CBCA 3693

DENIED: March 25, 2015 CBCA 3693 YASMIN SAIGHI, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Yasmin Saighi, pro se, Tulsa, OK. Jenny M. Matte, Office of Regional Counsel, General Services Administration, Atlanta, GA, counsel for Respondent. Before Board Judges SOMERS, McCANN, and DRUMMOND. DRUMMOND, Board Judge. This appeal arises out of the purchase of a boat by Yasmin Saighi at an online auction conducted by the General Services Administration (GSA). GSA and Ms. Saighi have filed motions for summary relief. Ms. Saighi has also moved to strike GSA’s denial that an agency relationship existed between GSA and Ed Weilbacher, general manager of Kaskaskia Regional Port District, Evansville, Illinois. We grant GSA’s motion and deny Ms. Saighi’s motions. CBCA 3693 2 Background In May 2013, GSA conducted an internet auction for the sale of a fire/patrol boat named the “M/V Blankenship” (boat). The boat information, including photographs, was shown on the website. The boat description estimated that the boat was manufactured in 1987. It stated, inter alia, that the boat had “twin draft V6 - 92TA Detroit diesel engines . . . [which were] rebuilt in April 1998 [and a] Kubota V2038 diesel engine, 5 cyl, 46 BHP [and] . . . needs new batteries.” The description included the warning that “repairs may be required. Parts may be missing. Deficiencies, when known, have been indicated in the property description. However, absence of any indicated deficiencies does not mean that none exits.” The description also included a statement, appearing in all capital letters, warning bidders that GSA did not warrant the condition of the boat. The boat was docked at the Kaskaskia Regional Port District marina in Evansville, Illinois, and was available for bid only by persons who accepted the terms and conditions of sale which were posted on the website. Ms. Saighi inspected the boat prior to the auction and did not advise GSA as to any problems with the boat. She also agreed to the terms and conditions of the sale, including the following paragraphs: Inspection of Property Bidders agree to physically inspect the property upon which they bid or thereby waive the opportunity to conduct a physical inspection. In waiving their inspection rights, bidders bear the risk for any gross omissions regarding the functionality of items, failures to cite major missing parts and/or restrictions with regards to usage that would have been revealed by physical inspection. There are times when access to property may be limited due to property being located in a restricted area. GSA will do all that it can to ensure that photos and detailed descriptions are provided in these instances. During an inspection at a government facility, actions taken by bidders are at their own risk. The U.S. Government will not be liable for any or all debts, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to their inspection at the Government facility, including any injuries that a bidder incurs due to their own actions or neglect on during [sic] their visit to a Government facility. Reporting Discrepancies/Hazardous Materials Prospective purchasers are asked to inform the sales office of any discrepancies in the property descriptions discovered while inspecting the CBCA 3693 3 property and of any lots in this sale that contain hazardous material/waste not indicated in the property descriptions. Condition of Property The following replaces Clause 2 of the General Terms and Conditions of the Standard Form (SF) 114C: Condition of property is not warranted. Deficiencies, when known, have been indicated in the property descriptions. However, absence of any indicated deficiencies does not mean that none exists. Therefore, the bidder should ascertain the condition of the item through physical inspection. Please also reference the Inspection of Property clause. 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.