Assess whether the SBIR data-rights assertions are too aggressive (80f6f1)

Situation

Protest-exposure memo on evaluation factors arrived with a key person who just resigned for contracts officer supporting a bid. That is a Government RFP Protest and Modifications decision on the SBIR data-rights assertions in a mid-tier integrator bidding a DoD IDIQ task order.

Decision

Contracts officer supporting a bid in a mid-tier integrator bidding a DoD IDIQ task order must choose Pursue / Pursue with conditions / Partner / No-bid using protest-exposure memo on evaluation factors after a key person who just resigned.

Hypotheses to test

• The population in protest-exposure memo on evaluation factors is the one a key person who just resigned named, so Pursue follows for this Protest and Modifications file.
• The population in protest-exposure memo on evaluation factors is adjacent only to a key person who just resigned; Pursue with conditions is the honest Government RFP call.
• A mid-tier integrator bidding a DoD IDIQ task order already contained a key person who just resigned before protest-exposure memo on evaluation factors arrived; no new Protest and Modifications path.
• Provenance on protest-exposure memo on evaluation factors after a key person who just resigned is broken; do not pick Pursue or Pursue with conditions yet.

Analysis required

• Test OCI, QASP, and mandatory evaluation rights a mid-tier integrator bidding a DoD IDIQ task order cannot waive quietly.
• Map Section L/M requirements in protest-exposure memo on evaluation factors to evaluator notes after a key person who just resigned.
• Compare teaming and past-performance claims to what protest-exposure memo on evaluation factors attaches.
• For this Government RFP Protest and Modifications file, read protest-exposure memo on evaluation factors against a key person who just resigned 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 / Protest and Modifications packet (protest-exposure memo on evaluation factors after a key person who just resigned). Lead with the Government RFP option protest-exposure memo on evaluation factors can support after a key person who just resigned, then the two facts that force it, then the Monday action for contracts officer supporting a bid in a mid-tier integrator bidding a DoD IDIQ task order.