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B-185261 1 (1976-07-30)

handle is hein.gao/gaobaddjp0001 and id is 1 raw text is: 

*-

                                  THE COMPTROLLER GENERAL
        DECISION         ..OF             THE     UNITED      STATES
                                      WASHINGTON, D.C. 20548




         FILE: B-185261                     DATE:    July 30, 1976

         MATTER OF: Hoover Reporting Company, Inc.


         DIGEST:

         1.  Protest that contractor is established firm and should
             not be eligible for award under 8(a) program is denied
             where SBA determines firm to be in need of further
             assistance through 8(a) program.

         2.  Protest .that award of 8(a) contract to SBA resulted in
             agency paying excessive prices for services is denied
             as contracting agency determined prices to be fair and
             reasonable.  Moreover, SBA has determined that 8(a)
             contracts may include an amount over and above compe-
             titive market prices if such an amount is needed to
             permit 8(a) contractors to perform profitably.

         3.  Protest that contract is in violation of Advisory
             Committee Act requirement that copies of agency tran-
             scripts must be available to public at cost because
             protester considers contract prices for this service
             excessive is denied as cost of duplication may include
             reasonable factor for overhead and profit and price
             to public under subject contract is same as price of
             copies to Government which agency has determined to be
             fair and reasonable.

             Hoover Reporting Company, Inc. has protested the award
         of the Maritime Administration's (MarAd) contract No. 6-
         38005 for stenographic reporting services to the Small Business
         Administration (SBA) under the authority of section 8(a) of the
         Small Business Act, 15 U.S.C. 637(a) (1970 ed.) and the sub-
         sequent award of SBA contract No. SB 3-20-8(a) 76-C-407 for the
         reporting requirements to Baker, Hames & Burkes Reporting, Inc.
         Hoover contends that the procurement should not have been set
         aside for the 8(a) program because Baker is not eligible for
         8(a) assistance. Also, Hoover argues that the award prices are
         excessive. Hoover also believes that this contract violates the
         requirement of the Advisory Committee Act (5 U.S.C. App. I), that
         copies of transcripts of agency proceedings or advisory committee
         meetings be made available to the public at the actual cost of
         duplication.


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