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B-279216 1 (1998-04-23)

handle is hein.gao/gaocrptahrv0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: PR Newswire File: B-279216 Date: April 23, 1998 Daniel Selnick for the protester. Catherine S. Anderson, Esq., Executive Office of the President; David R. Kohler, Esq., and Audrey H. Liebross, Esq., Small Business Administration, for the agencies. Paul E. Jordan, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Procurement for news distribution services was properly set aside for exclusive small business participation where the contracting officer reasonably determined that the agency could expect offers from at least two responsible small business concerns and that award would be made at a fair market price. DECISION PR Newswire protests the Executive Office of the President's (EOP) issuance as a total small business set-aside of solicitation No. EOPOA-97-07, for electronic news distribution services. PR Newswire contends that the set-aside is improper and tantamount to a sole source award because there is only one small business capable of performing those services. We deny the protest. The successful contractor is to distribute the full text of White House documents including, but not limited to, press releases, press advisories, schedules, speech texts, presidential proclamations, backgrounds, and transcripts of media briefings and other news events. All documents must be distributed within 1 hour of receipt by the contractor. The contractor will accept data from the White House via Internet, e-mail, fax transmission, and computer disk. Services must be available 24 hours per day, 7 days per week. PR Newswire contends that the only entities technically capable of performing this contract are PR Newswire (which is not a qualifying small business), and one small business, U.S. Newswire (the incumbent). PR Newswire asserts that these two offerors were the only two truly competent offerors in a past similar procurement. All other submissions were allegedly withdrawn by the offerors or eliminated from the competition for limitations in competency.

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