I don't see the auction itself as scummy. They're absolutely free to do that. It might be a bit scummy that the auction isn't open to everybody. Only a select group of OEM vendors will have access to this. That may also mean it's harder to acquire for benchmark tests.
Furthermore, no warranty could even mean they can get away with selling processors that won't work reliably at the listed speeds. If they were to do that, that'd definitely be scummy.
All things considered, I don't think it's for me.