Report No. D-2009-048 January 30, 2009 DoD Small Business Innovation Research Program Report Documentation Page Form Approved OMB No. 0704-0188 Public reporting burden for the collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to a penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. 1. REPORT DATE 3. DATES COVERED 30 JAN 2009 2. REPORT TYPE 00-00-2009 to 00-00-2009 4. TITLE AND SUBTITLE 5a. CONTRACT NUMBER DoD Small Business Innovation Research Program 5b. GRANT NUMBER 5c. PROGRAM ELEMENT NUMBER 6. AUTHOR(S) 5d. PROJECT NUMBER 5e. TASK NUMBER 5f. WORK UNIT NUMBER 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) 8. PERFORMING ORGANIZATION Department of Defense Inspector General,ODIG-AUD,400 Army Navy REPORT NUMBER Drive,Arlington,VA,22202-4704 9. SPONSORING/MONITORING AGENCY NAME(S) AND ADDRESS(ES) 10. SPONSOR/MONITOR’S ACRONYM(S) 11. SPONSOR/MONITOR’S REPORT NUMBER(S) 12. DISTRIBUTION/AVAILABILITY STATEMENT Approved for public release; distribution unlimited 13. SUPPLEMENTARY NOTES 14. ABSTRACT 15. SUBJECT TERMS 16. SECURITY CLASSIFICATION OF: 17. LIMITATION OF 18. NUMBER 19a. NAME OF ABSTRACT OF PAGES RESPONSIBLE PERSON a. REPORT b. ABSTRACT c. THIS PAGE Same as 86 unclassified unclassified unclassified Report (SAR) Standard Form 298 (Rev. 8-98) Prescribed by ANSI Std Z39-18 Additional Information and Copies To obtain additional copies of this report, visit the Web site of the Department of Defense Inspector General at http://www.dogig.mil/audit/reports or contact the Secondary Reports Distribution Unit at (703) 604-8937 (DSN 664-8937) or fax (703) 604-8932. Suggestions for Audits To suggest ideas for or to request future audits, contact the Office of the Deputy Inspector General for Auditing at (703) 604-9142 (DSN 664-9142) or fax (703) 604-8932. Ideas and requests can also be mailed to: ODIG-AUD (ATTN: Audit Suggestions) Department of Defense Inspector General 400 Army Navy Drive (Room 801) Arlington, VA 22202-4704 Acronyms DARPA Defense Advanced Research Projects Agency DFARS Defense Federal Acquisition Regulation Supplement GAO Government Accountability Office IG Inspector General OUSD Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics RDT&E Research, Development, Test, and Evaluation SBA U.S. Small Business Administration SBIR Small Business Innovation Research STTR Small Business Technology Transfer INSPECTOR GENERAL DEPARTMENT OF DEFENSE 400 ARMY NAVY DRIVE ARLINGTON, VIRGINIA 22202-4704 January 30, 2009 MEMORANDUM FOR UNDER SECRETARY OF DEFENSE FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS DIRECTOR, ACQUISITION RESOURCES AND ANALYSIS ASSISTANT SECRETARY OF THE NAVY (RESEARCH, DEVELOPMENT, AND ACQUISITION) NAVAL INSPECTOR GENERAL ASSISTANT SECRETA R Y OF THE AIR FORCE (FINANCIAL MANAGEMENT AND COMPTROLLER) AUDITOR GENERAL, DEPARMENT OF THE ARMY DIRECTOR, DEFENSE ADVANCED RESEARCH PROJECTS AGENCY SUBJECT: Report on the DoD Small Business Innovation Research Program (Report No. D-2009-048) We are providing this report for review and comment. We considered comments fl'om the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics; the Assistant Secretary of the Navy (Research, Development, and Acquisition); and the Director, Defense Advanced Research Projects Agency when preparing the final report. DoD Directive 7650.3 requires that all recommendations be resolved promptly. We received comments from the Under Secretary of Defense and the Assistant Secretary of the Navy to recommendations made in a draft ofthis report. Client comments to Recommendation A.2. were fully responsive. Client comments to all other recommendations were partially responsive. In response to the client comments, we revised Recommendations A.I. and B.I.a. Therefore, we request additional comments from the Under Secretary of Defense to Recommendations A.I., A.3., A.4., B.i.a., and B.I.b.; and from the Assistant Secretary of the Navy for Recommenda tion B.2. by March 2, 2009. Please provide comments that conform to the requirements of DoD Directive 7650.3. Ifpossible, send comments in electronic format (Adobe Acrobat file only) to [email protected]. Copies of the comments must have the actual signature of the authorizing official for your organization. We cannot accept the I Signed I symbol in place of the actual signature. If you arrange to send classified comments electronically, you must send them over the SECRET Internet Protocol Router Network (SIPRNET). We appreciate the courtesies extended to the staff. Questions should be directed to Richard B. Jolliffe at 703604-9201. If you desire, we will provide a formal briefing on the results. Ric 1ard B. Jolliffe Assistant Inspector General Acquisition and Contract Management Report No. D-2009-048 (Project No. D2006-D000AB-0215.000) January 30, 2009 Results in Brief: DoD Small Business Innovation Research Program Establish supplemental funding to What We Did administer the SBIR program. Evaluated whether Military Departments and Designate SBIR internal champions the Defense Advanced Research Projects within acquisition program offices. Agency (DARPA) effectively used the Small Require SBIR contracting personnel to Business Innovation Research (SBIR) program record Phase III contracting actions in for research and development projects to meet DoD and Federal databases. DoD requirements and whether projects developed for the SBIR program resulted in Limit the length and cumulative award products for commercial or military markets. amounts of Phase II contracts. What We Found Require that any additional non-SBIR- funded work, not applicable to a Phase II Army, Navy, Air Force, and DARPA basic contract under SBA policy used different methodologies to track guidelines, not be funded as part of the and report SBIR commercialization. Phase II contract. Inconsistent approaches to reporting The Assistant Secretary of the Navy (Research, Phase III contracting actions may have Development, and Acquisition) should establish led to underreporting of SBIR successes. controls to monitor compliance with standards Underreported SBIR successes may for periods of performance and cumulative affect future congressional decisions to award amounts. reauthorize the Federal SBIR program Client Comments and Our and diminish the role that small businesses play in early-stage research Response and development with DoD activities. The Under Secretary partially agreed with 27 of 34 contracts reviewed extended the recommendations stating that a DoD Directive period of performance by an average of governing the SBIR program would be issued 24 months beyond the U.S. Small by December 2009. The new Directive would Business Administration (SBA) include a requirement to designate SBIR 24-month recommended period of liaisons, make SBIR codes required fields in the performance. Federal Procurement Data System-Next Generation, incorporate SBIR program award Managers exceeded SBA recommended guidelines, require annual reporting, and funding by a total of $16.4 million on 21 encourage use of Phase III contracts to track of 34 contracts reviewed. program activity and the direct uptake of SBIR technology. The Assistant Secretary of the DoD, Army, Air Force, and DARPA Navy agreed to establish controls to monitor internal controls were not adequate for compliance with standards for periods of ensuring that SBIR program offices performance and cumulative award amounts. managed SBIR Phase II contracts Although not required to comment, the Director, according to the SBA policy guidelines. DARPA generally disagreed with the findings. What We Recommend We request that the Under Secretary of Defense The Under Secretary of Defense for for Acquisition, Technology, and Logistics; and Acquisition, Technology, and Logistics should: the Assistant Secretary of the Navy (Research, Development, and Acquisition) provide further Mandate adherence to a consistent comments in response to this report. Please see methodology for identifying and the table on the back of this page. reporting SBIR projects transitioning to Phase III commercialization. i Report No. D-2009-048 (Project No. D2006-D000AB-0215.000) January 30, 2009 Recommendations Table Client Recommendations No Additional Comments Requiring Comment Required Under Secretary of Defense for A.1., A.3., A.4., B.1.a., A.2. Acquisition, Technology, and B.1.b. Logistics Assistant Secretary of the Navy B.2. (Research, Development, and Acquisition) Please provide comments by March 2, 2009. i i Table of Contents Results in Brief i Introduction 1 Objectives 1 Review of Internal Controls 1 Background 1 Finding A. Reporting Small Business Innovation Research Commercial Success 4 Recommendations, Client Comments, and Our Response 12 Finding B. Small Business Innovation Research Phase II Contract Management 18 Recommendations, Client Comments, and Our Response 25 Appendices A. Scope and Methodology 30 Prior Coverage 31 B. Small Business Innovation Research Phase II Project Duration and Funding 33 C. Summary of Client Comments and Our Response 35 Client Comments Under Secretary of Defense for Acquisition, Technology, and Logistics 51 Department of the Navy 59 Defense Advanced Research Projects Agency 66 Introduction Objectives Our overall audit objective was to determine whether DoD is effectively managing the Small Business Innovation Research (SBIR) program. Specifically, we determined whether Defense agencies and Military Departments are effectively using the SBIR program for research and development projects to meet DoD requirements and whether the projects developed for the SBIR program result in products for commercial or military markets. Review of Internal Controls We identified internal control weaknesses for the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics; the Army; the Air Force; and the Defense Advanced Research Projects Agency (DARPA) as defined by DoD Instruction 5010.40, “Managers’ Internal Control (MIC) Program Procedures,” January 4, 2006. DoD officials did not establish adequate internal controls for ensuring that SBIR program offices managed SBIR Phase II contracts according to the SBA Federal guidelines on period of performance and cumulative funding amounts. Implementing Recommendations B.1.a. and B.1.b. will improve contract management and administration procedures for the DoD SBIR program. Improving these procedures will result in more effective transitions of SBIR projects to meet DoD requirements. We will provide a copy of this report to the senior officials responsible for internal controls in the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics; the Department of the Army; the Air Force; and DARPA. Background The SBIR program was established under Public Law 97-219, “Small Business Innovation Development Act of 1982,” July 22, 1982, and reauthorized through September 30, 2008, by the Public Law 106-554, Title I, “Small Business Reauthorization Act of 2000,” December 21, 2000. The U.S. Small Business Administration (SBA) is the coordinating agency for the SBIR program. The SBA maintains overall Federal policy for SBIR and directs 11 Federal agencies’1 implementation of SBIR, reviews their progress, and reports annually to Congress on the program’s operation. As required by Public Law, the SBA is responsible for ensuring that the 11 Federal agencies reserve a portion of their overall research and development extramural budget for award to small businesses. 1The 11 Federal agencies participating in the SBIR program are the Department of Agriculture, Department of Commerce, Department of Defense, Department of Education, Department of Energy, Department of Health and Human Services, Department of Homeland Security, Department of Transportation, Environmental Protection Agency, National Aeronautics and Space Administration, and the National Science Foundation. 1