Assess whether the SBIR data-rights assertions are too aggressive (33eefc)

Situation

Protest-risk counsel's technical counterpart owns the SBIR data-rights assertions inside a company facing a CMMC Level 2 assessment before bid with contract-mod scope creep log as the only packet. A modification adding cybersecurity work not in the PWS is what changed the clock for this Government RFP Capture and Pricing file.

Decision

Protest-risk counsel's technical counterpart in a company facing a CMMC Level 2 assessment before bid must choose Pursue / Pursue with conditions / Partner / No-bid using contract-mod scope creep log after a modification adding cybersecurity work not in the PWS.

Hypotheses to test

• Authorize Pursue now; contract-mod scope creep log already has the discriminator after a modification adding cybersecurity work not in the PWS.
• Keep Pursue with conditions in force until contract-mod scope creep log is completed after a modification adding cybersecurity work not in the PWS for protest-risk counsel's technical counterpart.
• Treat contract-mod scope creep log as Partner because both readings appear after a modification adding cybersecurity work not in the PWS.
• Refuse a Government RFP close: protest-risk counsel's technical counterpart does not have the page the SBIR data-rights assertions turns on in contract-mod scope creep log.

Analysis required

• Test OCI, QASP, and mandatory evaluation rights a company facing a CMMC Level 2 assessment before bid cannot waive quietly.
• Map Section L/M requirements in contract-mod scope creep log to evaluator notes after a modification adding cybersecurity work not in the PWS.
• Compare teaming and past-performance claims to what contract-mod scope creep log attaches.
• For this Government RFP Capture and Pricing file, read contract-mod scope creep log against a modification adding cybersecurity work not in the PWS 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 / Capture and Pricing packet (contract-mod scope creep log after a modification adding cybersecurity work not in the PWS). Lead with the Government RFP option contract-mod scope creep log can support after a modification adding cybersecurity work not in the PWS, then the two facts that force it, then the Monday action for protest-risk counsel's technical counterpart in a company facing a CMMC Level 2 assessment before bid.