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B-421496,B-421496.2 Jun 09, 2023 1 (2023-06-09)

handle is hein.gao/gaooue0001 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
                                                 DOCUMENT   FOR PUBLIC RELEASE
                                               The decision issued on the date below was subject to a
                                               GAO Protective Order. No party requested redactions;
D  ecisio     n                                we are therefore releasing the decision in its entirety.


Matter of:   Superior Optical Labs, Inc.

File:        B-421496; B-421496.2

Date:        June 9, 2023

John E. McCarthy  Jr., Esq., and Zachary H. Schroeder, Esq., Crowell & Moring LLP;
and Elizabeth H. Connally, Esq., Connally Law, PLLC, for the protester.
David S. Gallacher, Esq., and Emily S. Theriault, Esq., Sheppard Mullin Richter &
Hampton  LLP, for PDS Consultants, Inc., the intervenor.
Natica C. Neely, Esq., Department of Veterans Affairs, for the agency.
Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest that solicitation failed to provide a common basis for competition is denied
where solicitation specified requirements for commercial items in reasonably
unambiguous  terms and  protester failed to show how solicitation would have resulted in
differing interpretations.

2. Protest that agency based price evaluation on defective quantity estimates and failed
to reject awardee's unbalanced pricing is denied where agency reasonably based
quantity estimates on data from recent orders under incumbent contract and where
contracting officer determined that unbalanced pricing was not material because the risk
that agency would order higher quantities of overpriced items was low.
DECISION

Superior Optical Labs, Inc., of Ocean Springs, Mississippi, a small business, protests
the award of a contract to PDS Consultants, Inc., of Louisville, Kentucky, also a small
business, under request for proposals (RFP) No. 36C26122R0056.  The  Department of
Veterans Affairs (VA) issued the RFP for prescription eyeglasses for veterans in the VA
Southern Nevada  Health Care System  and the VA Palo Alto Health Care System, in
California. Superior argues that the VA misevaluated proposals and made an
unreasonable  source selection decision.


We  deny the protest.

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