Bode Cellmark Forensics, Inc. d-b-a Bode Technology (B-423754, B-423754.2)

You should not care.

Categories: Sole-source, SBIR phase III

Date: 21 November 2025

URL: https://www.gao.gov/products/b-423754,b-423754.2

Bode Technology protests the sole-source award of a $28.5 million IDIQ contract to SNA International under the Small Business Innovation Research program's phase III authority. DHS Immigration and Customs Enforcement awarded the contract for staff and resources to implement a rapid DNA testing program for enforcement and removal operations—identifying fraudulent familial relationship claims at the border. SNA had previously received SBIR phase I (2019) and phase II (2020) awards to develop a DNA reachback support services concept, including proprietary DNAConnect software and an RBSS support center.

Bode's primary argument was that ICE's "actual requirement" was commercially available DNA machines, test kits, and consumables—not the SBIR-derived software and support center. Bode pointed to an earlier version of the SOW that did not reference DNAConnect and to precorrective-action emails in which the contracting officer described the need as "procuring DNA machines and test kits." After a prior Bode protest, ICE took voluntary corrective action, revised the SOW, and reawarded to SNA. The revised SOW expressly requires use of DNAConnect and the RBSS support center "which derives from and extends" SNA's prior SBIR efforts.

GAO denied the protest on all grounds. On the "actual requirement" argument, GAO held that the relevant requirement is the one described in the current SOW, not a prior draft or precorrective-action communications. The SOW for the protested award extends SNA's prior SBIR efforts because it requires the use of elements developed during those efforts.

On the argument that the majority of the contract price funds commercial items rather than SBIR-derived technology, GAO followed Digital Force Technologies (B-423319), holding that there is no requirement in the SBIR statute or policy directive that the entirety of a phase III solution derive from prior SBIR efforts, and no price-ratio test limiting the proportion of commercial items. The statute requires only that the work "derives from, extends, or completes" prior SBIR efforts—and the DNAConnect software and RBSS support center satisfy that standard.

Bode also argued the phase III award exceeded the scope of the original phase I solicitation. GAO dismissed this as legally insufficient, noting the statute refers to "prior funding agreements," not prior solicitations.

The protest is denied.

Digest

Protest challenging the issuance of a Small Business Innovation Research (SBIR) program phase III sole-source contract is denied where the record demonstrates that the agency is procuring work that derives from, extends, or completes efforts performed under prior SBIR contracts.