Made in Space, Inc.

B-414490 Jun 22, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights 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. We dismiss the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision 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 designed to increase the participation of small business concerns in federally funded research or research and development (R/R&D).  See 15 U.S.C. § 638.  Pursuant to this authority, certain federal agencies, including NASA, are required to provide a program under which a portion of the agency’s R/R&D effort is reserved for award to small businesses.  See generally id.  As part of its SBIR program, NASA periodically issues SBIR solicitations listing the research topics for which it will consider SBIR program awards.  In accordance with the Small Business Act, the NASA SBIR program has three phases.  First, firms apply for a phase I award to test the scientific, technical, and commercial merit and feasibility of a certain concept.  See 15 U.S.C. § 638(e)(4)(A).  Phase I awardees may apply for a phase II award to further develop work from phase I.[1]  During phase II, the SBIR awardee performs further research and development, often resulting in a well-defined, deliverable prototype.[2]  See 15 U.S.C. § 638(e)(4)(B).  In phase III, the small business must obtain non-SBIR private or public funding to develop the prototype into a viable commercial product for sale to government and/or private sector markets, or continue its R/R&D effort.  See 15 U.S.C. § 638(e)(4)(C); Photonics Optics Tech, Inc., B-402967, July 28, 2010, 2010 CPD ¶ 173 at 1‑2; SBIR Solicitation at Bates 6. The SBIR solicitation here, issued on November 12, 2015, listed 28 topics, including topic No. H14, ISS Demonstration and Development of Improved Exploration Technologies and Increased ISS Utilization, and subtopic No. H14.01, ISS Utilization.  SBIR Solicitation at Bates 1, 110‑12.  In broad terms, the subtopic sought SBIR proposals for the “development of highly-desirable systems and technologies that provide innovative ways to leverage existing ISS facilities for new scientific payloads and to provide on orbit analysis to enhance capabilities.”  Id. at Bates 111.  Of relevance here, one of the specific capabilities desired was “[i]nnovative technologies and flight projects that can enable significant terrestrial applications from . . . in-space manufacturing and lead to private sector and/or government agency product development within a number of discipline areas. . .