Assess whether the SBIR data-rights assertions are too aggressive (c5a12c)
August 31, 2026
SITUATION A 14-day proposal clock after a late amendment put discriminator table that still reads generic in front of contracts officer supporting a bid in an incumbent defending a recompete with thin past performance. This Government RFP / Capture and Pricing decision is the SBIR data-rights assertions from discriminator table that still reads generic, and the live options are Pursue, Pursue with conditions, Partner.
DECISION Contracts officer supporting a bid 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 14-day proposal clock after a late amendment.
HYPOTHESES TO TEST 1. Authorize Pursue now; discriminator table that still reads generic already has the discriminator after a 14-day proposal clock after a late amendment. 2. Keep Pursue with conditions in force until discriminator table that still reads generic is completed after a 14-day proposal clock after a late amendment for contracts officer supporting a bid. 3. Treat discriminator table that still reads generic as Partner because both readings appear after a 14-day proposal clock after a late amendment. 4. Refuse a Government RFP close: contracts officer supporting a bid does not have the decision the SBIR data-rights assertions turns on in discriminator table that still reads generic.
ANALYSIS REQUIRED 1. Map Section L/M requirements in discriminator table that still reads generic to evaluator notes after a 14-day proposal clock after a late amendment. 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 Capture and Pricing file, read discriminator table that still reads generic against a 14-day proposal clock after a late amendment and write the one fact that would move the SBIR data-rights assertions for contracts officer supporting a bid.
RECOMMENDATION Choose Pursue / Pursue with conditions / Partner / No-bid on this Government RFP / Capture and Pricing packet (discriminator table that still reads generic after a 14-day proposal clock after a late amendment). The follow-on Capture and Pricing action is what contracts officer supporting a bid does next: implement the option, assign an owner, and log the missing fact.
COMMAND RETURNS - Bottom-line Government RFP option on the SBIR data-rights assertions, then the evidence in discriminator table that still reads generic, then the action for contracts officer supporting a bid - Hypothesis scorecard against discriminator table that still reads generic: supported / rejected / untestable - Regulatory or exam hook Capture and Pricing would cite - Capture and Pricing finding in discriminator table that still reads generic that a second reviewer can re-perform
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