Whether the SBIR data-rights assertions are too aggressive from SBIR Phase II

Situation

The desk packet is SBIR Phase II commercialization appendix after a debrief that contradicts the evaluation-notice scores. CMMC implementation lead in a lab competing a Phase II SBIR has to name Pursue or Pursue with conditions for this Government RFP Capture and Pricing file.

Decision

CMMC implementation lead in a lab competing a Phase II SBIR must choose Pursue / Pursue with conditions / Partner / No-bid using SBIR Phase II commercialization appendix after a debrief that contradicts the evaluation-notice scores.

Hypotheses to test

• Authorize Pursue now; SBIR Phase II commercialization appendix already has the discriminator after a debrief that contradicts the evaluation-notice scores.
• Keep Pursue with conditions in force until SBIR Phase II commercialization appendix is completed after a debrief that contradicts the evaluation-notice scores for CMMC implementation lead.
• Treat SBIR Phase II commercialization appendix as Partner because both readings appear after a debrief that contradicts the evaluation-notice scores.
• Refuse a Government RFP close: CMMC implementation lead does not have the page the SBIR data-rights assertions turns on in SBIR Phase II commercialization appendix.

Analysis required

• Test OCI, QASP, and mandatory evaluation rights a lab competing a Phase II SBIR cannot waive quietly.
• Map Section L/M requirements in SBIR Phase II commercialization appendix to evaluator notes after a debrief that contradicts the evaluation-notice scores.
• Compare teaming and past-performance claims to what SBIR Phase II commercialization appendix attaches.
• For this Government RFP Capture and Pricing file, read SBIR Phase II commercialization appendix against a debrief that contradicts the evaluation-notice scores and write the one fact that would move the SBIR data-rights assertions for CMMC implementation lead.

Recommendation

Choose Pursue / Pursue with conditions / Partner / No-bid on this Government RFP / Capture and Pricing packet (SBIR Phase II commercialization appendix after a debrief that contradicts the evaluation-notice scores). Lead with the Government RFP option SBIR Phase II commercialization appendix can support after a debrief that contradicts the evaluation-notice scores, then the two facts that force it, then the Monday action for CMMC implementation lead in a lab competing a Phase II SBIR.