CBCA 7890

DENIED: February 22, 2024 CBCA 7890 FIRST PLACE AUTO SALES, INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Kamalodin Toghiyani, President, and John Cousins, Consultant and Buyer, of First Place Auto Sales, Inc., Gainesville, FL, appearing for Appellant. Anthony M. Giannopoulos, Office of Regional Counsel, General Services Administration, Philadelphia, PA, counsel for Respondent. Before Board Judges LESTER, GOODMAN, and SULLIVAN. LESTER, Board Judge. Respondent, the General Services Administration (GSA), has filed a motion seeking summary judgment on a claim for damages arising out of the public auction of a vehicle that its purchaser, First Place Auto Sales, Inc. (First Place Auto), asserts was mis-described. GSA argues that it did not make any representations about the condition of the paint on the vehicle, which is the defect about which First Place Auto complains, and that, even if it had, the language in the parties’ agreement, including GSA’s disclaimers of any warranties, bars recovery of repair costs. For the reasons explained below, we grant summary judgment in GSA’s favor and deny the appeal. CBCA 7890 2 Background The Auction GSA Auctions offers personal property, such as vehicles, computers, heavy equipment, jewelry, and furniture, for sale to the general public. Appeal File, Exhibit 9 at AF024.1 Before participating in a GSA Auctions bid process, bidders must complete the Bidder Registration and Bid Form contained in the Invitation for Bids for a particular sale. Id. As part of that process, bidders “must acknowledge that they have read and accepted ALL terms and conditions detailed on [the GSA Auctions] website and indicate that they agree by marking the required box during the registration process or when prompted to when a change to the terms have been implemented.” Id. at AF025. By accepting the GSA Auctions terms and conditions, “bidders are also agreeing to the General Sales Terms and Conditions (Standard Form 114C, April 2001),” id. at AF024, which “apply to all sales of GSA Fleet vehicles” and are incorporated into all GSA fleet sales contracts. Exhibit 2 at AF03. The “Inspection” clause in the Standard Form 114C terms and conditions, which indicates that property being auctioned “will be available for inspection at the places and times specified in the Invitation,” “invite[s], urge[s], and caution[s]” bidders “to inspect the property prior to submitting a bid.” https://www.gsa.gov/system/files/SF_114C.pdf (incorporated into Exhibit 2 at AF03). The Standard Form 114C terms and conditions also include a “Limited Description Warranty” clause, which reads as follows: LIMITED DESCRIPTION WARRANTY. The Government warrants to the original purchaser that the property listed in the Invitation for Bids or the Fleet Sales Catalog will conform to its description only. Condition of property is not guaranteed. Deficiencies, when known, have been noted in the item description; however, the absence of any indicated deficiencies does not mean there are none. Announced conditions at time of sale supersede the description in the Invitation for Bids or the Fleet Sales Catalog. If a mis-description is determined, the Government will keep the property and refund any money paid unless an equitable resolution is agreeable between both parties. Any refund of payment, full or in part, as a result of a vehicle claim, will be made by electronic funds transfer (EFT) or a credit back to the credit card, if paid with such, on which payment was originally made. If a 1 Unless otherwise noted, all exhibits cited in this decision are contained in the appeal file. CBCA 7890 3 mis-description is determined after removal, the purchaser may be required to take the property at his or her expense to a location specified by the contracting officer. No refund will be made unless 1) the purchaser is still in possession of, and the owner of the vehicle, and 2) the purchaser submits a written notice, claiming a mis-description, to the contracting officer within 15 calendar days of the date . . . specified for removal and maintains the property in the same condition as when removed.