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B-281800 1 (1999-04-09)

handle is hein.gao/gaocrptajib0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548

             Decision                                  DOCUMENT FOR PUBLIC RELEASE
                                                     The decision issued on the date below was subject to a I
                                                     GAO Protective Order. This redacted version has been
                                                     approved for public release.



             Matter of: Korrect Optical

             File:        B-281800

             Date:        April 9, 1999

             Stephen E. Smith, Esq., Goldberg & Simpson, for the protester.
             Phillipa L. Anderson, Esq., Merilee D. Rosenberg, Esq., and Philip S. Kauffman, Esq.,
             Department of Veterans Affairs, for the agency.
             Linda C. Glass, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             1. Protest of agency's evaluation of offeror's past performance is denied where the
             record shows that the evaluation was reasonable and consistent with the applicable
             evaluation factors.

             2. Selection of technically superior, higher-priced proposal is unobjectionable
             where the solicitation made technical considerations and past performance more
             important than price and the agency reasonably concluded that the technical
             superiority and better past performance record of the awardee warranted payment
             of the associated price premium.
             DECISION

             Korrect Optical protests the award of a contract to Classic Optical Laboratories,
             Inc. under request for proposals (RFP) No. 583-75-98, issued by the Department of
             Veterans Affairs (VA) for prescription eyeglasses and services for VA beneficiaries.
             Korrect principally contends that the agency improperly evaluated its past
             performance because the agency relied on negative reference information to which
             the protester was not provided an adequate opportunity to respond.

             We deny the protest.

             The solicitation, issued August 12, 1998 as a commercial-item procurement,
             contemplated the award of a fixed-price contract to provide the necessary
             resources, facilities, and establishments in each community where either a Veterans
             Integrated Services Network (VISN) 11 VA Medical Center or Outpatient Clinic is
             located, in order to furnish prescription eyeglasses to eligible beneficiaries. RFP
             § A.6.3. The solicitation provided for award to the responsible offeror whose

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