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B-400430 1 (2008-09-26)

handle is hein.gao/gaobadaoz0001 and id is 1 raw text is: 


  AlL

A     ,   GA       O                                                  Comptroller General
       Acc untabiity * Integrity * Reliability of the United States
 United States Government Accountability Office
 Washington, DC 20548

             D   ..
          Decision


          Matter of:  PR Newswire  Association, LLC

          File:       B-400430

          Date:       September  26, 2008

          Brian Taylor for the protester.
          Daniel Selnick, for Business Wire, Inc., an intervenor.
          Michael I. Goulding, Esq., Department of Health and Human Services, for the agency.
          Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Agency was not required to provide actual notice of solicitation to incumbent
          contractor; posting of solicitation on FedBizOpps Internet site provided constructive
          notice to all potential offerors, including protester.
          DECISION

          PR Newswire  Association, LLC protests the award of a contract to Business Wire,
          Inc. under request for proposals (RFP) No. HHS-ASPA-NEWSDIVISION, issued by
          the Department of Health and Human Services (HHS) for public relations assistance,
          including dissemination of news releases, press statements, media advisories and
          other time-sensitive media materials. PR Newswire asserts that the agency failed to
          properly notify it of the RFP.

          We deny the protest.

          PR Newswire  is HHS's incumbent public relations assistance contractor and this
          RFP is the agency's second effort to obtain follow-on services. In its first attempt,
          HHS awarded  a sole-source contract to PR Newswire. Business Wire challenged the
          award in a protest to our Office, in response to which the agency took corrective
          action, including a planned re-examination of its requirements and an agreement to
          provide Business Wire with a copy of the solicitation. Business Wire withdrew its
          protest and we closed our file without further action (B-311078, Feb. 5, 2008). HHS
          then extended PR Newswire's contract on a month-to-month basis. On May 28, 2008,
          the RFP was posted on the FedBizOpps website (http://www.fedbizopps.gov) with a
          closing date of June 24. The contracting officer provided notice to Business Wire,

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