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B-291818 1 (2003-04-02)

handle is hein.gao/gaobacygn0001 and id is 1 raw text is: 




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



         Decision


         Matter  of: Kolaka No 'eau, Inc.

         File:       B-291818

         Date:       April 2, 2003

         Eugene L. Duke for the protester.
         Vincent A. Salgado, Esq., National Aeronautics & Space Administration, for the
         agency.
         Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Protest that an agency did not select protester's proposal for a phase I Small
         Business Innovation Research contract is denied, where the agency reasonably
         evaluated the protester's proposal and where, although the proposal was
         recommended  for award, the proposal was reasonably not as highly ranked as other
         proposals for which the agency had sufficient funding to make awards.
         DECISION

         Kolaka No 'eau, Inc. protests the rejection of its proposal by the National
         Aeronautics & Space Administration (NASA) under the agency's 2002 Small Business
         Innovation Research (SBIR)/Small Business Technology Transfer (STTR) program
         solicitation No. 2002-1.

         We  deny the protest.

         The SBIR program is designed to increase the participation of small business
         concerns in federally funded research or research and development (R&D). See
         Small Business Innovation Research Program Act of 1982, 15 U.S.C. § 638 (2000).
         Pursuant to this authority, federal agencies (such as NASA) with R&D extramural
         budgets in excess of $100 million are required to provide a program under which a
         portion of the agency's research or R&D effort is reserved for award to small
         business concerns through a three-phased process. See 15 U.S.C. § 638 (e)(4), (f).
         Under phase I, small businesses are invited to submit proposals to conduct research
         on one or more topics specified in the annual SBIR program solicitation. Under
         phase II, firms that received phase I awards may, on their own initiative, submit

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