Counsel Commentary: GAO Weakens the SBIR Phase III Preference

Stephen Bacon authored an article in the April 2023 issue of Contract Management magazine. Stephen delves into the intricacies of the Phase III acquisition preference in his latest article, highlighting how this preference can be a significant opportunity for SBIR participants to showcase their technology to federal agencies. He further explores the recent PublicRelay decision that solidifies the ability of agencies to award sole-source contracts to acquire SBIR-derived technology. Despite this favorable decision, many SBIR participants have faced difficulties in obtaining Phase III awards, and the recent GAO’s decision may further exacerbate this issue. Without a more expansive interpretation of the preference by Congress, the SBA, or future court decisions, SBIR participants may face persistent obstacles in securing Phase III awards. To gain further insights into this critical topic, check out Stephen’s full article here.

This article appeared in the April 2023 issue of Contract Management magazine, published by the National Contract Management Association. Used with permission.