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B-414490 1 (2017-06-22)

handle is hein.gao/gaobadtng0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has Decision been approved for public release. Matter of: Made in Space, Inc. File: B-414490 Date: June 22, 2017 Paul W. Bowen, Esq., Amy M. Conant, Esq., and Erica L. Bakies, Esq., K&L Gates LLP, for the protester. Gregory P. Olson, Esq., Law Office of Gregory P. Olson, and Robert L. Kenny, Esq., Law Office of Robert L. Kenny, for FOMS, Inc., the intervenor. Victoria H. Kauffman, Esq., and D. Evelyn Lyon, Esq., National Aeronautics and Space Administration, for the agency. Noah B. Bleicher, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester is not an interested party to challenge a Small Business Innovation Research (SBIR) phase II award where the protester did not receive an SBIR phase I award for the development of the technology at issue, and where the protester has not established that it would be in line for an award outside of the SBIR program if the protest were sustained. DECISION Made in Space, Inc. (MIS), a small business of Moffett Field, California, protests the award of an SBIR phase II contract to FOMS, Inc., of San Diego, California, by the National Aeronautics and Space Administration (NASA) under subtopic No. H14.01, International Space Station (ISS) Utilization, for the research and development of optical fiber manufacturing in space. MIS contends that the award was improper because MIS has developed a similar technology, which renders FOMS' technology insufficiently innovative to qualify as research and development under the SBIR program. We dismiss the protest. BACKGROUND The SBIR program was established under the Small Business Innovation Development Act of 1982, which is codified in section 9 of the Small Business Act. The program is

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