The moral of the story is to object to the inclusion of open market items in an RFQ, except perhaps for travel in excess of the micro-purchase threshold.  If you submit a quote that includes open market items, someone may protest award of an order that includes such items, and you may eventually lose the award.

Tom Petruska, Owner
Contracts Unlimited, Incorporated

The foregoing is not legal advice or a legal opinion.  See your attorney for legal advice.

Footnotes:

1. ATA Defense Industries, Inc. v United States, No. 97-382C (Fed. Cl.) June 27, 1997

2. 41 U.S.C. 253

3. Pyxis Corporation, B-282469, July 15, 1999

4. Currently $3,000.

5. 48 C.F.R. 8.401

6. Open Market Items

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