DENIED:  January 23, 2007 
CBCA 463 
SATYADEV DUGGIRALA, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Satyadev Duggiralo, pro se, Gallup, NM. 
Judith  A. Bonner, Office of Regional Counsel, General Se rvices Administration, 
Philadelphia, PA, counsel for Respondent. 
Before Board Judges BORWICK , HYATT , and GOODMAN . 
BORWICK , Board Judge. 
Background 
Appellant, Satyadev Duggirala, was  the high bidder for a Rolex watch at an on-line 
auction conducted by the General Services Administration,  respondent.  Appellant  refused 
to consummate the sale because he believed that respondent had described  two watches  in 
the invitation for  bids (IFB) and that he  was entitled to receive two watches for his high bid. 
Upon  appellant’s refusal to pay for and take possession of one R olex watch , respondent 
declared  him in default and assessed  liquidated  damages, from which appellant appeals.  The 
parties  chose to proceed by record  submission.  We deny the appeal because respondent has 
established  that appellant was in default and appellant has not demonstrated an item 

   
2 CBCA 463 
misdescription that would relieve appellant of liability under the terms and conditions of the 
sales contract resulting from the auction.  
Findings of Fact 
On May 11, 2001, respondent assumed possession, as excess Government property, 
of a Rolex watch, designated in the excess prope rty report as serial number 16233, that an 
official  of the Government of Kuwait had presented to a United  States official as  a state gift. 
Appeal  File, Exhibit 1.  Respondent had the watch appraised by a registered appraiser, who 
valued  the watch from $2200 to  $3700.  The  registered appraiser also provided to respondent 
a description of the watch.  Respondent’s Record Submiss ion Memora ndum, Exhibit A 
(Declaration of Paul Hardiman, Property Management Specialist (Nov. 20, 2006)).  
On June 5, 2006, respondent auct ioned the watch on its website 
“www.GSAAuctions.gov.”   Appeal File, Exhibits 2, 3.  O n the IFB posted on its auctions 
website, respondent described the watch as follows: 
WRI STWATCH,  MAN’S ROLEX, T483512 AND 16233 and 62 523, 
OYSTER  PERPETUAL DATE JUST, SILV ERTONE FACE RPT#W73S0Y­
1131-0008 
THE CONDITION OF THE PROPERTY IS NOT WARRANTED 
Id., Exhibit 4.  The watch’s description was the same as the des cription the appraiser had 
furnished  to GSA.  Compare  Appeal File, Exhibit 4 with  Hardiman Declaration, Exhibit A. 
An accompanying picture on the  website showed one watch in a  Rolex box with a Rolex seal 
beside  it.  Appeal File, Exhibit 4.  In addition, the item was identified  b y lot number 
W1FPB106107164 (lot 164).  Id . In that  auction, respondent also auctioned a variety of 
precious  jewelry and watches including a woman’s Rolex watch that wa s identified by lot 
number ending in “158.”  Id., Exhibit 2.  
The auction was subject to the following  terms and conditions, which  we set forth in 
pertinent part: 
SALE OF GOVERNMENT PROPERTY
 
ONLINE SALE TERMS AND CONDITIONS
 
Warning:  GSA reserves the right to chang e the online sale terms and 
conditions.   Bidders are cautioned to periodically review these terms and 
conditions for possible changes. 

3 CBCA 463 
Eligibility of Bidders.  Bidders must be at least 18 years of age. 
Acceptance  Period.  By marking the required  box at  the end of the online sale 
terms  and conditions dur ing  registration and submitting a bid, the bidder 
agrees  to the Terms and Conditions of sale and to pay for and remove the 
property, if the bid is accepted, by the dates and times specified in each lot. 
Bidders  Indebted to the Government.  The bidder warrants, by accepting the 
online  sale terms and conditions and submitting a  bid, which [sic]  he/she is not 
delinquent  in paying  for previous purchases of Federal personal  property and 
any related charges.  Indebted bidders will be ineligible for contra ct awa rds. 
Bidders  will not be able  to bid on items specified on this website until  all debts 
have been cleared. 
. . . . 
Contract  D isputes.  Contracts resulting from the sale of any offer in the 
GSAAuctions.gov  website are subject to the Con tract Di sputes Act of 1978 
(41 USC 601-613), as amended. 
Condition  of Property is not warranted.  Condition No. 2, “C ondi tion and 
Location  of Property,” of Standard Form 114C is deleted in its en tirety. 
Deficiencies, when known, have been  indicated in  the property descriptions. 
However,  absence  of any  indicated deficiencies does not mean that none 
exists. 
Description Warranty and Refunds 
Description  Warranty . The Government warrants to the original purchaser 
tha t the property listed in the GSAAuctions.gov website will conform t o it s 
written  description.  If a misdescription is determined before payment, the 
contr act will be cancelled without any liability to the bidder.  If a 
misdescription is determined  before removal of the property,  the Government 
will keep the property and refund any money paid.  If a misdescription is 
determined  after removal, the Government will refund any money paid if the 
purchaser takes  the property at his/her expense to a location specified by the 
Sales  Contracting  Officer.  The  Refund Claim Procedure described below will 
be strictly followed for  filing a claim.   No refunds will be made, after property 
is removed, for shortages of individual items within a lot.  This warranty is 
in place of all other guarantees and warranties, expressed or implied. 

 
4 CBCA 463 
The Government does not warrant the merchantabilit y of the property or its 
purpose.   The purchaser is  not entitled to any  payment for loss of profit or any 
other money damages - special, direct, indirect, or consequential. 
Refund  Claim Procedure.   To file a refund claim for misdescribed property, (1) 
subm it a written notice to the Sales Contracting Officer within 15 cal enda r 
days from the date of award prior to payment or 15 calendar days from the date 
of removal that the proper ty was mis described, (2) if removed, maintain the 
prope rty in th e purchased condition until it is returned, and (3) if removed, 
return  the propert y at your own expense to a location specified by the Sales 
Contracting  Officer.  Written claims need to  be filed to the Sales Contracting 
Officer,  no verbal contact with  the custodian or the Sales Contracting Officer 
will constitute a notice of misdescription. 
Refund  Amount.  The re fund is limited to the purchase price of the 
misdescribed property. 
Photographs.  Photographs may not depict an exact representation  of the  bid 
item(s)  and should not be relied upon in place of written item descriptions or 
as a substitute for physical inspection.  Pl ease  contact the custodian for 
inspection dates and times. 
Inspection.   Bidders are invited, urged and cautioned to inspect the property 
prior  to bidding.  Bidders must contact the custo dian indica ted in the item 
description for inspection dates and times. 
. . . . 
Submission  of Bid.  Bids  are only accepted in whole U.S. Dollar amounts.  Do 
not enter dollar signs ($) commas (,) or  cents (¢).  Bidding will begin and end 
at the dates and times specified for  each lot in the  GSAAuctions.gov website 
Please  note: The times dis played at G SA Auctions® are in Central time.  In 
addition,  certain auctions are designed to extend the closing time if there is 
bidding  activity.  Bidders are urged to  review the bidding rules and enhanced 
bidding  logic at GSA Auctions® for  auction details.   It is the responsibility of 
the bidder to follow-up on the status of his/her bid. 
. . . . 

   
 
  
 
5 CBCA 463 
Consideration  of Bid.  It  is the policy of GSA Auctions® to  monitor bids and 
other  activity to ensure the  proper use of our  site.  The Government reserves 
the right to reject any and all bids.  Bids can be rejected f or an y reason, 
especially those containing inaccurate, incomplete or unverifiable information, 
or information which is deemed to have been given in bad faith.  GSA 
Auctions®  monitors for suspicious bids.  Such  bids are subject to investigation 
and cancellation at any  time.  If GSA removes a bid, the bidder with the next 
highest  bid, who is in compliance with the online terms and condit ions, will 
becom e the current high bid.  It is a violation of law to submit bids using a 
false  name or any other fraudu len t information, and such bids may not be 
processed,  even if we initially acc ept a bid.   Be aware that if you give us 
falsified  information, we will  remove  you from the database and use whatever 
legal means and methods available to the Federal government to prosecute. 
Oral Statements and  Modifications.  Any oral  statement or representation by 
any representative  of the Government, changing or  supplementing the offering 
or contract or  any condition thereof, is unauthorized and shall confer  no right 
upon the bidder  or purchaser.  Further, no interpretation of any provision of the 
contract,  including applicable performance requirements, shall  be binding on 
the government unless furnished or agreed to, in writing by th e Contracting 
Officer or his designated representative. 
Notification  of Sale  Results.  Successful bidders will be notified by email  and 
must  contact the regional  sales office within 2 business days  from the date & 
time the award email notification was sent.  Bid results will not be furnished 
via telephone or fax.  It is the bidder’s responsibility to follow-up on  the status 
of his/her bid and to ensure that his/her email address  and all registration data 
are kept accurate and up-to-date.  If at any  time, your information changes, it 
is your responsibility to update the appropri ate information at GSA Auctions®. 
Warning:  If any emails are undeliverable and returned due to an in accurate 
email address, GSA may remove such registrants from the database. 
Payment  and Removal Timeframes.  Property must be paid for within 2 
business  days and property removed within 10  business days from the time & 
date  of the award email notification of sale  results, unless otherwise specified 
in the contract.  
. . . . 
All sales are final. 

   
 
 
6 CBCA 463 
Removal.   SUCCESSF UL BIDDERS ARE CAUT IONED THAT THEY ARE 
RESPONSI BLE FOR LOADING AND REMOVAL OF ANY AND ALL 
PROPERTY  AWARDED TO THEM FROM  THE EXACT  PLACE WHERE 
THE  PROPERTY IS LOCATED, AS INDICATED FOR EACH ITEM ON 
THE  G SAAUCT IONS.GOV WEBSITE.  The Purchaser will make all 
arrangements  and perform all work necessary to effec t remov al of the property, 
to include loading, packing and transportation of the property. 
Titl e to Property.  Buyers of motor vehicles will receive a GSA Form 27A , 
“Purchaser’s  Receipt and Authority to Release Property,” and a Standard Form 
(SF)  97, “The United States Government Certificate To Obt ain Titl e To A 
Vehicle.”  SF 97 is not a title;  it is evidence of title only for authority to obtain 
title to  a vehicle  by the purchaser.  Buyers of property other than motor 
vehicles  will receive  only the GSA Form 27A.  Unless otherwise provided in 
the Invitation, title to the  property sold hereunder shall vest in the Purchaser 
as and when removal is effected. 
. . . . 
Default.  Bidders are cautioned to bid only on items they are prepared to pay 
for and remove in accordance with the online sale terms  and conditions of  this 
sale.   Failure to pay for and remove all items awarded within the specified time 
could  result in termination of the contract.  The bidder will also be  subject  to 
paying liquidated damages.  The following supersedes Clause No.  9 of the SF 
114C. 
If you are awarded an item on GSA Auctio ns®, you h ave a responsibility to 
pay for the item  or lot that  you were awarded within 2 business days from the 
date  & time th e awar d email notification was sent and promptly remove it 
before  10 business days from  the date & time the  award email notification was 
sent,  unless otherwise specified in the contract.  If you fail to meet either of 
these  two conditions, y ou wi ll be in violation of the online sale terms and 
condit ions of your contract with the Government and will be considered “in 
default”. 
As a d efaulte d bidder, you will be responsible for the payment of liquidated 
damages,  an administrative fee  for the processing and re-handling of the item 
for which you neglected to  pay for and/or remove.  The charge will total 20% 
of the price that was the award amount or $200, whichever is greater.  

 
 
7 CBCA 463 
Further,  if an item or lot has been paid for but only a portion of the lot has been 
removed,  you will still be considered “in default”, and  you will not be  entitled 
to a partial refund (the difference of 20% or $200).  
In the event of a default, a bidder will l ose all rights to place bids for other 
items  for sale on GSA Auctions® until liquidated  damages have been  paid and 
the payment processed (see below) 
Defa ulted bidders will only be allowed to “browse” items.  At the time that 
liquidated  damages are paid, the bidder will  be given  access to begin bidding 
on items.  
Liquidated  Damages.  Liquidated damage pay ment s paid by credit cards are 
processed by GSA’s Finance office on Monday and Th ursday of each week 
(excluding holidays).  If a credit  card is used  in payment of liquidated damages 
owed,  it can take up to 4 business days to process this payment and clear a 
user’s  GSA Auctions® account.  Avoid if  at all possible, incurring liquidated 
damages. 
Blocked from Bidding.  In the event bidders provide false information or 
default  for non-payment or non-removal, they will lose  all rights to  place bids 
for other items.  T hey will only be allowed to “browse” the items.  At such 
time  the bidder cures his/her default, he/she will be unlocked and be g ive n 
access to begin bidding on items.  
. . . . 
Subject  to the General  Sale Terms  and Conditions (Standard Form 114C, April 
2001)  and the Special Requirements and Conditions applicable to any item 
offered  on the GSAAuctions.gov website, I offer and agree to purcha se t he 
item(s) at the price(s) for each item(s) as indicated.  
Appeal File, Exhibit 3.  
Appellant  submitted a high bid of $3525.  Appeal  File, Exhibits  5, 12.  The next high 
bid was $3469.  Id ., Exhibit 5.  On June 12, 2006, respondent issued  to appellant, as  the high 
bidder, a  notice of award for the watch and advised him  that payment was due by June 14, 
2006, and that he must take possession of the watch by June 21.  Id ., Exhibit 6.  

 
  
   
8 CBCA 463 
On June 16, in an e-mail message to respondent’s contracting officer and one of 
respondent’s  sale officials, appellant said that because of what he assumed were two different 
model  numbers--16233 and 62523--in the description,  he believed that in lot  164 respondent 
had sold two Rolex watches, a man’s  and a woman’s watch.   He wrote he did not want the 
man’s watch unless he had also purchased a woman’s watch.  Appeal File, Exhibit 7. The 
contracting  officer in a return e-mail message denied that there was a misdes cription.  Id . 
Exhibit 8. 
On June 19, the contracting officer in  her final decision stated that the number  16233 
identified  the watch  as a Rolex watch and that the other numbers were  “tag numbers,” with 
the number 16233 being the number that identified the Rolex  watch.   Appeal File, Exhibit 
9.  She also noted that the photograph  showed one wristwatch and that the  written description 
mentioned  one man’s wristwatch, not the plural  noun “wristwatches.”  For those  reasons, the 
contracting  officer denied there was a misdescription and gave appellant until 2:00 p.m., Ju ne 
20, to make payment.  The contracting officer advised appellant th at i f payment were not 
made by that time, respondent would consider appellant in default of the contract.  Id . 
Appellant  immediately responded to the c ont racting officer, insisting that the 
Government  had offered two watches for sale in lot  164.   Appeal File, Exhibit 10.  On June 
21, respondent declared  appellant in default of the contract and assessed liquidated damages 
of $705.  Appellant paid the liquidated damage amount on July 8.  Id., Exhibit 13. 
Appell ant filed an appeal at the General Services Board of Contract App eals 
(GSBCA)  on July 12,  which  was docketed as GSBCA 16926.  On September 22, 2006, the 
parties  chose to submit their dispute  on the written record under GSBCA Rule  111 and the 
GSBCA  so ordered.  Satyadev Duggirala v. General Servic es Administration , GSBCA 16926 
(Sept.  25, 2006).  On January 6, 2007, pursuant to  statutory requirement, the GSBCA  and six 
other  civilian agency board s of cont ract appeals were merged into the Civilian Board of 
Contract  Appeals (CBCA).  On January 8, the case was re-docketed as a CBCA case and 
assigned CBCA  doc ket number 463.  On January 12, the parties completed their record 
submissions.  
Discussion 
Section  847(c)(2)(B) of the National Defense Authorization Act for  Fiscal Year  2006 
provides: 
In the case of any such proceedings pending before an ag ency boar d of 
contract  appeals other than the Armed Services  Board  of Contract Appeals or 
the board of contract appea ls of the Tennessee Valley Authority, the 

 
 
  
9 CBCA 463 
proceedings  shall be continued by  the Civilian Board of Contract Appeals, and 
orders  which were issued in any such proceeding by the agenc y board s hall 
continue  in effect until modified, terminated, superseded, or revoked by the 
Civilian  Board of Contract Appeals, by a court of competent jurisdiction, or 
by operation of law. 
Pub.  L. No. 109-163,  119 Stat. 3136, 3393 (2006).  We thus continue our record submission 
order issued in GSBCA 16926, and decide this matter on the record. 
The assessment of liquidated damages is a government claim,  for which respondent 
has the burden of proof.  Walter R. Moody v. General Services Administr ation , GSBCA 
16736,  06-2 BCA ¶ 33,326.  Respondent has met its burden  because  the record is clear that 
appellant  did not pay for and take  possession of the man’s Rolex watch that  respondent said 
it had sold to appellant in lot 164.    
Appellant  alleges that he was not required  to complete his purchase from  respondent 
because  the multiple numbers  in the item description established that GSA had  auctioned two 
Rolex  watches--a  man’s w atch and a woman’s watch--in lot 164.  Under the terms and 
conditions  of sale appellant was required to  pay for and  take possession of the watch within 
the time frames specified to avoid the imposition of liquidated damages.  Under those same 
terms  and conditions, the contract would  be canc elled without liability to the bidder only 
when  there was a misdescription.  See Michael Griffin  v. General Services Administration , 
GSBCA 16729, 06-1 BCA ¶ 33,274.  
Here  the record demonstrate s that  there was no misdescription.  The auction 
description  specified one man’s Rolex watch.   The photograph showed only one  watch and 
was consistent with the written description.  Standi ng alone, t he multiple numbers in the 
description  could not  reasonably have been understood by  appellant to refer to two watches, 
particularly  a second, woman’s watch, in light of the written description referencing a single 
man’s  watch and separate auction lot numbers for t he sale of a woman’s watch.  Indeed, a 
survey  of Rolex enthusiast web sites should have quickly reveal ed to appellant that the 
number  16233 was the model number of the Rolex watch and  the number 62523 described 
the  identificati on number of the bracelet.  See, e.g., for exampl e 
http://www.watchbasics.com/rolex_prices.htm. 
In believing  that respondent had  described two watches in lot 164, appellant made a 
unilateral  mistake in judgment for which the  relief of reformation is not available. McClure 
Electrical Constructors v. Dalton, 132 F.3d 709, 711 (Fed. Cir. 1997).   

__________________________ 
_______________________________ _______________________________ 
10 CBCA 463 
Respondent has met its burden in establishing its right under  the contract to declare 
the contract in default and to assess liquidated damages.  Appellant has not established a 
misdescription in the IFB that would relieve him of liability for liquidated damages.  
Decision 
The appeal is DENIED . 
ANTHONY S. BORWICK 
Board Judge 
We concur: 
CATHERINE B. HYATT ALLAN H. GOODMAN 
Board Judge Board judge