DENIED: September 2, 2011 
CBCA 2325 
WIRELESS AND GIFTS, 
Appellant, 
v. 
GENERAL SERVICES ADMINISTRATION, 
Respondent. 
Salah U. Zubair of Wireless and Gifts, Jackson Heights, NY, appearing for Appellant. 
Gabriel N. Steinberg, Office of Regional Counsel, General Services Administration, 
Atlanta, GA, counsel for Respondent. 
Before Board Judges DANIELS (Chairman), STERN , and GOODMAN . 
GOODMAN , Board Judge. 
Appellant purchased a dump truck at a General Services Administration (GSA) 
auction. Appeal File, Exhibit 7. He did not retrieve the truck after being advised that he was 
the successful bidder. GSA issued a notice of default, assessed $200 liquidated damages for 
failure to retrieve the truck, and returned the balance of the purchase price to appellant. 
Appeal File, Exhibit 21. Appellant submitted a claim requesting that the truck be sent to him 
at government expense and demanding $2000 in travel expenses allegedly incurred in 
traveling from New York to South Carolina to have the truck, which was inoperable, towed 
to New York. Appeal File, Exhibit 14. The contracting officer issued a final decision 
denying the claim and appellant appealed. Appeal File, Exhibit 22. 

 
               
     
              
               
         
             
     
            
              
               
           
               
   
              
              
              
                 
                 
         
   
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2 CBCA 2325 
The parties agreed to have the appeal decided on the written record. Both parties have 
filed record submissions and reply submissions. 
Discussion 
Appellant alleges he traveled to South Carolina from New York to pick up the truck, 
but the government officials did not make themselves available to allow him into the facility. 
Appellant’s Record Submission. The government officials, through sworn statements, 
vigorously deny their unavailability, stating they were available at the time in which appellant 
allegedly had traveled there. 
We determine, based upon review of the parties’ submissions, that the facility was 
open during business hours for appellant to retrieve the truck. While appellant asserts that 
he was told that the facility was closed, sworn statements of the government personnel at the 
facility contradict appellant’s assertions. One individual states that he was authorized 
overtime to wait for appellant on the day appellant stated he would arrive, but appellant did 
not appear. 
The notice of default was properly issued, based upon the terms of the auction. 
Appeal File, Exhibit 1. Respondent has complied with its obligations by tendering the 
purchase price less liquidated damages. The terms of the auction require a purchaser to 
remove any property on which he is the successful bidder and do not require GSA to deliver 
goods to the successful bidder. Appeal File, Exhibit 2 at 2. Additionally, the terms of the 
auction do not allow recovery of travel expenses. Id. 
Decision 
The appeal is DENIED . 
ALLAN H. GOODMAN 
Board Judge 
We concur: 
__________________________ ______________________________ 
STEPHEN M. DANIELS JAMES L. STERN 
Board Judge Board Judge