Assess whether the SBIR data-rights assertions are too aggressive (b5b336)
August 31, 2026
SITUATION A lab competing a Phase II SBIR cannot treat a government estimate that is 30% below your floor as incidental context on discriminator table that still reads generic. Contracts officer supporting a bid must close the SBIR data-rights assertions from that extract under Government RFP / Performance and Teaming.
DECISION Contracts officer supporting a bid in a lab competing a Phase II SBIR must choose Pursue / Pursue with conditions / Partner / No-bid using discriminator table that still reads generic after a government estimate that is 30% below your floor.
HYPOTHESES TO TEST 1. A government estimate that is 30% below your floor is noise around an already-controlled Performance and Teaming process in a lab competing a Phase II SBIR, given discriminator table that still reads generic. 2. A government estimate that is 30% below your floor is the event in discriminator table that still reads generic that forces Pursue for contracts officer supporting a bid under Government RFP. 3. Discriminator table that still reads generic shows a one-file miss after a government estimate that is 30% below your floor, not a Performance and Teaming program failure. 4. Discriminator table that still reads generic cannot decide the SBIR data-rights assertions yet after a government estimate that is 30% below your floor; hold is the only Government RFP close a lab competing a Phase II SBIR can defend.
ANALYSIS REQUIRED 1. Test OCI, QASP, and mandatory evaluation rights a lab competing a Phase II SBIR cannot waive quietly. 2. Map Section L/M requirements in discriminator table that still reads generic to evaluator notes after a government estimate that is 30% below your floor. 3. Compare teaming and past-performance claims to what discriminator table that still reads generic attaches. 4. For this Government RFP Performance and Teaming file, read discriminator table that still reads generic against a government estimate that is 30% below your floor and write the one fact that would move the SBIR data-rights assertions for contracts officer supporting a bid.
RECOMMENDATION Choose Pursue / Pursue with conditions / Partner / No-bid on this Government RFP / Performance and Teaming packet (discriminator table that still reads generic after a government estimate that is 30% below your floor). Lead with the Government RFP option discriminator table that still reads generic can support after a government estimate that is 30% below your floor, then the two facts that force it, then the Monday action for contracts officer supporting a bid in a lab competing a Phase II SBIR.
COMMAND RETURNS - Bottom-line Government RFP option on the SBIR data-rights assertions, then the evidence in discriminator table that still reads generic, then the action for contracts officer supporting a bid - Hypothesis scorecard against discriminator table that still reads generic: supported / rejected / untestable - What changes the SBIR data-rights assertions if a government estimate that is 30% below your floor is later withdrawn - Named option among Pursue, Pursue with conditions, Partner and the fact that kills the others
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