B-299582.4; B-299582.5, Korrect Optical, Inc., September 7, 2007
Case: B-299582.4
Agency:
Protester: B
Date: 2007-09-07
Denied
B-299582.4; B-299582.5, Korrect Optical, Inc., September 7, 2007
TITLE: B-299582.4; B-299582.5, Korrect Optical, Inc., September 7, 2007
BNUMBER: B-299582.4; B-299582.5
DATE: September 7, 2007
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B-299582.4; B-299582.5, Korrect Optical, Inc., September 7, 2007
DOCUMENT FOR PUBLIC RELEASE
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: Korrect Optical, Inc.
File: B-299582.4; B-299582.5
Date: September 7, 2007
Kristen E. Ittig, Esq., and Caitlin K. Cloonan, Esq., Arnold & Porter LLP,
for the protester.
Dennis Foley, Esq., Department of Veterans Affairs, for the agency.
Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office
of the General Counsel, GAO, participated in the preparation of the
decision.
DIGEST
1. Protest that awardee's proposal failed to comply with material
solicitation requirement and thus could not form the basis for an award is
denied where record demonstrates that awardee's proposal did comply with
the requirement.
2. Where solicitation provided for award to the proposal determined most
advantageous to the government, price and other factors considered, and
agency reasonably determined proposals to be essentially equivalent with
regard to the non-price factors, selection of the awardee's proposal based
on its lower price was reasonable.
DECISION
Korrect Optical, Inc. protests the award of a contract to Safe-Lite
Optical Company under request for proposals (RFP) No. VA-246-07-RP-0002,
issued by the Department of Veterans Affairs (VA) to provide eyeglasses to
eligible veterans at VA Medical Centers in Veterans Integrated Service
Network 6. The protester contends that Safe-Lite's proposal was materially
deficient for failing to offer the required number of frame styles. The
protester also takes issue with the evaluation of its own proposal and the
agency's determination that all proposals were essentially equal
technically.[1]
We deny the protest.
BACKGROUND
The RFP contemplated the award of a fixed-price requirements contract for
eyeglasses incorporating various different types of lenses (e.g., single
vision, bifocal, progressive, trifocal, and high index), which are to be
fabricated upon receipt of prescriptions furnished by the VA clinics.[2]
The solicitation provided for award to the offeror whose proposal was
determined to be most advantageous to the government, price and other
factors (defined in the RFP as technical capability/quality and past
performance) considered, with the non-price factors of greater importance
than price.
Nine proposals were received by the February 1, 2007 closing date. Two of
the nine were immediately excluded from further consideration because the
offerors had failed to include sufficient technical information. A
technical evaluation panel (TEP) rated the remaining seven technical
proposals under 15 criteria pertaining to product quality, five criteria
pertaining to technical capability, a single criterion pertaining to
quality assurance, and four criteria pertaining to past
performance/experience.[3] The proposal that received the highest overall
point score for the product quality factors was assigned 35 points; each
of the other proposals was then assigned a point score reflecting the
percentage of the highest score that its score represented. For example,
because its technical point score was 78 percent of the highest score
received, Korrect's proposal was assigned a technical score of 27.3 (78
percent of 35).
Full decision text continues on ProtestIntel...