Assess whether the SBIR data-rights assertions are too aggressive (61932a)

SITUATION In an 8(a) teaming on a civilian shared-services RFP, shall-statement compliance matrix with gaps is the evidence after a subcontracting goal the supply base cannot hit. Protest-risk counsel's technical counterpart has to pick Pursue or Pursue with conditions for this Government RFP Performance and Teaming close using shall-statement compliance matrix with gaps.

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 shall-statement compliance matrix with gaps after a subcontracting goal the supply base cannot hit.

HYPOTHESES TO TEST 1. Authorize Pursue now; shall-statement compliance matrix with gaps already has the discriminator after a subcontracting goal the supply base cannot hit. 2. Keep Pursue with conditions in force until shall-statement compliance matrix with gaps is completed after a subcontracting goal the supply base cannot hit for protest-risk counsel's technical counterpart. 3. Treat shall-statement compliance matrix with gaps 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 shall-statement compliance matrix with gaps.

ANALYSIS REQUIRED 1. Compare teaming and past-performance claims to what shall-statement compliance matrix with gaps attaches. 2. Normalize pricing and exceptions against the solicitation that governs the SBIR data-rights assertions. 3. Score competitive posture if protest-risk counsel's technical counterpart pursues, partners, or no-bids. 4. For this Government RFP Performance and Teaming file, read shall-statement compliance matrix with gaps 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 (shall-statement compliance matrix with gaps after a subcontracting goal the supply base cannot hit). If shall-statement compliance matrix with gaps cannot force a Government RFP label under Performance and Teaming, stop. If shall-statement compliance matrix with gaps after a subcontracting goal the supply base cannot hit cannot support Pursue versus Pursue with conditions on this Government RFP Performance and Teaming close, protest-risk counsel's technical counterpart must identify the Section L/M or evaluation criterion that remains unproven rather than filling the gap.