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B-401352 1 (2009-07-15)

handle is hein.gao/gaobadaxp0001 and id is 1 raw text is: 




         G     A    0                                                 Comptroller General
       Accountability * Integrity * Reliability                       of the United States
United States Government Accountability Office
Washington, DC 20548


             D   ..
          Decision


          Matter of:  NW  Systems

          File:       B-401352

          Date:       July 13, 2009

          Dr. Carol Niznik for the protester.
          Vera Meza, Esq., Department of the Army, for the agency.
          Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protest challenging agency's decision not to fund proposal under phase I of
          Department of Defense Small Business Innovation Research Program is denied
          where there is no evidence that agency acted in bad faith or violated regulations, and
          evaluation was consistent with solicitation.
          DECISION

          NW  Systems (NWS), of Rochester, New York, protests the Army's failure to award it
          phase I research funds under Department of Defense (DOD) Small Business
          Innovation Research (SBIR) program solicitation No. FY 09.1.

          We deny the protest.

          The SBIR program is conducted pursuant to the Small Business Innovation
          Development Act, 15 U.S.C. § 638 (2006), which requires certain federal agencies to
          reserve a portion of their research and development funds for awards to small
          businesses. As part of its SBIR program, DOD issues an SBIR solicitation twice a
          year listing the research topics for which it will consider SBIR program admission.

          Firms first apply for a 6-month phase I award to test the scientific, technical, and
          commercial merit and feasibility of a certain concept. If phase I is successful, the
          firm may be invited to apply for a phase II award to further develop the concept.
          After the completion of phase II, firms are expected to obtain funding from the
          private sector and/or non-SBIR government sources to develop the concept into a
          product for sale in private sector and/or military markets. See DOD SBIR Website,
          http://www.acq.osd.mil/sadbu/sbir/overview/index.htm.

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