Wang Electro-Opto Corporation (A193-153-0194)

B-418523 Jun 04, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Wang Electro-Opto Corporation (Wang), a small business located in Marietta, Georgia, protests the decision by the Department of the Army, Army Contracting Command, (Army) not to select its phase I proposal under the Department of Defense's (DOD) Small Business Innovation Research (SBIR) program broad agency announcement (BAA) No. DOD SBIR-A19-153, which invited proposals for research and development projects. The protester challenges the agency's evaluation of its phase I proposal as unreasonable and decision not to select its proposal for funding. We deny the protest. View Decision Decision Matter of:  Wang Electro-Opto Corporation File:  B-418523 Date:  June 4, 2020 Paul H. Butler, for the protester. Thomas L. Clark, Esq., and Wade L. Brown, Esq., Department of the Army, for the agency. Paula A. Williams, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging agency’s decision not to fund proposal under phase I of Department of Defense Small Business Innovation Research Program solicitation is denied where the evaluation was reasonable and consistent with solicitation. 2.  Protest alleging that the agency’s source selection plan used in this procurement was obsolete and contradicts the Small Business Innovation Research solicitation provisions is dismissed for failure to state valid bases for protest.  DECISION   Wang Electro-Opto Corporation (Wang), a small business located in Marietta, Georgia, protests the decision by the Department of the Army, Army Contracting Command, (Army) not to select its phase I proposal under the Department of Defense’s (DOD) Small Business Innovation Research (SBIR) program broad agency announcement (BAA) No. DOD SBIR-A19-153, which invited proposals for research and development projects.  The protester challenges the agency’s evaluation of its phase I proposal as unreasonable and decision not to select its proposal for funding.   We deny the protest. BACKGROUND The SBIR program is conducted pursuant to the Small Business Innovation Development Act of 1982, 15 U.S.C. § 638 (2011), which requires certain federal agencies to reserve a portion of their research and development (R&D) funds for awards to small business concerns.  See 15 U.S.C. §§ 638(e)(4), (f).  As part of its SBIR program, DOD components[1] invite small businesses to submit innovative research proposals that address high priority requirements of the DOD components and have the potential to commercialize the results of that research and development.  See SBIR Solicitation at 3. The SBIR program has three phases.  Under phase I, small businesses are invited to submit proposals to conduct research or research and development on one or more topics specified in the annual SBIR program solicitation.  See 15 U.S.C § 638(e)(4)(A).  Under phase II, firms that received phase I awards may be invited to submit proposals for further research or research and development work on the topic to produce a well-defined prototype.  Id. § 638(e)(4)(B).  Phase III contemplates that, unlike phases I and II, firms are required to obtain funding from either the private sector, a non-SBIR government source, or both, to develop the concept into a product for sale in private sector or military markets.  Only firms that are awarded phase I contracts are eligible to participate in phase II or phase III.  Id. § 638(e)(4)(C); see also, SBIR Solicitation at 5. The Army issued the SBIR solicitation on August 23, 2019, seeking phase I proposals for DOD Topic No. A19-153, Army SBIR Topic CERDEC-193-008, entitled “Low-Cost Low-Probability-Detection Low-Probability of Intercept ‘Noisy’ RF [Radio Frequency] Communication System.”  Agency Report (AR) exh. 4, DOD Topic A19-153, Army SBIR Topic CERDEC-193-008.  In broad terms, the objective of this topic was to solicit proposals from small business concerns for the development and commercialization of a clandestine communication system, and to research the optimal frequencies, bandwidth constraints and other relevant factors affecting a clandestine RF based mobile communication network.  Id. at 3.  The SBIR solicitation required the phase I offeror to demonstrate its knowledge and understanding of state-of-the-art noisy RF systems, their practical application, and the offeror’s understanding of operational parameters facing the dismounted and mounted soldier, as it relates to communication in the modern Army.  Id.  The SBIR solicitation included Army specific instructions regarding the preparation of proposals.  Specifically, the phase I proposals were to consist of six separate volumes, including a technical volume, a cost volume, and a company commercialization report volume.