Squire Solutions, Inc. (SBIR-N202-133 )

B-419477.2 Jun 10, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Squire Solutions, Inc., a small business of New York, New York, protests the decision by the Department of the Navy not to select its proposal for award under the Department of Defense Small Business Innovation Research (SBIR) program broad agency announcement (BAA) No. SBIRDOD-20-2-BAA, Topic N202-133, which invited phase I proposals for research and development projects regarding multimodal interaction technologies to support small unit leaders. Squire contends the agency's evaluation of its proposal was improper. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release.   Decision Matter of:  Squire Solutions, Inc. File:  B-419477.2 Date:  June 10, 2021 Alan Grayson, Esq., for the protester. Hillary A. H. Spadaccini, Esq., Department of the Navy, for the agency. Louis A. Chiarella, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that the agency unreasonably rejected the protester’s phase l proposal submitted in response to a Small Business Innovation Research solicitation is denied where agency evaluation did not violate solicitation or procurement regulations and was otherwise reasonable. 2.  Protest alleging that evaluation was tainted by bias on the part of an agency evaluator is denied where the protester has failed to provide any convincing proof to demonstrate that agency evaluators acted in bad faith or were biased. DECISION   Squire Solutions, Inc., a small business of New York, New York, protests the decision by the Department of the Navy not to select its proposal for award under the Department of Defense Small Business Innovation Research (SBIR) program broad agency announcement (BAA) No. SBIRDOD-20-2-BAA, Topic N202-133, which invited phase I proposals for research and development projects regarding multimodal interaction technologies to support small unit leaders.  Squire contends the agency’s evaluation of its proposal was improper. We deny the protest. BACKGROUND The SBIR program was established under the Small Business Innovation Development Act of 1982, and is codified in section 98 of the Small Business Act.  15 U.S.C. § 638.  The program is designed to increase the participation of small business concerns in federally funded research or research and development (R/R&D).  Pursuant to this authority, certain federal agencies 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.  See 15 U.S.C. §§ 638(e)(4), (f). The SBIR program has three phases.  Under phase I, firms competitively apply for an award to test the scientific, technical, and commercial merit and feasibility of a certain concept.  15 U.S.C. § 638(e)(4)(A).  If successful, the firm may be invited to apply for a phase II award to further develop its phase I concept.  15 U.S.C. § 638(e)(4)(B).  For phase III, the Small Business Act provides that “where appropriate,” there may be a “third phase for work that derives from, extends, or completes efforts made under prior funding agreements under the SBIR program.”  15 U.S.C. § 638(e)(4)(C).  Under phase III, firms are expected to obtain funding from non-SBIR government sources or the private sector to develop the concept into commercial products or products or services for use by the federal government.  Id.  The protest here concerns a phase I funding decision.  Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 2-4. The BAA was issued on June 3, 2020, pursuant to the Small Business Administration (SBA) SBIR and Small Business Technology Transfer (STTR) Program Policy Directive.[1]  Agency Report (AR), Tab 1, SBA SBIR/STTR Policy Directive, May 2, 2019, at 1-152; Tab 16, BAA at 1, 5.  As relevant here, the solicitation anticipated the award of one or more phase I contracts in response to Navy Topic N202-133, Multimodal Interaction Technologies to Support Small Unit Leaders.  BAA at 286.  The solicitation described the requirement as follows: This SBIR topic seeks to integrate existing human-machine interface technologies, minimize the amount of extra equipment needed to be carried by the warfighter, and develop a prototype system that allows for graceful transition between [input/output] methodologies based on a number of factors. . . .  PHASE I:  Determine requirements for how warfighters will use companion [unmanned systems] in missions, focusing on [Naval Special Warfare] NSW and Marine Corps squad leader use cases.  Collect information on various [input/output] methodologies and determine how they can be integrated into a holistic [unmanned systems] control and monitoring system.