Assess whether the SBIR data-rights assertions are too aggressive (3615f3)

SITUATION In an incumbent defending a recompete with thin past performance, a data-rights assertion the customer already rejected last year put discriminator table that still reads generic in play. Capture manager should decide whether the SBIR data-rights assertions are too aggressive without filling gaps discriminator table that still reads generic does not contain.

DECISION Capture manager in an incumbent defending a recompete with thin past performance must choose Pursue / Pursue with conditions / Partner / No-bid using discriminator table that still reads generic after a data-rights assertion the customer already rejected last year.

HYPOTHESES TO TEST 1. A data-rights assertion the customer already rejected last year is noise around an already-controlled Performance and Teaming process in an incumbent defending a recompete with thin past performance, given discriminator table that still reads generic. 2. A data-rights assertion the customer already rejected last year is the event in discriminator table that still reads generic that forces Pursue for capture manager under Government RFP. 3. Discriminator table that still reads generic shows a one-file miss after a data-rights assertion the customer already rejected last year, not a Performance and Teaming program failure. 4. Discriminator table that still reads generic 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 an incumbent defending a recompete with thin past performance can defend.

ANALYSIS REQUIRED 1. Map Section L/M requirements in discriminator table that still reads generic to evaluator notes after a data-rights assertion the customer already rejected last year. 2. Compare teaming and past-performance claims to what discriminator table that still reads generic attaches. 3. Normalize pricing and exceptions against the solicitation that governs the SBIR data-rights assertions. 4. For this Government RFP Performance and Teaming file, read discriminator table that still reads generic 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 capture manager.

RECOMMENDATION Choose Pursue / Pursue with conditions / Partner / No-bid on this Government RFP / Performance and Teaming packet (discriminator table that still reads generic after a data-rights assertion the customer already rejected last year). Lead with the Government RFP option discriminator table that still reads generic can support after a data-rights assertion the customer already rejected last year, then the two facts that force it, then the Monday action for capture manager in an incumbent defending a recompete with thin past performance.