Assess whether the SBIR data-rights assertions are too aggressive (049892)

Situation

Capture and Pricing work in a mid-tier integrator bidding a DoD IDIQ task order now turns on the SBIR data-rights assertions because a subcontracting goal the supply base cannot hit put small-business subcontracting plan short of goals in play. Past-performance volume owner should say what small-business subcontracting plan short of goals proves.

Decision

Past-performance volume owner in a mid-tier integrator bidding a DoD IDIQ task order must choose Pursue / Pursue with conditions / Partner / No-bid using small-business subcontracting plan short of goals after a subcontracting goal the supply base cannot hit.

Hypotheses to test

• Past-performance volume owner can defend Pursue from small-business subcontracting plan short of goals after a subcontracting goal the supply base cannot hit in a Government RFP challenge.
• Past-performance volume owner cannot defend Pursue from small-business subcontracting plan short of goals; Pursue with conditions is what the extract actually supports after a subcontracting goal the supply base cannot hit.
• A subcontracting goal the supply base cannot hit never reached the population in small-business subcontracting plan short of goals — reopen intake, do not close the SBIR data-rights assertions.
• Two facts in small-business subcontracting plan short of goals after a subcontracting goal the supply base cannot hit conflict for past-performance volume owner; hold this Capture and Pricing file.

Analysis required

• Normalize pricing and exceptions against the solicitation that governs the SBIR data-rights assertions.
• Score competitive posture if past-performance volume owner pursues, partners, or no-bids.
• Test OCI, QASP, and mandatory evaluation rights a mid-tier integrator bidding a DoD IDIQ task order cannot waive quietly.
• For this Government RFP Capture and Pricing file, read small-business subcontracting plan short of goals against a subcontracting goal the supply base cannot hit 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 / Capture and Pricing packet (small-business subcontracting plan short of goals after a subcontracting goal the supply base cannot hit). If small-business subcontracting plan short of goals cannot force a Government RFP label under Capture and Pricing, stop. If small-business subcontracting plan short of goals after a subcontracting goal the supply base cannot hit cannot support Pursue versus Pursue with conditions on this Government RFP Capture and Pricing close, past-performance volume owner must identify the Section L/M or evaluation criterion that remains unproven rather than filling the gap.