The Ulysses Group, LLC (X22-1-CSO)

B-420566 Jun 07, 2022 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights The Ulysses Group, LLC (Ulysses), a small business of Charleston, South Carolina, protests the decision by the Department of the Air Force not to consider the proposal prepared by Ulysses in response to small business innovation research (SBIR) commercial solutions opening No. X22.1, Topic No. AF221-DCSO1, for research and development. Ulysses argues that it submitted a timely proposal and the Air Force unreasonably failed to consider it. We deny the protest. View Decision Decision Matter of: The Ulysses Group, LLC File: B-420566 Date: June 7, 2022 Andrew Lewis, Esq., The Ulysses Group, LLC, for the protester. Josephine R. Farinelli, Esq., Tiffany R. Schwartz, Esq., and Colonel Frank Yoon, Department of the Air Force, for the agency. Raymond Richards, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the agency unreasonably failed to consider protester’s proposal is denied where the protester did not submit its proposal in accordance with the solicitation instructions. DECISION The Ulysses Group, LLC (Ulysses), a small business of Charleston, South Carolina, protests the decision by the Department of the Air Force not to consider the proposal prepared by Ulysses in response to small business innovation research (SBIR) commercial solutions opening No. X22.1, Topic No. AF221‑DCSO1, for research and development. Ulysses argues that it submitted a timely proposal and the Air Force unreasonably failed to consider it. We deny the protest. Background On December 1, 2021, the Air Force pre‑released the commercial solutions opening (CSO) under the SBIR program seeking proposals from small business concerns. Agency Report (AR), Tab 3, CSO at 1, 24‑25. The CSO sought proposals for innovative solutions related to five identified “strategic capabilities” or “previously unconsidered area[s].”[1] Id. at 5. The CSO required all proposals to be submitted electronically through the Department of Defense (DOD) SBIR/small business technology transfer innovation portal (DSIP).[2] Id. The solicitation did not provide for an alternative proposal submission method. A complete proposal consisted of a DSIP registration and six different volumes. Id. at 24‑25. The DSIP opened for proposal submission on January 12, 2022 and the deadline for submission was 12:00 p.m. Eastern Time, on February 10. Id. at 1. Regarding the proposal deadline, the solicitation included the following warning: Deadline for Receipt: No exceptions will be made for the submission deadline above. [The Air Force] recommends early submission, as computer traffic gets heavy near announcement closing. Do not wait until the last minute. [The Air Force] is not responsible for missed proposal submission due to system lag or inaccessibility. Id. (emphasis in original). During the proposal submission window, Ulysses prepared a proposal and attempted to submit it via DSIP. Protest at 5. According to Ulysses, it was able to upload all required volumes to DSIP except for its technical volume. Id. Ulysses explains that when trying to upload its technical volume, DSIP would indicate that the upload was 99 percent complete but would not ever reach 100 percent completion. Id. Ulysses further explains that a short time after each technical volume upload attempt, DSIP would indicate that the upload had failed. Id. at 5, 12. Two days before the proposal submission deadline, Ulysses emailed the DSIP support desk for assistance.[3] Id. at 6; AR, Tab 5, Email from Ulysses to Support Desk, Feb. 8, 2022 (10:09 a.m.). This email explained that Ulysses was experiencing a technical issue when trying to upload its technical volume. Id. The support desk responded about an hour later with a list of troubleshooting techniques. Id., Email from Support Desk to Ulysses, Feb. 8, 2022 (11:25 a.m.). The support desk recommended that Ulysses ensure its technical volume was under the DSIP file size limit, was in an acceptable file format, used an appropriate naming convention, and that it did not contain moving images or electronic signatures. Id. Additionally, the support desk recommended accessing the DSIP website using a preferred web browser such as Chrome, and ensuring that multiple web browser tabs were not open while working with DSIP. Id. Shortly after receiving the support desk’s email, Ulysses responded that it was aware of the suggested troubleshooting techniques as they were listed on the DSIP website, and that the firm had already tried those methods. Id., Email from Ulysses to Support Desk, Feb. 8, 2022 (11:49 a.m.). Ulysses then suggested that there was a technical issue with DSIP.