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B-406553 1 (2012-06-25)

handle is hein.gao/gaobadowh0001 and id is 1 raw text is: AL G A O0 Comptroller General Bo Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Complere Inc. File: B-406553 Date: June 25, 2012 Dr. F. Kevin Owen for the protester. Richard J. McCarthy, Esq., National Aeronautics and Space Administration, for the agency. Gary R. Allen, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST GAO will not review an agency's decision not to enter into a noncompetitive phase III funding agreement under the Small Business Innovation Research Program. DECISION Complere Inc., of Pacific Grove, California, protests the decision of the National Aeronautics & Space Administration (NASA) not to enter into a Small Business Innovation Research (SBIR) program phase III funding agreement with the firm. Complere also complains that NASA will violate the firm's intellectual property rights. We dismiss the protest. NASA awarded Complere contracts under SBIR phases I and II for research involving the National Transonic Facility, one of NASA's wind tunnels. Following Complere's successful completion of its phase II contract, Complere submitted an unsolicited proposal to continue its research under phase III of the SBIR program. NASA reviewed Complere's proposal, but decided not to enter into a phase III funding agreement with the firm. NASA instead decided to do its own research on this topic within the agency. Contracting Officer's Statement at 3-5, 7, 8. Complere challenges the agency's decision not to enter into a phase III funding agreement with the firm. Complere complains that the agency will violate its intellectual property rights by using its research in-house. Protest at 8.

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