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B-419300 Dec 16, 2020 1 (2020-12-16)

handle is hein.gao/gaolhu0001 and id is 1 raw text is: GAtO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE Decision The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Matter of: PDS Consultants, Inc. File: B-419300 Date: December 16, 2020 David S. Gallacher, Esq., Emily S. Theriault, Esq., and Adam A. Bartolanzo, Esq., Sheppard Mullin Richter & Hampton LLP, for the protester. Elizabeth Connally, Esq., Connally Law, PLLC; John E. McCarthy, Jr., Esq., and Robert J. Sneckenberg, Esq., Crowell & Moring LLP, for Superior Optical Labs, Inc., the intervenor. Natica Chapman Neely, Esq., Department of Veterans Affairs, for the agency. Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the agency failed to reasonably evaluate whether the awardee would be able to meet staffing levels or optician certifications is dismissed as legally and factually insufficient where the protester's allegations, even if unrebutted, fail to establish a violation of law by the agency because the solicitation did not provide for evaluation of staffing levels or optician certifications. 2. Protest challenging contracting officer's affirmative determination of responsibility for the awardee is dismissed where the assertion on which the protest is based does not constitute the type of allegation that triggers a review under our Bid Protest Regulations. DECISION PDS Consultants, Inc., a service-disabled veteran-owned small business (SDVOSB) of Sparta, New Jersey, protests the award of a contract to Superior Optical Lab, Inc., an SDVOSB of Ocean Springs, Mississippi, under request for proposals (RFP) No. 36C24820R0087, issued by the Department of Veterans Affairs (VA), for prescription eyeglasses and optician services. The protester argues that the agency unreasonably evaluated the awardee's technical proposal and challenges the agency's responsibility determination. We dismiss the protest.

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