Quantum Ventura, Inc. (AF241-D003;AF241-D012)

B-422340.2,B-422341.2 May 28, 2024 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Quantum Ventura Inc., a small business of San Jose, California, protests the terms of the Department of Defense's Small Business Innovation Research (SBIR) 24.1 program broad agency announcement. The protester contends that the solicitation's requirements are ambiguous and unduly restrict competition. We deny the protests in part and dismiss them in part. View Decision Decision Matter of: Quantum Ventura, Inc. File: B-422340.2; B-422341.2 Date: May 28, 2024 James C. Fontana, Esq., and L. James D’Agostino, Esq., Fontana Law Group, PLLC, and David R. Warner, Esq., and Heather Mims, Esq., Warner, PLLC, for the protester. Colonel Patricia W. Lenz, Christian H. Robertson II, Esq., Jeremy W. Robinson, Esq., and John S. Osborn, Esq., Department of the Air Force, for the agency. Jacob M. Talcott, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the terms of the solicitation as ambiguous and unduly restrictive is denied where the language was clear and reasonably defined the agency’s needs. 2. Protest raising additional challenge to the terms of the solicitation is dismissed as untimely where the protester did not raise argument until after the filing of the agency report despite having knowledge of the purported ambiguity prior to filing its protest. DECISION Quantum Ventura Inc., a small business of San Jose, California, protests the terms of the Department of Defense’s Small Business Innovation Research (SBIR) 24.1 program broad agency announcement. The protester contends that the solicitation’s requirements are ambiguous and unduly restrict competition. We deny the protests in part and dismiss them in part. BACKGROUND The Small Business Innovation Development Act of 1982 established the SBIR program to assist small business concerns in undertaking and achieving research and development tasks.[1] 15 U.S.C. § 638. The SBIR program consists of three statutory phases. Under phase one, the agency evaluates the merit and feasibility of ideas that appear to have commercial potential. 15 U.S.C. § 638(e)(4)(A). Under phase two, proposals that meet programmatic needs are further developed; award here is based on the considerations made under phase one.[2] 15 U.S.C. § 638(e)(4)(B). Phase three continues 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). Funding for phase three must come from a source outside the SBIR program. See 15 U.S.C. § 638(e)(4)(C)(i) and (ii). DOD is one of the agencies that administers the SBIR program on behalf of the SBA; the Air Force participates in the SBIR program as a participating component under DOD. Agency Report (AR), Tab 1, Contracting Officer’s Statement (COS) at 2. One of the methods by which DOD administers the SBIR program on behalf of its participating components is through the issuance of a triannual joint broad agency announcement (BAA). Id. DOD compiles a list of research/research and development topics on behalf of various military departments and publishes them as part of the BAAs. Id. The BAA here consists of three sections of increasing specificity: first, the text of the BAA applicable to all components; second, component-specific instructions that are applicable only to proposals submitted to a particular DOD component, such as the Navy and the Air Force; and third, a description of and instructions for each specific topic for which the DOD components are seeking proposals. See generally, AR, Tab 16, SBIR BAA 24.1 amend. 0002. The guidance for the Air Force component includes submission instructions for D2P2 proposals and a list of D2P2 topics. Id. at 340‑357 The issuance of the solicitation was split into two periods: a pre-release period and an open period. Id. at 23; COS at 3. During the pre-release period, which ran from November 29, 2023, to January 2, 2024, firms were permitted to submit technical questions about the BAA topics. AR, Tab 16, SBIR 24.1 BAA amend. 0002 at 23. The open period, which was the period during which firms were to submit their proposals, was originally set to run from January 3 to February 7. COS at 3. The agency initially amended the due date for proposals to February 14 due to extenuating circumstances. Id.; AR, Tab 10, SBIR 24.1 BAA amend. 0001 at 1. On February 7, Quantum Ventura filed two protests with our Office, alleging several terms of the BAA were ambiguous and unduly restricted competition. COS at 3. On February 8, the Air Force notified our Office that it intended to take corrective action by amending the solicitation language to clarify the alleged ambiguities and extending the deadline to submit proposals.