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B-414514 1 (2017-07-03)

handle is hein.gao/gaobadtnw0001 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




Decision


Matter of: Global Aerospace Corporation

File:       B-414514

Date:       July 3, 2017

Kerry T. Nock, Global Aerospace Corporation, for the protester.
Karen M. Reilley, Esq., and D. Evelyn Lyon, Esq., National Aeronautics and Space
Administration, for the agency.
Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. A debriefing provided in connection with a Small Business Innovation Research
(SBIR) procurement conducted pursuant to 15 U.S.C. § 638 does not fall within the
debriefing exception to our general timeliness rules at 4 C.F.R. § 21.2(a)(2), because
such procurement is not a procurement conducted on the basis of competitive
proposals, under which a debriefing is requested and, when requested, is required.
Thus, protest regarding another offeror based on information that was known to the
protester prior to, but not raised until after, the debriefing is untimely and therefore is
dismissed.

2. Protest that agency unreasonably evaluated protester's proposal for an SBIR
procurement is sustained where the agency did not document its basis for award
recommendation contemporaneously and where the explanation for the agency's award
recommendation prepared to address this protest appears to lack a reasonable basis.
DECISION

Global Aerospace Corporation, a small business, of Irwindale, California, protests the
National Aeronautics and Space Administration's (NASA) decision not to fund Global's
phase II proposal under the Small Business Innovation Research (SBIR) program
pursuant to solicitation No. NNX16SBIR/STTR. The protester challenges the agency's
evaluation of its proposal. Additionally, Global alleges that one of the firms, which was
selected to receive funding, Thin Red Line USA d/b/a MKF Interests, LLC (TRLU), a
small business, of Houston, Texas, was ineligible for a phase II award because it
previously performed phase I--and likely will continue to perform phase I--research and

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