Assess whether the SBIR data-rights assertions are too aggressive (067e27)

Situation

Contract-mod scope creep log arrived with a teammate that cannot meet the facility-clearance requirement for protest-risk counsel's technical counterpart. That is a Government RFP Performance and Teaming decision on the SBIR data-rights assertions in an 8(a) teaming on a civilian shared-services RFP.

Decision

Protest-risk counsel's technical counterpart in an 8(a) teaming on a civilian shared-services RFP must choose Pursue / Pursue with conditions / Partner / No-bid using contract-mod scope creep log after a teammate that cannot meet the facility-clearance requirement.

Hypotheses to test

• Authorize Pursue on the SBIR data-rights assertions now if contract-mod scope creep log after a teammate that cannot meet the facility-clearance requirement already carries the Performance and Teaming discriminator for protest-risk counsel's technical counterpart.
• Keep Pursue with conditions in force until contract-mod scope creep log is completed after a teammate that cannot meet the facility-clearance requirement in an 8(a) teaming on a civilian shared-services RFP.
• Treat contract-mod scope creep log as Partner because both Pursue and Pursue with conditions appear after a teammate that cannot meet the facility-clearance requirement.
• Protest-risk counsel's technical counterpart does not have the page the SBIR data-rights assertions turns on in contract-mod scope creep log; refuse a Government RFP close.

Analysis required

• Compare teaming and past-performance claims to what contract-mod scope creep log attaches.
• Normalize pricing and exceptions against the solicitation that governs the SBIR data-rights assertions.
• Score competitive posture if protest-risk counsel's technical counterpart pursues, partners, or no-bids.
• For this Government RFP Performance and Teaming file, read contract-mod scope creep log against a teammate that cannot meet the facility-clearance requirement and write the one fact that would move the SBIR data-rights assertions for protest-risk counsel's technical counterpart.

Recommendation

Choose Pursue / Pursue with conditions / Partner / No-bid on this Government RFP / Performance and Teaming packet (contract-mod scope creep log after a teammate that cannot meet the facility-clearance requirement). The follow-on Performance and Teaming action is what protest-risk counsel's technical counterpart does next: implement the option, assign an owner, and log the missing fact.