Assess whether the SBIR data-rights assertions are too aggressive (260729)

Situation

After a task order that looks written for one vendor, protest-exposure memo on evaluation factors is what price-to-win analyst can touch in a contractor evaluating a modification that looks like out-of-scope work. Government RFP will live with Pursue versus Pursue with conditions on this Capture and Pricing file.

Decision

Price-to-win analyst in a contractor evaluating a modification that looks like out-of-scope work must choose Pursue / Pursue with conditions / Partner / No-bid using protest-exposure memo on evaluation factors after a task order that looks written for one vendor.

Hypotheses to test

• The population in protest-exposure memo on evaluation factors is the one a task order that looks written for one vendor named, so Pursue follows for this Capture and Pricing file.
• The population in protest-exposure memo on evaluation factors is adjacent only to a task order that looks written for one vendor; Pursue with conditions is the honest Government RFP call.
• A contractor evaluating a modification that looks like out-of-scope work already contained a task order that looks written for one vendor before protest-exposure memo on evaluation factors arrived; no new Capture and Pricing path.
• Provenance on protest-exposure memo on evaluation factors after a task order that looks written for one vendor is broken; do not pick Pursue or Pursue with conditions yet.

Analysis required

• Map Section L/M requirements in protest-exposure memo on evaluation factors to evaluator notes after a task order that looks written for one vendor.
• Compare teaming and past-performance claims to what protest-exposure memo on evaluation factors attaches.
• Normalize pricing and exceptions against the solicitation that governs the SBIR data-rights assertions.
• For this Government RFP Capture and Pricing file, read protest-exposure memo on evaluation factors against a task order that looks written for one vendor and write the one fact that would move the SBIR data-rights assertions for price-to-win analyst.

Recommendation

Choose Pursue / Pursue with conditions / Partner / No-bid on this Government RFP / Capture and Pricing packet (protest-exposure memo on evaluation factors after a task order that looks written for one vendor). The follow-on Capture and Pricing action is what price-to-win analyst does next: implement the option, assign an owner, and log the missing fact.