DENIED: March 18, 2010 
CBCA 1751 
DAVID M. HOFFMAN, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
David M. Hoffman, pro se, Mechanicsville, MD. 
Gabriel N. Steinberg, Office of Regional Counsel, General Services Administration, 
Atlanta, GA, counsel for Respondent. 
Before Board Judges STERN , VERGILIO , and KULLBERG. 
VERGILIO , Board Judge. 
On October 6, 2009, the Board received from David M. Hoffman (purchaser) a notice 
of appeal, timely-filed pursuant to the Contract Disputes Act of 1978, as amended, 41 U.S.C. 
§§ 601-613 (2006) (CDA). The purchaser successfully competed in an auction, obtaining 
a vehicle.  The purchaser did not pay for the vehicle. The contracting officer determined that 
the vehicle was not misdescribed, issued a notice of termination for default, and assessed 
liquidated damages.  Asserting that the vehicle was misdescribed, the purchaser disputes the 
default determination and assessment of damages.  The Board concludes that the vehicle was 
not misdescribed.  The purchaser’s failure to pay constitutes a default.  The assessment of 
damages was in accordance with contract provisions.  The Board denies the claim. 
Findings of Fact 
1. The Government conducted an on-line auction with a closing date of June 3, 
2009.  The item description for one lot, a “2006 CROSSROAD RV,” states: 

   
      
 
  
 
 
   
      
 
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B/C 1373573, keys, internal, all units are worn/used, some have missing parts 
and components, external, some units may have small holes/dents, some units 
are missing windows and roof vents, other parts may be broken or missing 
from what is listed in the description.  Repairs are required.  All length 
measurement[s] include the tongue. Property must be removed within 10 days 
from end of sale.  Please be advised that the photos listed are sample photos 
and should not be relied upon in place of the written description. . . . 
The condition of the property is not warranted. 
Exhibit 2 at 1 (all exhibits are in the appeal file, as supplemented).  Although not listed in the 
bid material, the Government possessed the vehicle identification number (VIN) for the item, 
Exhibits 1 at 2, 2 at 4, which was also ascertainable upon an inspection of the vehicle. 
2. Regarding photographs, a clause of the sale and of the resulting contract 
provides: “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.  Please contact the custodian for inspection dates and times.”  Exhibit 3 at 3. 
3. A clause of the sale and the resulting contract addresses 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 the Contracting Officer or his delegated 
representative. 
Exhibit 3 at 3. 
4. The terms of the sale and of the resulting contract contain provisions dealing 
with the description warranty, misdescribed property, and claims of misdescription: 
Description Warranty. 
The Government warrants to the original purchaser that the property listed in 
the GSAAuctions.gov website will conform to its written description.  If a 
misdescription is determined by the Contracting Officer of the sale, before 

   
  
    
       
  
  
      
 
  
     
 
 
      
    
 
3 CBCA 1751 
payment, the contract will be cancelled without any liability to the bidder.  If 
a misdescription is determined by the Contracting Officer of the sale before 
removal of the property, the Government will keep the property and refund any 
money paid. . . . The Refund Claim Procedure described below will be strictly 
followed for filing a claim. . . . This warranty is in place of all other 
guarantees and warranties, express or implied. 
The Government does not warrant the merchantability 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. 
Mis-described Property. 
Prior to the closing of the sale, if any item has been determined to be 
inadequately described for example, a gross omission regarding the 
functionality of an item, failure to cite major missing parts, and/or restrictions 
with regards to its use after purchase or removal are omitted in the description, 
the property may be considered as mis-described. If GSA is aware of this 
missed information prior to the close of a sale, the item may be pulled from the 
sale and resubmitted with the information or re-offered at a later date. 
Claims of Misdescription. 
If items have been awarded but not paid for and the successful bidder feels that 
the property is mis-described, he/she must follow these procedures: A written 
claim needs to be submitted to the Sales Contracting Officer within 15 
calendar days from the date of award requesting release of contractual 
obligation for reasons satisfying that of a mis-description.  No verbal contract 
with the custodian or the Sales Contracting Officer will constitute notice of 
misdescription. 
Exhibit 3 at 5. 
5. The Default clause includes the following provisions: 
If you are awarded an item on GSA Auction®, you have a responsibility to pay 
for the item or lot that you were awarded within 2 business days from the date 
& time the award 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 

 
    
     
 
 
 
 
   
       
 
           
  
      
  
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two conditions, you will be in violation of the online sale terms and conditions 
of your contract with the Government and will be considered “in default”. 
As a defaulted 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 purchase price of the award amount or $200, whichever is greater.  The 
Government shall be entitled to retain (to collect) this amount of the purchase 
price of the item(s) as to which the default occurred. 
. . . . 
In the event of a default, a bidder will lose all rights to place bids for other 
items for sale on GSA Auction® until liquidated damages have been paid and 
the payment processed . . . . 
Exhibit 3 at 5-6. 
6. On June 3, 2009, the Government provided this purchaser with email 
notification of award, specifying that payment of the bid price, $5601, must be made by 
June 5, and the property must be removed by June 26, the dates determined in accordance 
with the contract.  Exhibit 5 at 2. 
7. On June 5, 2009, by written message to the contracting officer, the purchaser 
asserted: “The VIN and correct model were not listed properly in the listing.  Therefore this 
contract is incomplete and invalid.”  Exhibit 7 at 1.  The purchaser voiced further 
dissatisfaction in other email messages to the Government. Exhibit 7.  Without specifics of 
the VIN, model, and condition, the purchaser was aware that he did not know details of what 
he was purchasing and what he had purchased.  Purchaser’s Exhibit 4. 
8. The purchaser did not pay for (or remove) the purchased property.  By letter 
dated June 11, 2009, the contracting officer notified the purchaser of the termination of the 
contract because of the purchaser’s failure to pay. The notice required the purchaser to remit 
$1120.20 in liquidated damages, and indicated that late charges will be assessed if payment 
is not made within thirty days. Additionally, “Until this default is cured you may be found 
non-responsible and ineligible to receive future contracts.”  Notice of Appeal, Attachment. 
9. By letter dated June 16, 2009, the purchaser requested that the contracting 
officer either cancel the contract and restore his account or provide the vehicle pictured in 
the sale advertisement, because of a misdescription.  Exhibit 8. 

          
  
   
           
 
    
  
       
   
 
  
    
 
 
       
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10. The contracting officer issued a decision dated July 7, 2009, referencing the 
clauses of the terms and conditions of the auction noted in the above findings.  Because the 
purchaser was in default for non-payment, the Government assessed liquidated damages of 
$1120.20 (twenty percent of the purchase price), with reference to the Default clause.  The 
contracting officer denied the purchaser’s request to cancel the default and provided the 
purchaser with notice of his appeal rights.  Exhibit 9. 
Discussion 
The purchaser contends that the sale is unenforceable because the listing failed to 
provide a VIN number, description, or correct pictures of this item.  The purchaser has not 
demonstrated that the lack of a VIN number or picture in a description makes a sale 
unenforceable.  The sale included a description of the item in question.  The record does not 
demonstrate that the description is inaccurate.  The purchaser bid on and won the vehicle 
identified with the given lot.  Any oral communications and/or assurances the purchaser may 
have received regarding the particular model of vehicle in the lot are not relevant. 
The sale material informed the purchaser prior to the sale of the conditions and terms 
of the sale.  The purchaser opted to participate in the auction, for which the Government had 
established the terms and conditions. The purchaser bid on the vehicle in question without 
viewing the vehicle, while knowing that he lacked the information and written assurances 
that he now claims were pertinent to his bid price.  The purchaser was awarded the vehicle 
in question.  The purchaser has not demonstrated that the vehicle is other than that described. 
The lack of description regarding model type (e.g., slideout) does not constitute a 
misdescription.  The purchaser has not established a misdescription or a basis either to alter 
the terms and conditions of this sale or to invalidate the contract.  Kenneth G. Hanke v. 
General Services Administration, GSBCA 14097, 97-2 BCA ¶ 29,247. 
The contract dictates the obligations of the parties.  Given the non-payment, the 
contracting officer properly terminated the contract for default and assessed liquidated 
damages in accordance with the contract. The purchaser has not established a basis for relief. 
Decision 
The Board DENIES  the appeal. 
JOSEPH A. VERGILIO 
Board Judge 

6 CBCA 1751
 
We concur:
 
____________________________ ____________________________ 
JAMES L. STERN H. CHUCK KULLBERG 
Board Judge Board Judge