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B-401173.3 1 (2010-05-04)

handle is hein.gao/gaobadbhp0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Freedom Scientific, Inc. File: B-401173.3 Date: May 4, 2010 Claude P. Goddard Jr., Esq., Daniel J. Donohue, Esq., and Sarah M. Graves, Esq., Husch Blackwell Sanders LLP, and David E. Hilliard, Wiley Rein & Fielding LLP, for the protester. Kristen E. Ittig, Esq., Stuart W. Turner, Esq., and Maureen Jeffreys, Esq., Arnold & Porter LLP, for Enhanced Vision Systems, Inc., an intervenor. Maura C. Brown, Esq., Department of Veterans Affairs, for the agency. Jacqueline Maeder, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. General solicitation provisions mandating that the contractor comply with the requirements of federal, state, and local laws, codes and regulations do not require that an offeror demonstrate compliance prior to award; compliance with applicable federal, state or local requirements is a performance requirement that may be satisfied during contract performance. 2. Protest challenging evaluation of awardee's proposal is denied where record shows that agency evaluated proposal in accordance with the solicitation criteria, and that its conclusions were reasonable. DECISION Freedom Scientific, Inc., of St. Petersburg, Florida, protests the award of a contract to Enhanced Vision Systems, Inc., of Huntington Beach, California, under request for proposals (RFP) No. VA-797-08-RP-002, issued by the Department of Veterans Affairs (VA) for closed-circuit electronic magnification devices (CCTVs) for use by visually-impaired veterans at VA medical centers. Freedom argues that the products offered by Enhanced do not meet the technical requirements of the solicitation and are not compliant with applicable Federal Communication Commission (FCC) regulations. We deny the protest.

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