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B-418028,B-418028.2 1 (2019-12-26)

handle is hein.gao/gaobaeakx0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has Decision been approved for public release. Matter of: ASRC Federal Data Network Technologies, LLC File: B-418028; B-418028.2 Date: December 26, 2019 Damien C. Specht, Esq., James Tucker, Esq., and Caitlin Crujido, Esq., Morrison & Foerster LLP, for the protester. Katherine Burrows, Esq., and Nathanael Hartland, Esq., Nelson Mullins Riley & Scarborough LLP, for American Systems Corporation, the intervenor. Timothy J. Haight, Esq., Jennifer M. Hesch, Esq., Song U. Kim, Esq., and Morgan Hilgendorf, Esq., Defense Health Agency; and Meagan K. Guerzon, Esq., Small Business Administration, for the agencies. John Sorrenti, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency's decision to make a small business innovation research (SBIR) phase III sole source award is sustained where the awardee is not eligible to receive SBIR phase III awards under the terms of the SBIR Program Policy Directive issued by the Small Business Administration. DECISION ASRC Federal Data Network Technologies, LLC (AFDNT), of McLean, Virginia, protests a small business innovation research (SBIR) phase III sole-source award to American Systems Corporation, of Chantilly, Virginia, by the Defense Health Agency (DHA). AFDNT contends that the agency's phase III award was improper because American Systems is not eligible to receive an SBIR phase III award; the award did not meet the definition of a phase III award because it did not derive from, extend, or complete a prior SBIR contract performed by American Systems; and the agency improperly awarded the contract as an undefinitized contract action. We sustain the protest.

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