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Strict Application Of Micro-Purchase Exception Sinks Award

Apr.15.2010

In Rapiscan Sys., Inc. (Mar. 15, 2009), a case handled by C&M, GAO sustained a protest of the award of a purchase order under a Federal Supply Schedule ("FSS") solicitation when the awardee's FSS contract did not include one of the solicitation's required line items. Although the awardee priced the non-FSS item at $0, GAO concluded that the micro-purchase exception did not apply, because the vendor's quotation also stated that the non-FSS item's price (which exceeded the $3,000 micro-purchase threshold) was included in the price of an FSS item.

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Daniel R. Forman
Partner – Washington, D.C.
Phone: +1 202.624.2504
Email: dforman@crowell.com
Jonathan M. Baker
Counsel – Washington, D.C.
Phone: +1 202.624.2641
Email: jbaker@crowell.com