A product can still be commercial even if modified
GSA sought to purchase "security containers," like it had done for more than 20 years, using commercial procedures under FAR Part 12. But protestor claimed that the product it sold was not commercially available because of some government-specific modifications. GSA's market research suggested otherwise and GAO agreed with the agency, noting that the products were "'of a type' of product sold commercially." Protestor also challenged GSA's inclusion of a liquidated damages clause, but GAO agreed with GSA that the clause was not punitive. Protestor also alleged that the solicitation contained erroneous information (though corrected by the agency), and had ambiguous or conflicting clauses related to hazardous waste and price adjustments. GAO disagreed and said that the clauses were just fine.