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  • Question

    Can the USG enforce the statement that all equipment must be on approved product list when the USG should have known the specific make/model/brand was not on the approved product list?


    Answer

    The following response is based solely on the question and background information provided.  We do not have all the facts particular to your situation.
     
    Without the solicitation we will state that one can argue the point either way. The offeror may argue the government should not have listed items not on the DISA approved product list.  Using the language in the "Question Background" the government could argue that the specified items were requested, but the requirement to be on the DISA approved product list was a "must" statement and the contractor had a burden to check the DISA approved product list before purchasing equipment.

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