Assess whether the SBIR data-rights assertions are too aggressive (b499a3)

SITUATION A teammate that cannot meet the facility-clearance requirement put price-to-win versus independent government cost estimate in front of protest-risk counsel's technical counterpart in an 8(a) teaming on a civilian shared-services RFP. This Government RFP / Performance and Teaming decision is the SBIR data-rights assertions from price-to-win versus independent government cost estimate, and the live options are Pursue, Pursue with conditions, Partner.

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 price-to-win versus independent government cost estimate after a teammate that cannot meet the facility-clearance requirement.

HYPOTHESES TO TEST 1. Price-to-win versus independent government cost estimate reads as Pursue once a teammate that cannot meet the facility-clearance requirement is lined up to the same Government RFP population. 2. Price-to-win versus independent government cost estimate is closer to Pursue with conditions after a teammate that cannot meet the facility-clearance requirement; Pursue would over-claim this Performance and Teaming extract. 3. Partner is still live in price-to-win versus independent government cost estimate for protest-risk counsel's technical counterpart in an 8(a) teaming on a civilian shared-services RFP. 4. Price-to-win versus independent government cost estimate is missing the fact protest-risk counsel's technical counterpart needs after a teammate that cannot meet the facility-clearance requirement; stop this Government RFP close.

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 price-to-win versus independent government cost estimate to evaluator notes after a teammate that cannot meet the facility-clearance requirement. 4. For this Government RFP Performance and Teaming file, read price-to-win versus independent government cost estimate against a teammate that cannot meet the facility-clearance requirement 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 (price-to-win versus independent government cost estimate after a teammate that cannot meet the facility-clearance requirement). 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.