Assess whether the SBIR data-rights assertions are too aggressive (137796)

Situation

A company facing a CMMC Level 2 assessment before bid cannot treat an OCI letter naming an affiliate you forgot to firewall as color commentary on SBIR Phase II commercialization appendix. Price-to-win analyst must close the SBIR data-rights assertions from that extract under Government RFP / Protest and Modifications.

Decision

Price-to-win analyst in a company facing a CMMC Level 2 assessment before bid must choose Pursue / Pursue with conditions / Partner / No-bid using SBIR Phase II commercialization appendix after an OCI letter naming an affiliate you forgot to firewall.

Hypotheses to test

• The population in SBIR Phase II commercialization appendix is the one an OCI letter naming an affiliate you forgot to firewall named, so Pursue follows for this Protest and Modifications file.
• The population in SBIR Phase II commercialization appendix is adjacent only to an OCI letter naming an affiliate you forgot to firewall; Pursue with conditions is the honest Government RFP call.
• A company facing a CMMC Level 2 assessment before bid already contained an OCI letter naming an affiliate you forgot to firewall before SBIR Phase II commercialization appendix arrived; no new Protest and Modifications path.
• Provenance on SBIR Phase II commercialization appendix after an OCI letter naming an affiliate you forgot to firewall is broken; do not pick Pursue or Pursue with conditions yet.

Analysis required

• Map Section L/M requirements in SBIR Phase II commercialization appendix to evaluator notes after an OCI letter naming an affiliate you forgot to firewall.
• Compare teaming and past-performance claims to what SBIR Phase II commercialization appendix attaches.
• Normalize pricing and exceptions against the solicitation that governs the SBIR data-rights assertions.
• For this Government RFP Protest and Modifications file, read SBIR Phase II commercialization appendix against an OCI letter naming an affiliate you forgot to firewall and write the one fact that would move the SBIR data-rights assertions for price-to-win analyst.

Recommendation

Choose Pursue / Pursue with conditions / Partner / No-bid on this Government RFP / Protest and Modifications packet (SBIR Phase II commercialization appendix after an OCI letter naming an affiliate you forgot to firewall). The follow-on Protest and Modifications action is what price-to-win analyst does next: implement the option, assign an owner, and log the missing fact.