KR3Tech, Inc.

B-413692 Dec 14, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights KR3Tech, Inc., of Deltona, Florida, protests the determination by the Department of the Navy, Space and Naval Warfare Systems Command (Navy), not to fund KR3Tech's phase I proposal under the Department of Defense (DOD) Small Business Innovation Research (SBIR) program solicitation No. DoN 16.2 SBIR topic N162-135, for research projects to develop shipboard troposcatter technologies to aid in communications in areas prone to interference. The protester contends that its proposal was evaluated in a manner inconsistent with the solicitation, and that more than one proposal should have been funded. We deny the protest. We deny the protest. View Decision Decision Matter of:  KR3Tech, Inc. File:  B-413692 Date:  December 14, 2016 Wallace Ritchie for the protester. Anthony J. Paza, Esq., Department of the Navy, Space and Naval Warfare Systems Command, for the agency. Gabriel D. Soll, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency’s decision not to fund proposal under phase I of Department of Defense Small Business Innovation Research Program is denied where the evaluation was reasonable and consistent with the solicitation. DECISION KR3Tech, Inc., of Deltona, Florida, protests the determination by the Department of the Navy, Space and Naval Warfare Systems Command (Navy), not to fund KR3Tech’s phase I proposal under the Department of Defense (DOD) Small Business Innovation Research (SBIR) program[1] solicitation No. DoN 16.2 SBIR topic N162-135, for research projects to develop shipboard troposcatter technologies to aid in communications in areas prone to interference.  The protester contends that its proposal was evaluated in a manner inconsistent with the solicitation, and that more than one proposal should have been funded. We deny the protest. BACKGROUND On April 22, 2016, the DOD issued an SBIR phase I solicitation that identified topic areas for awards to be made by 12 DOD components, including the Navy, and provided the general framework for the SBIR proposal and award process.  See generally, Agency Report (AR), Tab 3, DOD Solicitation.  The solicitation noted that the number of phase I awards to be made would be determined by the component’s budget for that purpose.  Id. at 14.  The solicitation also stated that the DOD components were not obligated to make any awards, and that all awards were subject to the availability of funds.  Id. at 4. The DOD solicitation announced that proposals would be evaluated under the following three phase I evaluation criteria, listed in descending order of importance:  (1) the soundness, technical merit, and innovation of the proposal; (2) the qualifications of the researchers; and, (3) the potential for commercialization of the project.  Id. at 27.  The solicitation specifically warned that technical reviewers would base their evaluations only on information contained in the proposals and that offerors could not assume familiarity with individuals or experiments that were not fully described.  Id.  The solicitation stated that funding decisions would be based on a best-value determination.  Id. Under the DOD solicitation, the Navy issued a Navy-specific SBIR solicitation, identified as DoN 2016.2, seeking phase I proposals and providing instructions on more than 60 research topics, including the shipboard troposcatter initiative at issue here.[2]  AR, Tab 4, Navy Program Solicitation.  The Navy announced that it would evaluate proposals in accordance with the DOD solicitation’s evaluation criteria, but would place greater value on the technical merit factor and would weigh the researcher’s qualifications and commercialization-potential factors equally in the evaluation.  Id. at 3.  The Navy-specific proposal submission guidelines also reserved the Navy’s right to limit the number of awards under any topic because of “limited funding.”  Id.  With respect to phase I, topic N162-135, the solicitation specified that the effort was to: [d]etermine technical feasibility for the development of troposcatter control algorithms and to increase communications capability for shipboard application, identify potential algorithms/software that can counter ship motion effects, and develop a strategy to realize troposcatter capabilities that maximize reuse of existing CBSP [Commercial Broadband Satellite Program] and a commercial off the shelf troposcatter modem (e.g., Comtech CS67500A) systems. Elements of the control algorithms can be considered for embedment in the future Navy Multiband Terminal (NMT) Wideband Anti-jam Modem (WAM) for CBSP application. AR, Tab 4, Navy Program Solicitation, at 116. The Navy received eight timely proposals, including KR3Tech’s, for this topic.