Assess whether the SBIR data-rights assertions are too aggressive (8c619a)

SITUATION The working file is small-business subcontracting plan short of goals after a modification adding cybersecurity work not in the PWS. Protest-risk counsel's technical counterpart in a company facing a CMMC Level 2 assessment before bid has to name Pursue or Pursue with conditions 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 small-business subcontracting plan short of goals after a modification adding cybersecurity work not in the PWS.

HYPOTHESES TO TEST 1. Protest-risk counsel's technical counterpart can defend Pursue from small-business subcontracting plan short of goals after a modification adding cybersecurity work not in the PWS in a Government RFP challenge. 2. Protest-risk counsel's technical counterpart cannot defend Pursue from small-business subcontracting plan short of goals; Pursue with conditions is what the extract actually supports after a modification adding cybersecurity work not in the PWS. 3. A modification adding cybersecurity work not in the PWS never reached the population in small-business subcontracting plan short of goals — reopen intake, do not close the SBIR data-rights assertions. 4. Two facts in small-business subcontracting plan short of goals after a modification adding cybersecurity work not in the PWS conflict for protest-risk counsel's technical counterpart; hold this Capture and Pricing file.

ANALYSIS REQUIRED 1. Test OCI, QASP, and mandatory evaluation rights a company facing a CMMC Level 2 assessment before bid cannot waive quietly. 2. Map Section L/M requirements in small-business subcontracting plan short of goals to evaluator notes after a modification adding cybersecurity work not in the PWS. 3. Compare teaming and past-performance claims to what small-business subcontracting plan short of goals attaches. 4. For this Government RFP Capture and Pricing file, read small-business subcontracting plan short of goals 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 (small-business subcontracting plan short of goals after a modification adding cybersecurity work not in the PWS). Lead with the Government RFP option small-business subcontracting plan short of goals 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.