Bode Cellmark Forensics, Inc. (70RSAT19R00000003A)

B-423754,B-423754.2 Nov 21, 2025 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Bode Cellmark Forensics, Inc., doing business as Bode Technology, a small business of Lorton, Virginia, protests the award of contract No. 70CMSD25D00000001 to SNA International, LLC, a small business of Alexandria, Virginia, by the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), to provide staff and resources to implement a rapid deoxyribonucleic acid (DNA) testing program for ICE enforcement and removal operations. The protester contends that the agency improperly awarded the indefinite-delivery, indefinite-quantity contract as a noncompetitive small business innovation research (SBIR) program phase III award. 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 redacted version has been approved for public release. Decision Matter of: Bode Cellmark Forensics, Inc. d/b/a Bode Technology File: B-423754; B-423754.2 Date: November 21, 2025 Rebecca Pearson, Esq., Brandon E. Dobyns, Esq., and Stephen G. Darby, Esq., Taft Stettinius & Hollister LLP, for the protester. Damien C. Specht, Esq., James A. Tucker, Esq., Alissandra Y. McCann, Esq., and Victoria D. Angle, Esq., Morrison & Foerster LLP, for SNA International, LLC, the intervenor. Javier A. Farfan, Esq., and Diane Foose, Esq., Department of Homeland Security, for the agency. Michelle Litteken, Esq., and April Y. Shields, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the issuance of a Small Business Innovation Research (SBIR) program phase III sole-source contract is denied where the record demonstrates that the agency is procuring work that derives from, extends, or completes efforts performed under prior SBIR contracts. DECISION Bode Cellmark Forensics, Inc., doing business as Bode Technology, a small business of Lorton, Virginia, protests the award of contract No. 70CMSD25D00000001 to SNA International, LLC, a small business of Alexandria, Virginia, by the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), to provide staff and resources to implement a rapid deoxyribonucleic acid (DNA) testing program for ICE enforcement and removal operations. The protester contends that the agency improperly awarded the indefinite-delivery, indefinite-quantity contract as a noncompetitive small business innovation research (SBIR) program phase III award. We deny the protest. BACKGROUND This protest concerns ICE’s requirement for assistance implementing a rapid DNA testing program to identify fraudulent familial relationship claims made by individuals entering or attempting to enter the United States. Agency Report (AR), Tab 2, Statement of Work (SOW) at 1. The scope of work includes program management, use of DNA reach-back support services (RBSS) software, and the provision of a RBSS support center for rapid DNA end-user assistance. Id. at 2; Contracting Officer’s Statement (COS) at 1. The agency’s requirement also includes “all resources needed to implement a DNA testing program,” including training and supplies for processing and testing samples (e.g., processing instruments, test kits, swabs, and supply kits). SOW at 2; COS at 1. After reviewing its program needs and SNA’s prior SBIR efforts, ICE decided to meet the requirement by awarding an SBIR phase III contract to SNA. COS at 2; Memorandum of Law (MOL) at 2. The contract has a 2‑year ordering period, and the estimated value of the contract is $28,478,648. AR, Tab 7, Source Selection Decision (SSD) at 1. The SBIR program is designed to increase the participation of small business concerns in federally funded research or research and development. See SBIR Program Act of 1982, 15 U.S.C. § 638 (the “SBIR statute”). The 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 concept. 15 U.S.C. § 638(e)(4)(A). If this is successful, a firm may be invited to apply for a phase II award to further develop the concept. Id. § 638(e)(4)(B). A phase III award is defined as work that “derives from, extends, or completes efforts made under prior funding agreements under the SBIR program.” Id. § 638(e)(4)(C). Under this phase, firms are expected to obtain funding from non-SBIR government sources or the private sector to develop the concept into a product for sale in private sector or military markets. By way of background, in 2019, DHS awarded SNA an SBIR phase I contract to develop a DNA reach-back concept of operations for DHS components. AR, Tab 8, Award Memorandum at 1. The purpose of the contract was to analyze the feasibility of developing a reach-back capability to review results and support fielded rapid DNA systems using DNA store/match/share capability. Id.