Award of Contract Under the 8(a) Program

The protester objected to the award of a contract under section 8(a) of the Small Business Act, alleging that the award prices were excessive and that the contract violated the Advisory Committee Act. The Small Business Administration (SBA) had the authority to determine whether a firm was eligible for assistance through the 8(a) program. The contracting agency had the authority to determine whether or not the prices under the award of an 8(a) contract to SBA were fair and reasonable. Such contracts may include an amount over and above competitive market prices if such an amount is needed to permit 8(a) contractors to perform profitably. The contract was not in violation of the Advisory Committee Act requirement that copies of agency transcripts must be available to the public at cost since the price to the public under the contract was the same as the price of copies to the government which the agency had determined to be fair and reasonable.