CBCA 4769

DENIED: March 8, 2016 CBCA 4769 DUSTNSEW, LLC, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Carolyn M. Stewart, Owner of DustNSew, LLC, Laveen, AZ, appearing for Appellant. Michael J. Noble, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent. Before Board Judges VERGILIO, POLLACK, and ZISCHKAU. ZISCHKAU, Board Judge. Appellant, DustNSew, LLC, was the winning bidder for a vehicle offered through the General Services Administration (GSA) online auction website, gsaauctions.gov. Appellant alleges that the vehicle did not have a vehicle identification number (VIN number) even though the vehicle’s online description stated that it had one. The owner of DustNSew, Carolyn Stewart, submitted a claim to the GSA contracting officer (CO), who offered her a full refund on the condition that, among other things, she return the vehicle in the condition in which it was sold. Ms. Stewart refused the offer because she had made modifications to the vehicle. She chose to keep the vehicle but now seeks damages in the amount of one-half of the purchase price, which she claims is the difference between what she paid and what the vehicle is worth without a VIN number. The parties have elected to waive a hearing and seek CBCA 4769 2 a decision on the record pursuant to Board Rule 19.1 For the reasons stated below, we deny appellant’s appeal. Factual Findings On March 13, 2015, GSA notified Ms. Stewart that DustNSew was the winning bidder for sale-lot number 91QSCI15107802, a “Replica 1993 Brockville Roadster.” The item was placed for sale by the Department of the Interior’s National Park Service (NPS), and the sale was conducted by GSA. The item description posted on the auction website read as follows: Replica 1993 Brockville Roadster, Ford Pinto Engine: 1600, AT, 04CYL, VIN: NP80000048016, Est. mileage: 3,319, gasoline; Vehicle was purchased for the Living History program at Scotty’s Castle. (149105-4225-#0003B); Inoperable; Long term outdoor storage; Condition Unknown; ***NOTE*** Property needs to be trailored out. . . . Repairs required, including but not limited to: fuel system replacement, needs new battery, tires, rough riding and narrow in the cab; and parts may be missing. Inspection is strongly recommended. . . . THE CONDITION OF THE PROPERTY IS NOT WARRANTED. Exhibit 1 (emphasis added).2 The contract, agreed to upon registration and submission of a bid, contained the following terms and conditions: Description Warranty & Refunds The Government warrants to the original purchaser that the property listed in the GSAAuctions.gov website will conform to its written description. Features, characteristics, deficiencies, etc. not addressed in the description are excluded from this warranty. GSA further cautions bidders that GSA’s written description represents GSA’s best effort to describe the item based on the information provided to it by the owning agency. Therefore, gross omissions regarding the functionality of items, failures to cite major missing parts and/or restrictions with regards to usage may occur. 1 48 CFR 6101.19 (2015). 2 All exhibits are found in the Appeal File, unless otherwise noted. CBCA 4769 3 The Government does not warrant the merchantability of the property or its purpose.