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B-418618,B-418618.2 1 (2020-07-07)

handle is hein.gao/gaobaebio0001 and id is 1 raw text is: 



GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                 Comptroller General
Washington, DC 20548                                            of the United States
                                         .......................................................................................................................
                                            DOCUMENT FOR PUBLIC RELEASE
                                          The decision issued on the date below was subject to
                                          a GAO Protective Order. This version has been
                                          approved for public release.
Decision



Matter of:  Superior Optical Labs, Inc.

File:       B-418618; B-418618.2

Date:       July 7, 2020

J. Dale Gipson, Esq., Maynard Cooper & Gale, PC, for the protester.
Elizabeth H. Connally, Esq., Connally Law, for the protester.
Emily S. Theriault, Esq., David S. Gallacher, Esq., and Adam Bartolanzo, Esq.,
Sheppard Mullin Richter & Hampton LLP, for PDS Consultants, Inc., the intervenor.
Natica Chapman Neely, Esq., Department of Veterans Affairs; and Sam Q. Le, Esq.,
and John W. Klein, Esq., Small Business Administration, for the agencies.
Heather Self, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest arguing that award was improper because the agency knew, or should have
known, that the awardee did not qualify as a small business is dismissed because the
face of the awardee's proposal did not suggest that it was other than a small business
and the protester's allegations otherwise amount to a challenge of the awardee's size
status which is a matter reserved for the Small Business Administration.
DECISION

Superior Optical Labs, Inc., a service-disabled veteran-owned small business
(SDVOSB) of Ocean Springs, Mississippi, protests the award of a contract on a
sole-source basis to PDS Consultants, Inc., an SDVOSB of Sparta, New Jersey, by the
Department of Veterans Affairs (VA), for prescription eyeglasses and optician services.
The protester contends that PDS was not a responsible source eligible to receive the
protested award because PDS does not qualify as a small business concern for
purposes of the protested procurement. The protester further argues that the VA failed
to conduct adequate market research to determine whether PDS qualified as a small
business concern.


We dismiss the protest.

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