Assess whether the SBIR data-rights assertions are too aggressive (f3510c)

SITUATION Past-performance volume owner is responsible for the SBIR data-rights assertions in an incumbent defending a recompete, using thin past performance with protest-exposure memo on evaluation factors as the only working extract. A subcontracting goal the supply base cannot hit is what reset the timeline for this Government RFP Protest and Modifications file.

DECISION Past-performance volume owner in an incumbent defending a recompete with thin past performance must choose Pursue / Pursue with conditions / Partner / No-bid using protest-exposure memo on evaluation factors after a subcontracting goal the supply base cannot hit.

HYPOTHESES TO TEST 1. A subcontracting goal the supply base cannot hit is noise around an already-controlled Protest and Modifications process in an incumbent defending a recompete with thin past performance, given protest-exposure memo on evaluation factors. 2. A subcontracting goal the supply base cannot hit is the event in protest-exposure memo on evaluation factors that forces Pursue for past-performance volume owner under Government RFP. 3. Protest-exposure memo on evaluation factors shows a one-file miss after a subcontracting goal the supply base cannot hit, not a Protest and Modifications program failure. 4. Protest-exposure memo on evaluation factors cannot decide the SBIR data-rights assertions yet after a subcontracting goal the supply base cannot hit; hold is the only Government RFP close an incumbent defending a recompete with thin past performance can defend.

ANALYSIS REQUIRED 1. Score competitive posture if past-performance volume owner pursues, partners, or no-bids. 2. Test OCI, QASP, and mandatory evaluation rights an incumbent defending a recompete with thin past performance cannot waive quietly. 3. Map Section L/M requirements in protest-exposure memo on evaluation factors to evaluator notes after a subcontracting goal the supply base cannot hit. 4. For this Government RFP Protest and Modifications file, read protest-exposure memo on evaluation factors against a subcontracting goal the supply base cannot hit and write the one fact that would move the SBIR data-rights assertions for past-performance volume owner.

RECOMMENDATION Choose Pursue / Pursue with conditions / Partner / No-bid on this Government RFP / Protest and Modifications packet (protest-exposure memo on evaluation factors after a subcontracting goal the supply base cannot hit). The follow-on Protest and Modifications action is what past-performance volume owner does next: implement the option, assign an owner, and log the missing fact.

COMMAND RETURNS - Bottom-line Government RFP option on the SBIR data-rights assertions, then the evidence in protest-exposure memo on evaluation factors, then the action for past-performance volume owner - Hypothesis scorecard against protest-exposure memo on evaluation factors: supported / rejected / untestable - Missing page in protest-exposure memo on evaluation factors after a subcontracting goal the supply base cannot hit, if any - Regulatory or exam hook Protest and Modifications would cite