Assess whether the SBIR data-rights assertions are too aggressive (7fd3c4)

Situation

The SBIR data-rights assertions sits with protest-risk counsel's technical counterpart because a data-rights assertion the customer already rejected last year hit a contractor evaluating a modification that looks like out-of-scope work. Evidence is contract-mod scope creep log; write the Government RFP Protest and Modifications option that extract can carry.

Decision

Protest-risk counsel's technical counterpart in a contractor evaluating a modification that looks like out-of-scope work must choose Pursue / Pursue with conditions / Partner / No-bid using contract-mod scope creep log after a data-rights assertion the customer already rejected last year.

Hypotheses to test

• A data-rights assertion the customer already rejected last year is noise around an already-controlled Protest and Modifications process in a contractor evaluating a modification that looks like out-of-scope work, given contract-mod scope creep log.
• A data-rights assertion the customer already rejected last year is the event in contract-mod scope creep log that forces Pursue for protest-risk counsel's technical counterpart under Government RFP.
• Contract-mod scope creep log shows a one-file miss after a data-rights assertion the customer already rejected last year, not a Protest and Modifications program failure.
• Contract-mod scope creep log cannot decide the SBIR data-rights assertions yet after a data-rights assertion the customer already rejected last year; hold is the only Government RFP close a contractor evaluating a modification that looks like out-of-scope work can defend.

Analysis required

• Test OCI, QASP, and mandatory evaluation rights a contractor evaluating a modification that looks like out-of-scope work cannot waive quietly.
• Map Section L/M requirements in contract-mod scope creep log to evaluator notes after a data-rights assertion the customer already rejected last year.
• Compare teaming and past-performance claims to what contract-mod scope creep log attaches.
• For this Government RFP Protest and Modifications file, read contract-mod scope creep log against a data-rights assertion the customer already rejected last year and write the one fact that would move the SBIR data-rights assertions for protest-risk counsel's technical counterpart.

Recommendation