______________________ DENIED: March 11, 1997 ______________________ GSBCA 14053 FRED McLEAN, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Fred McLean, pro se, Jonesboro, GA. George U. Lane, Office of Regional Counsel, General Services Administration, Atlanta, GA, counsel for Respondent. VERGILIO, Board Judge. On January 10, 1997, the Board received this appeal from Mr. Fred McLean, the successful bidder on a van at an auction held by the respondent, the General Services Administration. Mr. McLean failed to pay for the vehicle within the period established in his contract, and failed to pay for the vehicle in response to a cure notice. Through the notice, the agency extended the time for payment, without the imposition of liquidated damages, but noted that it intended to terminate the contract for default and assess liquidated damages if Mr. McLean did not pay for and remove the vehicle. The agency assessed liquidated damages of $880, which is the matter in dispute. Mr. McLean elected the small claims procedure, Rule 202, for the resolution of this dispute. Mr. McLean clearly explains the circumstances which resulted in his not paying for the vehicle; however, the reasons do not serve as a legal basis to diminish his obligations under the contract. The agency acted permissibly in not cancelling the contract and in assessing the liquidated damages. The Board denies the appeal. Findings of Fact 1. On September 13, 1996, at an agency sale of vehicles, with a price of $4,400, Mr. McLean was the successful bidder on a van. Exhibits 5, 6, 8 (all exhibits are in the appeal file). 2. Specific provisions, found under the caption "General Services Administration Sale," not in standard forms, include statements that "vehicles must be paid for within one hour of the completion of the sale" and the "government will assess a 20% late fee on all vehicles not paid for in full on the day of the sale." Exhibit 3. 3. Additionally, the sale was conducted subject to the Default clause of Standard Form 114C (Sale of Government Property, General Sale Terms and Conditions), which states in part: The Purchaser agrees that in the event he fails to pay for the property or remove the same within the prescribed period(s) of time, the Government shall be entitled to retain (or collect) as liquidated damages a sum equal to the greater of (a) 20 percent of the purchase price of the item(s) as to which the default has occurred, or (b) $25, or the purchase price of such item(s) if the purchase price is less than $25[.] Exhibits 2, 3 (Standard Form 114C ( 9)). 4. The sale was also subject to a provision specifying that oral statements or representations by any representative of the Government are unauthorized and confer no right upon the purchaser. Exhibit 3 (Standard Form 114C ( 16)). On amounts not paid within thirty calendar days from the date of first written demand, a contract provision obligates the purchaser to reimburse the Government for simple interest at the rates established in accordance with statute, from the date of first written demand until paid. Id. ( 11). 5. Mr. McLean details the following in his notice of appeal: I was buying this vehicle for a family member and was headed out of town to take it to them. I bid on one as late as I thought I could because of the time and what I had to do that day. I went to pay for the vehicle and waited 30 minutes & had asked several people there when I would be next. They kept saying the paper work wasn't ready yet. Then I told Janice [not further identified], I needed to pay for the vehicle so I could meet my time obligations that day. She said they were waiting on the white copy. After another 30 minutes, I told her I couldn't wait any longer & had to go. She said it still wasn't ready so go ahead and go. Exhibit 11. Mr. McLean did not wait until the sale ended before he departed; rather, he departed one hour after he was the successful bidder on the vehicle. Mr. McLean did not pay for the vehicle on the day of the sale. 6. With a signature date of September 30, 1996, the contracting officer provided Mr. McLean with a written notice of award, with a statement that payment of $4,400 must be made by October 4, and the vehicle removed by October 8. Exhibit 8. 7. Mr. McLean did not pay for the vehicle. By letter dated October 4, the contracting officer notified Mr. McLean that the contract is terminated and liquidated damages of $880 are assessed. Exhibit 9. 8. By letter dated November 21, the contracting officer issued a decision refusing to cancel the contract and denying a "claim" by Mr. McLean. Exhibit 10. By a notice of appeal received at the Board on January 10, 1997, Mr. McLean filed this appeal, seeking to clear up the matter, cancel the contract, and disallow the liquidated damages assessment. Mr. McLean has elected the small claims procedure. Memorandum of Conference (Feb. 11, 1997). Discussion Mr. McLean was the successful bidder on the vehicle in question. Although he attempted to pay for the vehicle within one hour of being deemed the successful bidder, he did not remain at the sale thereafter. He has not paid for the vehicle, either on the day of the sale, or in response to a notice by the agency. The contract permits the agency to hold the purchaser in default, assess liquidated damages of 20% of the sale price, and obtain simple interest on the amount due from the first written notice of demand. While fully credible, Mr. McLean's recitation of the circumstances surrounding the sale and his failure to pay for the vehicle does not serve as a basis to alter his contractual obligations. Mr. McLean reads the provision requiring vehicles (used in the plural) to be paid for "within one hour of the completion of the sale" as relating to the sale of each individual vehicle, thereby obligating the Government to be prepared to accept payment within one hour of declaring each successful bidder, and each successful bidder to pay for each vehicle within that period. Such a reading is not consistent with the language of the clause, which speaks generally of "vehicles" not "each vehicle" and uses the term "sale" consistent with the caption, in reference to the auction (a day of selling). Further, when read together with the assessment of late fees provision, "paid for in full on the day of the sale," the purchaser is not obligated to pay for the vehicle within one hour after being deemed the successful bidder or face the imposition of late fees. The clauses reveal that the purchaser does not have through midnight to pay, but rather one hour after the overall sale has concluded. The reading Mr. McLean suggests is not reasonable, as it imposes significant obligations on both the Government and the successful bidder to accomplish tasks within one hour--obligations inconsistent with, and not suggested elsewhere in, the terms and conditions of the sale--and would interfere with bidders seeking to obtain more than one vehicle. For his own reasons, and not because of any fault attributed to the Government or its agents, Mr. McLean chose to depart the sale and not pay for the vehicle. His obligations are detailed in the contract. In anticipating that he would be able to pay for the vehicle within one hour of submitting the winning bid, Mr. McLean imposed obligations on the Government not found in the contract. The contracting officer is ensuring that the Government enforces each term of the agreement. The Board lacks a basis to overturn the determination of the contracting officer. Decision The Board DENIES the appeal. Mr. McLean is obligated to reimburse the agency for the liquidated damages ($880) and interest thereon, in accordance with the terms of the contract. ______________________________ JOSEPH A. VERGILIO Board Judge