Assess whether the SBIR data-rights assertions are too aggressive from SBIR

SITUATION Protest-risk counsel's technical counterpart in a new prime parsing a 400-page Section L/M has one working extract — SBIR Phase II commercialization appendix — after a data-rights assertion the customer already rejected last year. If SBIR Phase II commercialization appendix cannot support the SBIR data-rights assertions, the only defensible Government RFP output is hold.

DECISION Protest-risk counsel's technical counterpart in a new prime parsing a 400-page Section L/M must choose Pursue / Pursue with conditions / Partner / No-bid using SBIR Phase II commercialization appendix after a data-rights assertion the customer already rejected last year.

HYPOTHESES TO TEST 1. Protest-risk counsel's technical counterpart can defend Pursue from SBIR Phase II commercialization appendix after a data-rights assertion the customer already rejected last year in a Government RFP challenge. 2. Protest-risk counsel's technical counterpart cannot defend Pursue from SBIR Phase II commercialization appendix; Pursue with conditions is what the extract actually supports after a data-rights assertion the customer already rejected last year. 3. A data-rights assertion the customer already rejected last year never reached the population in SBIR Phase II commercialization appendix — reopen intake, do not close the SBIR data-rights assertions. 4. Two facts in SBIR Phase II commercialization appendix after a data-rights assertion the customer already rejected last year conflict for protest-risk counsel's technical counterpart; hold this Compliance and Cyber Requirements file.

ANALYSIS REQUIRED 1. Map Section L/M requirements in SBIR Phase II commercialization appendix to evaluator notes after a data-rights assertion the customer already rejected last year. 2. Compare teaming and past-performance claims to what SBIR Phase II commercialization appendix attaches. 3. Normalize pricing and exceptions against the solicitation that governs the SBIR data-rights assertions. 4. For this Government RFP Compliance and Cyber Requirements file, read SBIR Phase II commercialization appendix against a data-rights assertion the customer already rejected last year 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 / Compliance and Cyber Requirements packet (SBIR Phase II commercialization appendix after a data-rights assertion the customer already rejected last year). The follow-on Compliance and Cyber Requirements action is what protest-risk counsel's technical counterpart does next: implement the option, assign an owner, and log the missing fact.