Global Aerospace Corporation

B-414514 Jul 03, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Global Aerospace Corporation, a small business, of Irwindale, California, protests the National Aeronautics and Space Administration's (NASA) decision not to fund Global's phase II proposal under the Small Business Innovation Research (SBIR) program pursuant to solicitation No. NNX16SBIR/STTR. The protester challenges the agency's evaluation of its proposal. Additionally, Global alleges that one of the firms, which was selected to receive funding, Thin Red Line USA d/b/a MKF Interests, LLC (TRLU), a small business, of Houston, Texas, was ineligible for a phase II award because it previously performed phase I--and likely will continue to perform phase II--research and research and development (R/R&D) outside of the United States in violation of the solicitation's requirements. We sustain the protest in part and dismiss it in part. We sustain the protest in part and dismiss it in part. View Decision Decision Matter of:  Global Aerospace Corporation File:  B-414514 Date:  July 3, 2017 Kerry T. Nock, Global Aerospace Corporation, for the protester. Karen M. Reilley, Esq., and D. Evelyn Lyon, Esq., National Aeronautics and Space Administration, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  A debriefing provided in connection with a Small Business Innovation Research (SBIR) procurement conducted pursuant to 15 U.S.C. § 638 does not fall within the debriefing exception to our general timeliness rules at 4 C.F.R. § 21.2(a)(2), because such procurement is not a procurement conducted on the basis of competitive proposals, under which a debriefing is requested and, when requested, is required.  Thus, protest regarding another offeror based on information that was known to the protester prior to, but not raised until after, the debriefing is untimely and therefore is dismissed. 2.  Protest that agency unreasonably evaluated protester's proposal for an SBIR procurement is sustained where the agency did not document its basis for award recommendation contemporaneously and where the explanation for the agency's award recommendation prepared to address this protest appears to lack a reasonable basis. DECISION Global Aerospace Corporation, a small business, of Irwindale, California, protests the National Aeronautics and Space Administration's (NASA) decision not to fund Global's phase II proposal under the Small Business Innovation Research (SBIR) program pursuant to solicitation No. NNX16SBIR/STTR.  The protester challenges the agency's evaluation of its proposal.  Additionally, Global alleges that one of the firms, which was selected to receive funding, Thin Red Line USA d/b/a MKF Interests, LLC (TRLU), a small business, of Houston, Texas, was ineligible for a phase II award because it previously performed phase I--and likely will continue to perform phase II--research and research and development (R/R&D) outside of the United States in violation of the solicitation's requirements. We sustain the protest in part and dismiss it in part. BACKGROUND The SBIR program is designed to increase the participation of small business concerns in federally funded R/R&D.  15 U.S.C. § 638; Agency Report (AR), Tab 2, Small Business Innovation Research (SBIR) Program Policy Directive, at 213.[1]  Pursuant to this authority, certain federal agencies, including NASA, are required to provide a program under which a portion of the agency's R/R&D effort is reserved for award to small business concerns through a three-phased process.  Under the program, firms first apply for a phase I award to test the scientific, technical, and commercial merit and feasibility of a certain concept.  If this is successful, the firm may be invited to apply for a phase II award to further develop the concept.  After the completion of phase II, firms are expected to obtain funding from the private sector and/or non-SBIR sources to develop the concept into a product for sale.  This protest involves a phase II award. NASA published the solicitation at issue in November 2015 seeking proposals for various potential R/R&D topics, including Topic No. S3, Spacecraft and Platform Subsystems, which was sponsored by NASA's Science Mission Directorate.  Contracting Officer's Statement of Facts (COSF) at 2.  Relevant to the issues in this protest is subtopic No. S3.06, entitled "Terrestrial and Planetary Balloons."  Solicitation at 140-41.  The subtopic sought proposals, among other areas, for vehicles capable of conducting scientific research on either the planet Venus or Saturn's moon Titan.  The Venus subtopic sought proposals for vehicles that can float vertically.  Id. at 141.