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![handle is hein.gao/gaocrptajew0001 and id is 1 raw text is:
Comptroller General
of the United States
Washington, D.C. 20548
Decision
Matter of: Intellectual Properties, hie.
File: B-280803.2
Date: May 10, 1999
John C. McIntosh and Robert G. McIntosh for the protester.
William S. Zanca, Esq., and Maj. Gerald Brown, Ballistic Missile Defense Organization,
for the agency.
John L. Formica, Esq., and James Spangenberg, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Agency's determination not to award the protester phase II funding for a project
proposed under the Department of Defense Small Business Innovation Research
program on the basis that the proposal is not innovative and lacks technical merit was
not reasonably justified where the contemporaneous documentation references only
the negative comments of the evaluators, and neither the contemporaneous
documentation nor the arguments, explanations, and testimony in the record
adequately explain the basis for the determination in light of the numerous positive
comments made by the evaluators about the proposal's innovativeness and technical
merit.
DECISION
Intellectual Properties, Inc. (IPI) protests the Ballistic Missile Defense Organization's
(BMDO) determination not to award it phase II funding for a project IPI proposed
under the Department of Defense (DOD) Small Business Innovation Research (SBIR)
program. IPI contends that its proposal to perform research on Passive Multistatic
Hitchhiking Array for Search and Track was improperly evaluated.
We sustain the protest.
The SBIR program is conducted pursuant to the Small Business Innovation
Development Act, 15 U.S.C. § 638 (1994 & Supp. II 1996), which requires certain
federal agencies to reserve a portion of their research and development funds for
awards to small businesses. The program is made up of three phases.
The program description set forth in the solicitation provided that [p]hase I is to
determine, insofar as possible, the scientific, technical, and commercial merit and](ViewImageLocal?handle=hein.gao/gaocrptajew0001&div=1&collection=&method=preview&ext=.png&size=3)