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B-413217 1 (2016-09-09)

handle is hein.gao/gaobadsnf0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Mercury Data Systems, Inc. File: B-413217 Date: September 9, 2016 John Taylor for the protester. Robert M. Webb, Esq., for Department of Homeland Security, for the agency. Gabriel D. Soil, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's decision not to fund proposal under phase I of Department of Defense Small Business Innovation Research Program is denied where the evaluation was consistent with solicitation and there is no evidence that agency acted in bad faith or violated regulations. DECISION Mercury Data Systems, Inc. (MDS) of Lexington, Kentucky, protests the determination by the Department of Homeland Security (DHS) not to fund MDS's phase I proposal under DHS's Small Business Innovation Research (SBIR) program' request for proposals (RFP) No. HSHQDC-1 6-R-0001 2 (RFP), Topic The SBIR program is designed to increase the participation of small business concerns in federally funded research or research and development (R&D). See Small Business Innovation Research Program Act of 1982, 15 U.S.C. § 638. Pursuant to this authority, certain federal agencies, including DHS, are required to provide a program under which a portion of the agency's research or R&D effort is reserved for award to small business concerns through a three-phased process. See .qenerally, Id. Under the program, firms first apply for a 6-month phase I award to test the scientific, technical, and commercial merit and feasibility of a certain concept. If this is successful, the firm may be invited to apply for a phase II award to further develop the concept. After the completion of phase II, firms are expected to obtain funding from the private sector and/or non-SBIR government sources to develop the concept into a product for sale in private sector and/or military markets. This protest involves the award of phase I contracts.

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