[Protest of FERC Solicitation for Stenographic Reporting Services]

A firm protested a Federal Energy Regulatory Commission (FERC) solicitation for stenographic reporting services, contending that FERC should have issued the solicitation as a small business set-aside. GAO held that FERC improperly issued the solicitation on an unrestricted basis, since FERC should have reasonably expected that: (1) offers would be obtained from at least two small business concerns; and (2) award could be made at a fair market price. Accordingly, the protest was sustained, and GAO recommended that FERC: (1) reissue the procurement as a small business set-aside; and (2) reimburse the protester for its protest costs.