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B-421154,B-421154.2 Jan 17, 2023 1 (2023-01-17)

handle is hein.gao/gaoodv0001 and id is 1 raw text is: 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
Decision                           a GAO Protective Order. This version has been
approved for public release.
Matter of:  PublicRelay
File:     B-421154; B-421154.2
Date:     January 17, 2023
David S. Black, Esq., and Gregory R. Hallmark, Esq., Holland & Knight LLP, for the
protester.
Meagan K. Guerzon, Esq., Small Business Administration, for the agency.
Charmaine A. Stevenson, Esq., and John Sorrenti, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Protest that agency was required to enter into good faith negotiations for a Small
Business Innovative Research (SBIR) phase III award on a sole-source basis is denied
because such action is not required where the agency was not pursuing production of
the technology developed by the SBIR awardee under its prior phase I or II awards, and
did not otherwise seek to procure the technology.
DECISION
PublicRelay, a small business of Vienna, Virginia, protests the issuance of an order to
Red Carrot, Inc., a small business of Miami, Florida, under solicitation No.
73351022Q0087, issued by the Small Business Administration (SBA) for a media
database, monitoring and analytics, and news briefing services for SBA's Office of
Communication and Public Liaison (OCPL). The protester contends that SBA
incorrectly concluded that OCPL's requirement does not qualify for a Small Business
Innovative Research (SBIR) phase III award, and should have engaged in good faith
negotiations with PublicRelay to enter into a phase III contract.
We deny the protest.
BACKGROUND
The SBIR program was established under the Small Business Innovation Development
Act of 1982, and is codified in section 98 of the Small Business Act. 15 U.S.C. § 638.
The program is designed to increase the participation of small business concerns in
federally funded research or research and development (R/R&D). See id. Pursuant to

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