Assess whether the SBIR data-rights assertions are too aggressive (9dd42d)

SITUATION The working file is past-performance recency and relevance scorecard after a modification adding cybersecurity work not in the PWS. Proposal compliance lead in a company facing a CMMC Level 2 assessment before bid has to name Pursue or Pursue with conditions for this Government RFP Compliance and Cyber Requirements file.

DECISION Proposal compliance lead in a company facing a CMMC Level 2 assessment before bid must choose Pursue / Pursue with conditions / Partner / No-bid using past-performance recency and relevance scorecard after a modification adding cybersecurity work not in the PWS.

HYPOTHESES TO TEST 1. Authorize Pursue now; past-performance recency and relevance scorecard already has the discriminator after a modification adding cybersecurity work not in the PWS. 2. Keep Pursue with conditions in force until past-performance recency and relevance scorecard is completed after a modification adding cybersecurity work not in the PWS for proposal compliance lead. 3. Treat past-performance recency and relevance scorecard as Partner because both readings appear after a modification adding cybersecurity work not in the PWS. 4. Refuse a Government RFP close: proposal compliance lead does not have the decision the SBIR data-rights assertions turns on in past-performance recency and relevance scorecard.

ANALYSIS REQUIRED 1. Test OCI, QASP, and mandatory evaluation rights a company facing a CMMC Level 2 assessment before bid cannot waive quietly. 2. Map Section L/M requirements in past-performance recency and relevance scorecard to evaluator notes after a modification adding cybersecurity work not in the PWS. 3. Compare teaming and past-performance claims to what past-performance recency and relevance scorecard attaches. 4. For this Government RFP Compliance and Cyber Requirements file, read past-performance recency and relevance scorecard against a modification adding cybersecurity work not in the PWS and write the one fact that would move the SBIR data-rights assertions for proposal compliance lead.

RECOMMENDATION Choose Pursue / Pursue with conditions / Partner / No-bid on this Government RFP / Compliance and Cyber Requirements packet (past-performance recency and relevance scorecard after a modification adding cybersecurity work not in the PWS). If past-performance recency and relevance scorecard cannot force a Government RFP label under Compliance and Cyber Requirements, stop. Do not invent missing evidence a company facing a CMMC Level 2 assessment before bid does not have.

COMMAND RETURNS - Bottom-line Government RFP option on the SBIR data-rights assertions, then the evidence in past-performance recency and relevance scorecard, then the action for proposal compliance lead - Hypothesis scorecard against past-performance recency and relevance scorecard: supported / rejected / untestable - Regulatory or exam hook Compliance and Cyber Requirements would cite - Compliance and Cyber Requirements finding in past-performance recency and relevance scorecard that a second reviewer can re-perform