Assess whether the SBIR data-rights assertions are too aggressive (310653)

Situation

CMMC implementation lead owns the SBIR data-rights assertions inside a lab competing a Phase II SBIR with OCI mitigation plan that names the wrong affiliate as the only packet. A modification adding cybersecurity work not in the PWS is what changed the clock for this Government RFP Capture and Pricing file.

Decision

CMMC implementation lead in a lab competing a Phase II SBIR must choose Pursue / Pursue with conditions / Partner / No-bid using OCI mitigation plan that names the wrong affiliate after a modification adding cybersecurity work not in the PWS.

Hypotheses to test

• The population in OCI mitigation plan that names the wrong affiliate is the one a modification adding cybersecurity work not in the PWS named, so Pursue follows for this Capture and Pricing file.
• The population in OCI mitigation plan that names the wrong affiliate is adjacent only to a modification adding cybersecurity work not in the PWS; Pursue with conditions is the honest Government RFP call.
• A lab competing a Phase II SBIR already contained a modification adding cybersecurity work not in the PWS before OCI mitigation plan that names the wrong affiliate arrived; no new Capture and Pricing path.
• Provenance on OCI mitigation plan that names the wrong affiliate after a modification adding cybersecurity work not in the PWS is broken; do not pick Pursue or Pursue with conditions yet.

Analysis required

• Normalize pricing and exceptions against the solicitation that governs the SBIR data-rights assertions.
• Score competitive posture if CMMC implementation lead pursues, partners, or no-bids.
• Test OCI, QASP, and mandatory evaluation rights a lab competing a Phase II SBIR cannot waive quietly.
• For this Government RFP Capture and Pricing file, read OCI mitigation plan that names the wrong affiliate against a modification adding cybersecurity work not in the PWS and write the one fact that would move the SBIR data-rights assertions for CMMC implementation lead.

Recommendation

Choose Pursue / Pursue with conditions / Partner / No-bid on this Government RFP / Capture and Pricing packet (OCI mitigation plan that names the wrong affiliate after a modification adding cybersecurity work not in the PWS). Lead with the Government RFP option OCI mitigation plan that names the wrong affiliate can support after a modification adding cybersecurity work not in the PWS, then the two facts that force it, then the Monday action for CMMC implementation lead in a lab competing a Phase II SBIR.