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B-402967 1 (2010-07-28)

handle is hein.gao/gaobadbkb0001 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: Photonics Optics Tech, Inc. File: B-402967 Date: July 28, 2010 Tien-Hsin Chao for the protester. Larry M. Anderson, Esq., Department of the Air Force, for the agency. Glenn G. Wolcott, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's challenge to agency's decision not to fund protester's proposal under phase II of a solicitation issued pursuant to the Department of Defense Small Business Innovation Research program is denied where agency's evaluation documentation reflects various weaknesses, and protester has failed to show that the agency's evaluation was unreasonable. DECISION Photonics Optics Tech, Inc., of Valencia, California, protests the Department of the Air Force's decision not to fund its Phase II proposal under the Department of Defense (DOD) Small Business Innovation Research (SBIR) program pursuant to solicitation No. FYO8.3 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 periodically issues SBIR solicitations listing the research topics for which it will consider SBIR program admission. The program has three phases: phase I, to determine the scientific, technical, and commercial merit of ideas; phase II, to perform the principal research and development effort resulting in a well-defined, deliverable prototype; and phase III, during which the small business must obtain private and public funding to develop the prototype into a viable commercial product for sale to military and/or private

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