Assess whether the SBIR data-rights assertions are too aggressive (8984c8)

SITUATION After a subcontracting goal the supply base cannot hit, past-performance recency and relevance scorecard is what protest-risk counsel's technical counterpart can touch in an 8(a) teaming on a civilian shared-services RFP. Government RFP will live with Pursue versus Pursue with conditions on this Performance and Teaming file.

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 past-performance recency and relevance scorecard after a subcontracting goal the supply base cannot hit.

HYPOTHESES TO TEST 1. Authorize Pursue now; past-performance recency and relevance scorecard already has the discriminator after a subcontracting goal the supply base cannot hit. 2. Keep Pursue with conditions in force until past-performance recency and relevance scorecard is completed after a subcontracting goal the supply base cannot hit for protest-risk counsel's technical counterpart. 3. Treat past-performance recency and relevance scorecard as Partner because both readings appear after a subcontracting goal the supply base cannot hit. 4. Refuse a Government RFP close: protest-risk counsel's technical counterpart does not have the decision the SBIR data-rights assertions turns on in past-performance recency and relevance scorecard.

ANALYSIS REQUIRED 1. Score competitive posture if protest-risk counsel's technical counterpart pursues, partners, or no-bids. 2. Test OCI, QASP, and mandatory evaluation rights an 8(a) teaming on a civilian shared-services RFP cannot waive quietly. 3. Map Section L/M requirements in past-performance recency and relevance scorecard to evaluator notes after a subcontracting goal the supply base cannot hit. 4. For this Government RFP Performance and Teaming file, read past-performance recency and relevance scorecard against a subcontracting goal the supply base cannot hit 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 (past-performance recency and relevance scorecard after a subcontracting goal the supply base cannot hit). 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.

COMMAND RETURNS - Bottom-line Government RFP option on the SBIR data-rights assertions, then the evidence in past-performance recency and relevance scorecard, then the action for protest-risk counsel's technical counterpart - Hypothesis scorecard against past-performance recency and relevance scorecard: supported / rejected / untestable - Performance and Teaming finding in past-performance recency and relevance scorecard that a second reviewer can re-perform - Missing page in past-performance recency and relevance scorecard after a subcontracting goal the supply base cannot hit, if any