Matter of Global Aerospace Corporation, 2017 WL 2859927
This case concerns the Small Business Act of 1958. Recognizing the importance of free enterprise and competition, the Small Business Act requires the U.S. Government to assign a fair portion of contracts and purchases to small businesses.
As part of this process, 15 U.S.C. 638 establishes the Small Business Innovation Research (SBIR) program, which requires federal agencies to involve small businesses in federally funded research and development (R&D). Federal agencies satisfy this requirement with a three-phase approach.
Under phase I, small businesses apply to evaluate a product concept for scientific, technical, and commercial viability. Then small businesses compete for a phase II award to continue development on the product concept. After completing phases I and II, small businesses must obtain outside funding to develop their product concept for commercial sale.