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B-421880 Sep 27, 2023 1 (2023-09-27)

handle is hein.gao/gaopfa0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: Superior Optical Labs, Inc. File: B-421880 Date: September 27, 2023 John E. McCarthy, Jr., Esq., Zachary H. Schroeder, Esq., Crowell & Moring LLP, and Elizabeth Haws Connally, Esq., Connally Law, PLLC, for the protester. David S. Gallacher, Esq., and Lauren V.T. Irish, Esq., Sheppard Mullin Richter & Hampton LLP, for the intervenor. Natica Chapman Neely, Esq., Department of Veterans Affairs, for the agency. Charmaine A. Stevenson, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is dismissed where the matter involved is the subject of litigation before a court of competent jurisdiction. DECISION Superior Optical Labs, Inc., a small business of Ocean Springs, Mississippi, protests the terms of solicitation No. 36C24723Q0934, issued by the Department of Veterans Affairs (VA) for the manufacture of prescription eyeglasses and provision of optician services for the VA's Veterans Integrated Service Network (VISN) 7. The protester contends that the agency's justification and approval in support of the limited competition of a short- term or bridge contract is unlawful and unreasonable. The protester further contends that the solicitation is materially flawed because it contains numerous technical requirements that are unduly burdensome but does not include any technical evaluation criteria, and unreasonably fails to require that the agency consider unbalanced pricing even though award will be based on price alone. We dismiss the protest because the matter involved is currently pending before a court of competent jurisdiction. We will not decide a protest where the matter involved is the subject of litigation before a court of competent jurisdiction. 4 C.F.R. § 21.11(b); Oahu Tree Experts, B-282247, Mar. 31, 1999, 99-1 CPD ¶ 69. Even where the issues before the court are not the same as those raised in our Office by a protester or are brought by a party other than

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