Assess whether the SBIR data-rights assertions are too aggressive (7ec303)
August 31, 2026
SITUATION In a lab competing a Phase II SBIR, contract-mod scope creep log is the evidence after a 14-day proposal clock after a late amendment. Past-performance volume owner has to pick Pursue or Pursue with conditions for this Government RFP Compliance and Cyber Requirements close using contract-mod scope creep log.
DECISION Past-performance volume owner in a lab competing a Phase II SBIR must choose Pursue / Pursue with conditions / Partner / No-bid using contract-mod scope creep log after a 14-day proposal clock after a late amendment.
HYPOTHESES TO TEST 1. Authorize Pursue now; contract-mod scope creep log already has the discriminator after a 14-day proposal clock after a late amendment. 2. Keep Pursue with conditions in force until contract-mod scope creep log is completed after a 14-day proposal clock after a late amendment for past-performance volume owner. 3. Treat contract-mod scope creep log as Partner because both readings appear after a 14-day proposal clock after a late amendment. 4. Refuse a Government RFP close: past-performance volume owner does not have the decision the SBIR data-rights assertions turns on in contract-mod scope creep log.
ANALYSIS REQUIRED 1. Normalize pricing and exceptions against the solicitation that governs the SBIR data-rights assertions. 2. Score competitive posture if past-performance volume owner pursues, partners, or no-bids. 3. Test OCI, QASP, and mandatory evaluation rights a lab competing a Phase II SBIR cannot waive quietly. 4. For this Government RFP Compliance and Cyber Requirements file, read contract-mod scope creep log against a 14-day proposal clock after a late amendment 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 / Compliance and Cyber Requirements packet (contract-mod scope creep log after a 14-day proposal clock after a late amendment). Lead with the Government RFP option contract-mod scope creep log can support after a 14-day proposal clock after a late amendment, then the two facts that force it, then the Monday action for past-performance volume owner 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 contract-mod scope creep log, then the action for past-performance volume owner - Hypothesis scorecard against contract-mod scope creep log: supported / rejected / untestable - What changes the SBIR data-rights assertions if a 14-day proposal clock after a late amendment is later withdrawn - Named option among Pursue, Pursue with conditions, Partner and the fact that kills the others
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