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B-280803 1 (1998-11-19)

handle is hein.gao/gaocrptahww0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Intellectual Properties, Inc. File: B-280803 Date: November 19, 1998 John C. McIntosh and Robert G. McIntosh for the protester. William S. Zanca, Esq., Ballistic Missile Defense Organization, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest of agency's determination not to award the protester phase II funding for a project the protester proposed under the Department of Defense Small Business Innovation Research program is sustained where the agency's determination was primarily based upon the protester's lack of private sector funding for its phase II proposal, which was inconsistent with the evaluation criteria set forth in the solicitation. 2. Agency's post-award reevaluation of the protester's proposal and determination that the proposal could have been rejected for a completely different reason than originally asserted by the agency does not establish that the protester was not prejudiced by the agency's initial evaluation, which was inconsistent with the solicitation's evaluation criteria, because the reevaluation was prepared in the heat of an adversarial process and may not represent the fair and considered judgment of the agency. 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 would have been funded if BMDO had evaluated fIN's proposal in a reasonable manner consistent with the evaluation criteria set forth in the solicitation. 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

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