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B-296231.2 1 (2005-09-07)

handle is hein.gao/gaocrptaqwu0001 and id is 1 raw text is: 




A         G    A    O                                                   Comptroller General
.       Accountability * Integrity * Reliability                         of the United States
United States Government Accountability Office     DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                   The decision issued on the date below was subject to a
                                                       GAO Protective Order. This redacted version has been
                                                       approved for public release.

          Decision

          Matter of: Med Optical

          File:        B-296231.2; B-296231.3

          Date:        September 7, 2005

          Joseph M. Goldstein, Esq., Shutts & Bowen LLP, for the protester.
          William J. Cea, Esq., Becker & Poliakoff, PA, for Vision MarketPlace, Inc., an
          intervenor.
          Merilee Rosenberg, Esq., and Dennis Foley, Esq., Department of Veterans Affairs, for
          the agency.
          Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest that the agency's evaluation of the awardee's past performance was
          improper is denied where the record supports the agency's evaluation.

          2. Protest challenging agency's evaluation of protester's proposal is denied where
          the alleged evaluation errors did not result in competitive prejudice to protester.
          DECISION

          Med Optical protests the award of a contract to Vision MarketPlace, Inc. (VMP) by
          the Department of Veterans Affairs (VA) under request for proposals (RFP) No.
          546-18-05 to supply prescription eyeglasses and eye exams to veterans in Broward
          County, Florida. Med Optical primarily asserts in its original protest that the
          awardee failed to offer a facility that dispenses eyeglasses and eye exams and is
          located within 5 miles of the nearest VA medical facility, as required by the RFP, and
          that the agency improperly evaluated VMP's past performance. In a supplemental
          protest, Med Optical asserts that its ranking was improperly reduced from second to
          fourth place during the reevaluation of proposals.'



          1 We dismissed another protest ground, that the agency had improperly evaluated
          Med Optical's proposal, for failing to set forth detailed legal and factual grounds for a
          protest.

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