CBCA 2325

Wireless And Gifts

Sep 2, 2011Judge GoodmanGENERAL SERVICES ADMINISTRATION
Not published in the listingDenied

Key Facts

Appellant
Wireless And Gifts
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Goodman
Case number
CBCA 2325
Decided
Sep 2, 2011The decision states Sep 2, 2011 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Denied
The appeal is DENIED.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

The topic rules ran over this decision's own words and none of them matched.

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions.

Appearances

For the appellant
Salah U. Zubair
Wireless and Gifts
Jackson Heights, NY
For the respondent
Gabriel N. Steinberg
Office of Regional Counsel, General Services Administration
Atlanta, GA
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision2 pages, 2,881 characters, read from the Board's own documentDecided Sep 2, 2011 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

DENIED: September 2, 2011

CBCA 2325

WIRELESS AND GIFTS,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.

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.

______________________________

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

Board Judge

JAMES L. STERN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Wireless And Gifts, CBCA 2325. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.

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