsed between the date of acquisition and the date of damage or loss.
(c)Current replacement cost and depreciated value are determined by use of publicly available adjustment rates or through use of other reasonable methods at the discretion of the official authorized to issue a determination upon the claim in question.
(d)Replacement of lost or damaged property may be made in kind wherever appropriate.
(e)At the discretion of the official authorized to issue the determination upon the claim in question, a claimant may be required to turn over an item alleged to have been damaged beyond economical repair to the United States, in which case no deduction for salvage value will be made in the calculation of actual value.
(f)Notwithstanding any other provisions of law, settlement of claims under the MPCECA is final and conclusive.