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B-297890 1 (2006-04-04)

handle is hein.gao/gaocrptasoc0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: PDS Consultants, Inc. File: B-297890 Date: April 4, 2006 Jean Y. Park, Esq., Kiley & Park, for the protester. Angel Rosado for Caribe Opti Lab., Inc., an intervenor. Merilee D. Rosenberg, Esq., and Philip Kauffman, Esq., Department of Veterans Affairs, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that award was improper because awardee would not supply goods that complied with Buy American Act is denied, where submission of offer constituted agreement to supply domestic end item, and agency had no information indicating otherwise. DECISION PDS Consultants, Inc. protests the award of a contract to Caribe Opti Lab., Inc. under solicitation No. 672-511-05, issued by the Department of Veteran Affairs (VA) for eye examinations and eyeglasses. PDS argues that the award to Caribe is improper because the eyeglasses it will supply will not be a domestic product as required by the Buy American Act, 41 U.S.C. §§ 1Oa-Od (2000). We deny the protest. The solicitation, issued as a total small business set-aside, incorporated the provision at Federal Acquisition Regulation (FAR) § 52.225-1, Buy American Act Supplies, which, in implementing the Act, requires that domestic end items be delivered under the contract, except to the extent that the offeror specifies delivery of a foreign

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