CBCA 8278

DENIED: October 24, 2025 CBCA 8278 JOE & PAUL CROUSE INC., Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Paul J. Crouse, Vice President of Joe & Paul Crouse Inc., Columbia, PA, appearing for Appellant. Anne C. McDermott, Office of General Counsel, General Services Administration, Philadelphia, PA, counsel for Respondent. Before Board Judges LESTER, KULLBERG, and ZICSHKAU. KULLBERG, Board Judge. Appellant, Joe & Paul Crouse Inc. (JPC), appeals the contracting officer’s decision (COFD) that denied its claim regarding the purchase of a motor vehicle at an auction. JPC contends that the vehicle had excessive motor noise, which was not disclosed at the time it was auctioned, and JPC seeks to return the vehicle at government expense. Respondent, the General Services Administration (GSA), contends that (1) it did not misdescribe the vehicle; (2) JPC failed to inspect the vehicle in advance of the auction; and (3) JPC improperly seeks to return the vehicle at government expense. For the reasons stated below, the appeal is denied. CBCA 8278 2 Background On October 18, 2024, GSA held an auction of fleet vehicles at America’s Auto Auction Richmond in Richmond, Virginia. Exhibit 9 at 2.1 The notice of the auction (auction notice) included the following general sale terms and conditions: 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 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be made by electronic funds transfer (EFT) or a credit back to the credit card, if paid with such, on which payment was originally made.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 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. Purchasers may be required to submit an independent estimate of repairs from a reputable repair facility as part of their written notice to the contracting officer. This warranty is in place of all other guarantees and warranties, express or implied. The Government does not warrant the merchantability or its fitness for any use or purpose. The amount of recovery under this provision is limited to the purchase price of the misdescribed property. The purchaser is not entitled to any payment for loss of profit or any other monetary damages, including special, direct, indirect, or consequential damages. Id. at 2-3. Additionally, the auction notice incorporated by reference section one, Inspection, of GSA Standard Form 114C, Sale of Government Property General Sale Terms and 1 Record citations are to exhibit pdf page numbers, including cover pages. CBCA 8278 3 Conditions, (Rev. 4/2001), which advised potential bidders that they were “invited, urged, and cautioned to inspect the property prior to submitting a bid.” Exhibit 8 at 2. Bidders had the opportunity to preview vehicles on the day before and the morning of the auction. Exhibit 9 at 2. JPC purchased a 2016 Ford Transit Wagon at the auction. Exhibit 6 at 2. The condition report for the vehicle included its make, model, year, and vehicle identification number (VIN), and the report represented that the vehicle was drivable.