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B-284268 1 (2000-03-20)

handle is hein.gao/gaocrptalae0001 and id is 1 raw text is: 



                   -e GeAtOa
 __Comptroller General
                                                                 of the United States
United States General Accounting Office
Washington, DC 20548



         Decision

         Matter of: Schaeffer Eye Center

         File:      B-284268

         Date:      March 20, 2000


         Jeffrey L. Sachs for the protester.
         Merilee D. Rosenberg, Esq., Department of Veterans Affairs, for the agency.
         Susan K McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Where contracting officer reasonably concludes that, notwithstanding a slight
         difference in technical rating scores, two proposals were essentially technically
         equal, selection of lower-priced proposal is unobjectionable.
         DECISION

         Schaeffer Eye Center protests the award of a contract to Classic Optical
         Laboratories, Inc. under request for proposals (RFP) No. 247-0003-99, issued by the
         Department of Veterans Affairs (VA) for prescription eyeglasses for eligible veterans
         at VA medical centers in Alabama, Georgia, and South Carolina. Schaeffer contends
         that the award on the basis of Classic's lower-priced, lower-rated technical proposal
         is not in accordance with the RFP's stated evaluation scheme, which provided that
         technical factors were more important than price.

         We deny the protest.

         The RFP contemplated the award of a firm, fixed-price contract for a base year and
         2 option years. RFP, Statement of Work, T 3, at 23. Offerors were to submit
         technical and price proposals. RFP, Proposal Submittal Instructions, T 1, at 30. The
         RFP's evaluation scheme, referencing Federal Acquisition Regulation § 52.212-2
         Evaluation--Commercial Items, provided that the agency will award a contract.., to
         the responsible offeror whose offer conforming to the solicitation will be most
         advantageous to the Government, price and other factors considered. RFP § 52.212-
         2(a), at 31. The following evaluation factors, listed in descending order of
         importance, were identified: quality assurance plan (weighted at 35 points), past
         performance and demonstrated capability (weighted at 30 points), personnel

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