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B-292247,B-292247.2 1 (2003-08-06)

handle is hein.gao/gaobacyjs0001 and id is 1 raw text is: 


  I

         G    A     0Comptroller General
 .    .Accountability * Integrity Reliability                        of the United States
United States General Accounting Office
Washington, DC 20548



         Decision


         Matter  of:  Rochester Optical Manufacturing Company

         File:        B-292247; B-292247.2

         Date:        August 6, 2003

         Robert G. Fryling, Esq., and Edward J. Hoffman, Esq., Blank Rome, for the protester.
         Dennis Foley, Esq., Department of Veterans Affairs, and Kenneth Dodds, Esq.,
         U.S. Small Business Administration, for the agencies.
         Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
         GAO,  participated in the preparation of the decision.
         DIGEST

         Protest challenging agency decision not to set aside procurement for small business
         concerns is sustained where decision was based on insufficient efforts to ascertain
         small business interest and capability to perform the requirement.
         DECISION

         Rochester Optical Manufacturing Company protests the decision of the Department
         of Veterans Affairs (VA) to issue on an unrestricted basis request for proposals
         (RFP) No. 626-09-03, for eyeglass fabrication and on-site eyeglass fittings in its
         Veterans Integrated Service Network (VISN) 9, which includes seven locations in the
         states of Kentucky, Tennessee, and West Virginia. Rochester, a small business
         concern, argues that the requirement should be set aside for small businesses,
         essentially contending that the agency failed to undertake sufficient efforts to
         ascertain small business interest and capability to perform the requirement.

         We  sustain the protest.





         'In developing the protest record, our Office conducted a recorded telephone
         hearing in which the VA's contracting officer testified. Since there is not a written
         transcript of this hearing, references in this decision to the hearing are to the
         approximate point on the cassette recorder's numerical tape counter (TC at _).

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