Allosense, Inc. (F1M2X51194A001)

B-420201 Dec 27, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Allosense, Inc., a small business of San Antonio, Texas, protests the award of a contract to Apptricity Corporation, a small business of Irving, Texas, under request for quotations (RFQ) No. F1M2X51194A001, issued by the Department of the Air Force, 628th Contracting Squadron for a telematics tracking system for the tracking of aerospace ground equipment. The protester contends that the agency should have met its requirement through a small business innovation research (SBIR) phase III sole-source contract or, alternatively, should have considered Allosense's quotation requesting an SBIR phase III award on a sole-source basis for award under the RFQ. We dismiss the protest. View Decision Decision Matter of:  Allosense, Inc. File:  B-420201 Date:  December 27, 2021 Roman Sandoval for the protester. Colonel Frank Yoon, Major Thomas F. Pfeifer, Major Brian M. Shust, and Robert E. Beyler, Esq., Department of the Air Force, for the agency. Christopher Alwood, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging agency’s decision not to meet its requirement through the award of a sole-source small business innovation research (SBIR) phase III award is dismissed as untimely where the protester did not protest the terms of the request for quotations that sought to meet the requirement on a competitive basis outside the SBIR program until after the closing date for receipt of quotations. 2.  Protest challenging the agency’s decision not to consider a vendor’s quotation is dismissed for lack of interested-party status where the protester’s quotation, even if it were considered by the agency, would not be next in line for award, given the solicitation’s lowest price, technically acceptable basis for award.  DECISION Allosense, Inc., a small business of San Antonio, Texas, protests the award of a contract to Apptricity Corporation, a small business of Irving, Texas, under request for quotations (RFQ) No. F1M2X51194A001, issued by the Department of the Air Force, 628th Contracting Squadron for a telematics tracking system for the tracking of aerospace ground equipment.  The protester contends that the agency should have met its requirement through a small business innovation research (SBIR) phase III sole-source contract or, alternatively, should have considered Allosense’s quotation requesting an SBIR phase III award on a sole-source basis for award under the RFQ. We dismiss the protest. BACKGROUND The SBIR program was established under the Small Business Innovation Development Act of 1982, which is codified in section 9 of the Small Business Act.  15 U.S.C. § 638.  The program was established to assist small business concerns obtain and perform research and development work by requiring that certain federal agencies--including the Department of Defense--reserve a portion of their research and development funds for awards to small businesses.  See id. § 638(e)(4). The SBIR program has three phases.  Under phase I, small businesses are invited to submit proposals to conduct research 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 submit proposals for further development work on the topic.  See id. § 638(e)(4)(B).  Regarding 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.”[1] Id. § 638(e)(4)(C). Pursuant to the National Defense Authorization Act of 2018, the Small Business Act was amended to state: To the greatest extent practicable, Federal agencies and Federal prime contractors shall-- (B) issue, without further justification, Phase III awards relating to technology, including sole source awards, to the SBIR and STTR[2] award recipients that developed the technology. 15 U.S.C. § 638(r)(4). Throughout June and July of 2021, the agency conducted market research for a requirement to provide a telematics tracking system to the Air Force’s 437th Maintenance Squadron.  Contracting Officer’s Statement (COS) at 2‑3.  As part of conducting the market research, the agency contacted several potential offerors, including Allosense, to see if they would be able to submit quotations for the requirement.  Id.