Doctor Nui Loa Price, A/K/A Maui Loa v. United States General Services Administration

Dr. Nui Loa Price appeals the district court’s grant of summary judgment for the government in an action to compel the GSA to accept his bid in an auction of surplus land. We consider only whether the district court had jurisdiction over Price’s action.

I

In early 1983, the General Services Administration issued an Invitation for Bids (IFB) to sell 89.275 acres of surplus land located in Waianae, Oahu, Hawaii. The land had been used by the Coast Guard as the site of a transmitting station and was vacant except for one heavily vandalized building.

Under the IFB, the GSA reserved the right to “reject any or all bids or portions thereof.” IFB at T. By the time bidding closed in June 1983, the GSA had received 14 sealed bids ranging from $1 to $89,000, the highest submitted by plaintiff Dr. Nui Loa Price. However, because the bids were far below the appraised value of the property, the GSA decided to reject them and canceled the sale. Thus, although Price was the high bidder, his bid was rejected along with that of 13 others.

On September 16, 1983, Price brought suit against the GSA alleging bad faith and violations of internal agency policies in connection with the agency’s…