Patent Application Drafting Support Services
Department of the Army, Army Contracting Command | Published April 29, 2016 - Deadline May 17, 2016
(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
The objective of this potential contract is to obtain patent drafting application support services, including the preparation of non-classified U.S. and Patent Cooperation Treaty (PCT) patents, formal drawings, prior art, patentability researches, and patent prosecution. The required patent application support services are for inventions created by inventors at U.S. Army Research and Development Command (RDECOM), Adelphi, MD and its subordinate organizations at Aberdeen Proving Ground (APG), MD and White Sands Missile Range, NM. The patent disclosures over the life of the five (5) year period of performance will cover up to three (3) technical areas: Chemical Engineering, Electrical Engineering and Mechanical Engineering. The Contractor is responsible for providing the technical expertise for completing a final patent application for each invention disclosure. It is the Government's intention to award a five (5) year commercial, firm fixed price (FFP) multiple award (MA) indefinite delivery, indefinite quantity (IDIQ) type contract with task orders, that will be 100% set-aside for small businesses under the NAICS 541110 ($11.0 million dollars standard). The Government's intention is to award to multiple Contractors who can best meet the requirements of this solicitation. Offerors are strongly encouraged to carefully review clause FAR 52.212-1 and the Addendum to FAR 52.212-1 material so that a proposal may be properly prepared in response to this Request for Proposal (RFP). Moreover, offerors should carefully study the evaluation criteria contained in FAR 52.212-2 of this solicitation, so that the evaluation scheme to be employed upon receipt of proposals by the Government is thoroughly understood as well.
This RFP includes BOTH a basic Performance Work Statement (PWS) for all possible types of requirements and an opportunity for offerors to respond to individual task order PWSs, to include three (3) sanitized invention disclosures (both attached). After the initial base award(s) are consummated, and upon additional needs for task orders being identified by the Government, the awardees shall provide a Non-Disclosure Agreement (NDA) form for all employees who work on this contract, to include subcontractors. The awardees shall contact the Contracting Officer's Representative (COR) upon contract award to obtain the form and provide the completed and signed NDA to the COR within three (3) days of receipt. The solicitation consists of a basic PWS and three (3) task order PWSs, with sanitized invention disclosures (attached). The offerors are to assume that all three (3) initial task orders will be issued simultaneously. Offerors may provide an offer for one (1) or all of the task orders, however, offerors will only be considered for a task order award in the technical area against which a task order quote has been submitted. Each awardee is guaranteed to receive orders totaling $3,500.00. All Contractor/Subcontractor personnel performing under this contract working at ARL shall be required to be United States citizens.
(ii) The solicitation number is W911QX-16-T-0034. This acquisition is issued as an Request for Proposal (RFP).
(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-87.
(iv) This acquisition is 100% set-aside for small businesses. The associated NAICS code is 541110. The small business size standard is $11.0M.
(v) The following is a list of contract line item number(s) and items, quantities and units of measure, (including option(s), if applicable):
CLIN 0001: Patent Application Drafting Support Services (Firm Fixed Price (FFP) CLIN) The Contractor shall perform patent application drafting support services, in accordance with the Performance Work Statement (PWS). Quantity (QTY) 1 JOB
CLIN 0002: Contractor Manpower Reporting (CMR)Cost for Providing Accounting for Contract Services - ACC-APG 5152.237-4900, Accounting for Contract Services Requirement, is included herein; the contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract, in accordance with clause ACC-APG 5152.237-4900, located in Section C. Instructions, including the Contractor and Subcontractor User Guides, are available at the CMRA (Contractor Manpower Reporting Application) website at: https://cmra.army.mil. For further assistance, email the CMRA Help Desk at email@example.com. QTY 1 JOB (This CLIN is not separately priced).
CLIN 0003: DataThe Contractor shall furnish the data in accordance with the DD1423 Contract Data List Requirements (CDRLs). QTY 1 JOB (This CLIN is not separately priced).
(vi) Description of requirements:
Basic Performance Work Statement (PWS)Patent Drafting Application Support ServicesArmy Research Laboratory (ARL), Adelphi, MD
C.1.1 Objective. The objective of this effort is to obtain patent drafting application related services including the preparation of unclassified U.S. and Patent Cooperation Treaty (PCT) patent applications, formal drawings, prior art, patentability researches, and patent prosecution. The patent related services are for inventions created by inventors working for U.S. Army Research and Development Command (RDECOM), and its subordinate organization, the U.S. Army Research Laboratory located at the Adelphi Laboratory Center, Adelphi, MD, Aberdeen Proving Ground (Edgewood Area), MD, and White Sands Missile Range, NM.
C.1.2 Diverse Technologies. RDECOM and subordinate installations work with these diverse technologies: (1) Directed Energy and Power Generation (i.e. batteries/fuel cells/ power switching/converter/inverter); (2) Radar Frequency and Electronics (i.e. micro-electro mechanical systems/radio frequency (RF) electronics/ millimeter wave); (3) Signal and Image Processing; (4) Electro-Optics and Photonics; (5) Ballistics, Weapons and Armor; (6) Electronic Warfare; (7) Organic and inorganic chemical compounds and electroluminescent devices; (8) Materials technology including polymers and ceramics; and (9) Nanotechnology.
C.1.3 Technical Areas. In light of these mission requirements, the Government is seeking patent services in the following scientific disciplines: Mechanical, Chemical and Electrical Engineering all of which are pursuant to the Federal Technology Transfer Act (FTTA), where RDECOM has a significant program in patenting and licensing inventions with commercial potential.
C.1.4 General. The effort shall include performing prior art searches, preparing draft and final patent applications and all associated documentation including preparing responses to the U.S. Patent & Trademark Office (USPTO) examiner actions for Government filing.
C.2 APPLICABLE DOCUMENTS
C.2.1 The Contractor shall utilize and be in compliance with the following documents in the overall contract work effort: Title 35, United States Code (U.S.C.), Title 37 Code of Federal Regulations (CFR), and any other applicable laws and legal authorities including the U.S. Patent & Trademark Office Manuel of Patent Examining Procedures.
C.3 REQUIREMENTS AND SPECIFICATIONS The following paragraphs outline the efforts for accomplishing the scope as stated in C.1. Under this contract, the Government may issue task orders for the efforts provided below.
C.3.1 Draft Patent Application. The Contractor shall prepare and complete a draft unclassified, non-provisional patent application based upon the invention disclosure provided as Government Furnished Information upon task award. The draft application shall include the specification, the claims, the abstract, information disclosure statement (IDS) and drawings and shall be written in accordance with C.2.1.
C.3.1.1 Specification. The Contractor shall provide a completed specification to include the following: Title, Cross Reference to Related Applications, Government Interest, Field of the Invention, Background of the Invention, Summary of the Invention, Brief description of the Invention, and Detailed Description of the Invention.
C.3.1.2 Invention Format. The Contractor shall ensure that the title shall appear as the heading on the first page of the invention. The Contractor shall use up to 500 characters; the title should be short and concise.
C.3.1.3 Cross-Reference to Related Applications. The Contractor shall ensure any non-provisional application claiming the benefit of one (1) or more prior filed co-pending non-provisional applications must contain in the first sentence of the specification following the title, a reference to each prior application. The Contractor shall ensure all Cross-references to other related patent applications are included in the application.C.3.1.4 Government Interest. The Contractor shall ensure that the Government Interest paragraph shall state the following: "Governmental Interest - The invention described herein may be manufactured, used and licensed by or for the U.S. Government."
C.3.1.5 Field of the Invention. The Contractor shall ensure that there is a short statement of the field of endeavor to which the invention pertains. The Contractor shall ensure the section includes paraphrasing of the applicable U.S. patent Classification Definitions or the subject matter of the claimed invention.
C.3.1.6 Background of the Invention. The Contractor shall ensure that the application contains a description of the information including references to specific documents related to the invention.
C.3.1.7 Brief Summary of the Invention. The Contractor shall provide the substance of the claim invention in summary form. The Contractor shall ensure the summary states the object of the invention and articulates advantages of the inventions.
C.3.1.8 Brief Description of the Drawings. The Contractor shall provide a written description of the drawings, a listing of all figures by numbers and corresponding statements explaining what each figure depicts.
C.3.1.9 Detailed Description of the Invention. The Contractor shall provide a detailed description of making and using the invention. The Contractor shall ensure that the description is in full, clear, concise, and exact terms. The Contractor shall ensure any references used shall be cited in this section.
C.3.1.10 Specification Format. The Contractor shall ensure the specification is typed double-spaced, on paper meeting the requirements of 37 CFR 1.52; which shall be on 8 1/2 x 11 inch size paper or approximately 21.6 centimeters (cm) x 27.9 (cm) and having a ruled left margin of at least 2.5 cm (1 inch). The top of each page of the application including claims must have a margin of 2.5 cm and a right and bottom margin of at least 2.0 cm (.75 inch). The pages of the entire draft application shall be numbered consecutively, starting with one (1) on the first page, the numbers being centrally located below the text. Every fifth line of each page of the specification shall be numbered, the numbering to start anew on each page, and no page shall contain more than thirty lines. Paragraph numbers shall be placed at the left margin beginning with  (in bold print) followed by at least four (4) spaces and shall be sequential to the end of the Specification.
C.3.1.11 Specification Docket Format. The Contractor shall ensure the RDECOM Docket Number is placed in the upper right hand corner of each page of the Specification as specified in the awarded Task Order.
C.3.2 Claims. The Contractor shall ensure all claims are identified and "particularly point out and distinctly state the subject matter of the invention; the claim defines the scope of the invention", in accordance with the United States Patent and Trademark Office (USPTO) requirements. The Contractor shall ensure that all claims cover a range of inventions including the broadest specification coverage of an independent claim permitted in view of the available prior art to the narrowest specification coverage of an independent claim to ensure all patentable aspects of the invention are protected. The Contractor shall explain its proposed Claim strategy and discuss proposed Claim scope in view of the inventor's disclosure to ensure US Patent acceptability. The Contractor shall not use multiple dependent claims unless authorized by the Contracting Officer's Representative (COR). The Contractor shall ensure each claim beginning with the number "5" on the fifth line shall have line numbers placed in the left margin every five (5) lines within each Claim and shall be a single sentence.
C.3.3 Information Disclosure Statement (IDS). The Contractor shall ensure relevant art provided by the COR, the inventor, or otherwise known to the Contractor shall be identified by the IDS. The Contractor shall prepare an information disclosure statement in compliance with 37 CFR 1.97 and 1.98.
C.3.4 Patent Drawings. The Contractor shall provide one (1) set of formal drawings to include the following:
C.3.4.1 The drawings shall be prepared on 8.5 inch by 11 inch paper in compliance with the requirements set forth in 37 CFR 1.84; The Contractor shall ensure the COR provided RDECOM docket number is placed on the drawing in accordance with 37 CFR 1.84. The Contractor shall provide Formal Drawings upon final COR acceptance of the draft application. The Contractor may complete the Drawings by sub-contractual efforts without obtaining prior written approval from the COR.C.3.4.2 The Contractor shall include a key to the numbering of the Drawings by reference number and item name to be provided to the COR in a separate attachment accompanying any draft patent application(s) that contains at least one Drawing.
C.3.5 Interview with Inventor. The Contractor shall interview the inventor via phone or in person to confirm information in the invention disclosure is up to date and/or obtain additional technical information in the preparation of the draft patent application. The Contractor shall update the draft application to include all findings disclosed during the interview with the inventor. The Contractor shall submit in writing all in-person interviews for COR approval. Upon approval, the COR will arrange for personal interviews of the inventor on unclassified draft patent applications within two (2) working days and no later than ten (10) days after request. The Contractor shall obtain written approval by the COR prior to processing any new material/drawings added by the inventor during the application process which materially exceeds the original scope of the task that would result in increased cost to the Government. The Contractor will not be reimbursed by the Government for expanded work not specifically authorized by a Contracting Officer (KO).
C.3.6 Submission of Draft Application to COR. The Contractor shall notify the COR of the status of the draft application no later than 25 calendar days after date of task order award. The Contractor shall deliver the draft application documents in C.3.1, C3.2, C3.3 and C3.4 to the COR within 45 calendar days after date of task order award. The COR will review the draft for technical accuracy and provide any required changes and/or corrections no later than 30 calendar days after receipt of the draft.
C.3.7 Final Draft Patent Application. The Contractor, upon receipt of the COR reviewed and approved draft application, shall complete all corrections and concerns as identified for a proposed Final Draft. The proposed Final Draft of the patent application shall be submitted to the COR in accordance with the task order from the COR. The Final Draft shall be in compliance with C.2.1 and submitted in hard copies to include two (2) copies on electronic media as either 3.5 inch diskettes or computer disks read only memory as appropriate for the size of the file, electronic mail submissions also acceptable. The electronic media shall contain the Specification in Microsoft Word® software format and the Drawings in Portable Document Format (PDF) format.
C.3.8 Patent Prosecution (USPTO Office Actions). The Contractor shall provide draft responses to USPTO Office Actions as provided by the COR as required under 35 U.S.C., 37 CFR, and the Manual of Patent Examining Procedures. The Contractor shall address each and every Rejection and Objection noted by the Patent Examiner and comment on the applicability or inapplicability of any cases cited by the USPTO Patent Examiner. The Contractor shall also identify and address all issues associated with file wrapper estoppel. The contractor shall ensure that all case citations for domestic patent prosecution shall cite U.S. Court of Appeals for the Federal Circuit and theUSPTO Board of Patent Appeals and Interferences and other sources. The Contractor shall submit draft responses to the COR. The COR shall review and provide approval or comments to the response. The Contractor shall make all corrections and comments as cited by the COR. The Contractor shall submit the final responses to the COR, in accordance with C.4.3.
C.4.1 Status and Delivery of Draft Application. The Contractor shall notify the COR of the status of the draft application no later than 25 calendar days after date of task order award. The Contractor shall deliver the draft application documents in C.3.1, C3.2, C3.3 and C3.4 to the COR within 45 calendar days after date of task order award. The COR will review the draft for technical accuracy and provide any required changes and/or corrections no later than 30 calendar days after receipt of the draft.
C.4.2 Delivery of the Final Application Original and Copies. The Contractor shall make the final corrections to the application as provided in C.4.1, to include any applicable drawings, both in hard copy form and on specified computer readable media in Microsoft Word compatible software format. The Contractor shall prepare copies equal to the number of inventors of each document (specification, claims and drawings) and furnish them to the COR upon completion. The Contractor shall furnish the patent application specification and claims in Word format and drawings in PDF format to the COR. The Contractor shall ensure that other applicable documents are furnished inWord or USPTO form fillable format, as specified in the individual task order PWS.
C.4.3 Patent Prosecution for USPTO. The Contractor shall prepare responses to the Office Actions 15 days from the task order award, using the format specified in C.2.1 and furnish them to the COR upon completion for review. The Contractor shall furnish the draft responses in Word format to the COR. The Contractor shall ensure that other applicable documents are furnished in Word as specified in the individual task order PWS.
C.4.4 Mailing Address. The mailing address for all correspondence will be Office of Chief Counsel, U.S. Army Research Laboratory, 2800 Powder Mill Road, ATTN: RDRL-LOC-I, Adelphi, MD 20783-1197, unless the COR otherwise notifies the Contractor .
C.4.5 Acceptance of Work Product. The Contractor shall identify the preparer of the work and shall indicate whether that person is an associate attorney/patent agent/scientific or technical advisor, senior associate or partner. If a work product is found to be unacceptable by the COR by virtue of not conforming to the standards defined in this section, Title 37 CFR, Title 35 U.S.C. and this PWS, it will be returned to the Contractor and corrected without any additional cost to the Government. The Contractor agrees that COR may communicate directly with the preparer concerning questions about the preparation of a specific deliverable such as a draft patent application or draft response to an Office Action.
C.5 GENERAL PROVISIONS
C.5.1 Required Patent Work Experience. The preparer of the work must have at least three (3) years of experience preparing patent applications on highly complex technologies.
C.5.2 Patent Certification. The person responsible for the patent work must be a patent attorney or patent agent registered to practice before USPTO.
C.5.3 Subcontractors. The Contractor shall not enter into a subcontract for performance of services under this Contract except with the prior written approval of the Contracting Officer. However, prior written approval is not needed for Patent Application Drawings which may be accomplished by sub-contractual efforts as specified in C.3.4.1.
C.5.4 Citizenship Requirements. All Contractor employees must be United States citizens. Cases of dual, or multiple, citizenships may be disqualifying and will be reviewed by Army Research Laboratory (ARL) security personnel for determination
C.5.5 Non-Disclosure Statement. The Contractor shall provide a non-disclosure statement for all employees who work on this contract to include subcontractors. The Contractor shall contact the COR upon contract task award to obtain the form. The Contractor shall provide the completed and signed form back to the COR within three (3) days of receipt.
C.5.6 Organizational Conflict of Interest. The term "organizational conflict of interest" means that the Contractor (which term hereinafter is deemed to include its chief executives, directors, any consultants, or subcontractors utilized under this contract other than a vendor selling incidental material) has interests which (i) may diminish its capacity to give impartial, technically sound, objective assistance and advice in performing this contract, (ii) may otherwise result in a biased work product under this contract, or (iii) may result in an unfair competitive advantage to itself or others.
The Contractor's attention is directed to FAR Subpart 9.5, Organizational Conflicts of Interest. In the execution of certain contract tasks, it is anticipated that assigned Contractor personnel will require access to confidential or proprietary business, technical and financial information belonging to the Government or other companies. The information may include but is not limited to pre-decisional budget and acquisition sensitive information, preparation of specifications or work statements, and evaluation services. After receipt thereof, the Contractor and affected individuals shall treat such information as confidential and agree not to appropriate such information to its own use or to disclose such information to third parties unless specifically authorized by the contracting officer in writing. The foregoing obligations, however, shall not apply to:
(a) Information, which at the time of receipt by the Contractor, is in the public domain;
(b) Information, which is published after receipt thereof by the Contractor or otherwise becomes part of the public domain through no fault of the Contractor;
(c) Information, which the Contractor can demonstrate was in his possession at the time of receipt thereof and was not acquired directly or indirectly from the Government or other companies;
(d) Information, which the Contractor can demonstrate, was received by it from a third party that did not require the Contractor to hold it in confidence.
The Contractor shall obtain written agreement, in a form satisfactory to the contracting officer, of each employee permitted access, whereby the employee agrees that he will not discuss, divulge or disclose any such information or data to any person or entity except those persons within the Contractor's organization directly concerned with the performance of the contract.
The Contractor agrees, if requested by the Government, to sign an agreement identical, in all material respects, to the provisions of this clause, with each company supplying information to the Contractor under this contract, and to supply a copy of such agreement to the Contracting Officer. Upon request of the Contracting Officer, the Contractor shall supply the Government with reports itemizing information received as confidential, proprietary, pre-decisional budget information, or acquisition sensitive information, and setting forth the company or companies from which the Contractor received such information. The Contractor agrees that upon request by the Contracting Officer it will execute a Contracting Officer approved agreement with any party whose facilities or proprietary data it is given access to or is furnished, restricting use and disclosure of the data or the information obtained from the facilities. Upon request by the contracting officer, Contractor personnel shall also sign such an agreement.
If after award, the Contractor discovers an organizational conflict of interest, with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer. The disclosure shall include identification of the conflict, the manner in which it arose, and a description of the action the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the contract.
In the event that the Contractor was aware of an organizational conflict of interest prior to award of this contract and did not disclose the conflict to the Contracting Officer or becomes aware of an organizational conflict of interest after award of this contract and does not disclose the conflict of interest within ten (10) working days of becoming aware of such conflict, the Government may terminate the contract and the Contractor shall not be entitled to reimbursement of any cost incurred in performing this contract or payment of any fee there under. Further, such costs shall not be allocable or chargeable, directly or indirectly, to any other contract with the Government.
The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies of the Government provided by law or under this contract.
The Contractor agrees that during performance of the contract and for a period of three (3) years after the completion of performance of this contract, the Contractor, including all divisions thereof, and any affiliate of the Contractor, any joint venture involving the Contractor, any entity into or with which it may subsequently merge or affiliate, or any other successor or assign of the Contractor, shall not:
(a) Supply information or material received from this contract, to any firm participating in or having a known prospective interest in the subject matter areas for which the sensitive information described in paragraph 1 above was initially submitted, nor enter into any contractual relationship which would affect or appear to affect the equity and integrity of its recommendations.
(b) Furnish to the United States Government, either as a prime Contractor or as a subcontractor, any component of any system for which the sensitive information described in paragraph 1 above was initially submitted, that it is not currently obligated to deliver for defense purposes.
This provision shall flow down to all subcontracts and teaming agreements.
C.6 DISTRIBUTION STATEMENT
C.6.1 Distribution Statement A. Approved for public release; distribution unlimited.
(vii) The anticipated Period of Performance (POP) is five (5) years. Inspection and acceptance shall be performed at Army Research Laboratory (ARL) in Adelphi, MD 20783.
(viii) The provision at 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. The following addenda have been attached to this provision: Addendum to FAR 52.212-1 INSTRUCTIONS FOR QUOTE PREPARATION (GENERAL AND INDIVIDUAL TASK ORDERS)
ADDENDUM TO FAR 52.212-1 INSTRUCTIONS FOR QUOTE PREPARATION (GENERAL AND INDIVIDUAL TASK ORDERS)
Offerors shall submit their General Technical Quotes separately from their Specific Technical Task Order quote.
A. GENERAL TECHNICAL QUOTE SUBMISSION MATERIALS
1. For technical input, the offeror shall include:
a. At least one (1) example of a US Patent Office issued Patent as submitted by Patent Attorneys or Patent Agents currently employed and proposed on instant Task Orders that meets any of the technical areas in accordance with the PWS C.1.3.
b. Patent Certification - Patent attorneys or Patent agents that are registered to practice before the US Patent & Trademark Office.
c. Resumes for Patent attorneys or Patent agents having at least, individually, three (3) years of experience preparing patent applications on highly complex technologies.
2. For past performance input, the offerors shall include:
a. A list of patents that have been issued by the U.S. Patent Office over the last five (5) years to include the patent number, patent title, technical area (as cited in PWS).
b. A list of at least three (3) references of customers within the last three (3) years that have received patent application services to include the POC name, telephone and email address.
B. SPECIFIC TECHNICAL TASK ORDER SUBMISSION MATERIALS
a. Technical quote for each individual task that includes the following:
1. An understanding of the problem to include the Offeror's knowledge of the disciplines involved in the task
2. Proposed technical approach/plan to meet the objectives of the individual tasks
3. Resources and schedule to accomplish the offeror's proposed approach in the individual tasks.
b. An individual price for completion of each Task Order quote.
C. SUBMISSION OF GENERAL AND SPECIFIC TECHNICAL TASK ORDER MATERIALS
The Contractor shall submit one (1) copy of the General and Specific Technical Task Order materials to Bryan Hoffman and Rebecca Patterson by email. Electronic file submission in PDF or Microsoft Office 2003 (ex. Word, Excel) is preferable. Please submit to:
Rebecca Patterson, Contract Specialist: Phone:(301) 394-5351, firstname.lastname@example.orgBryan Hoffman, Contract Specialist: Phone:(301) 394-3060, email@example.com
Army Contracting Command-Aberdeen Proving Ground (ACC-APG) - Adelphi, ATTN: Bryan Hoffman and Rebecca Patterson, 2800 Powder Mill Road, Adelphi, MD 20783-1197
(ix) The provision at FAR 52.212-2, Evaluation - Commercial Items is applicable to this acquisition. The specific evaluation criteria to be included in paragraph (a) of that provision are as follows:
Evaluation Criteria(Lowest Price Technically Acceptable)
The Government will award a multiple award (MA) indefinite delivery, indefinite quantity (IDIQ) contract resulting from this solicitation to the responsible offerors whose offers conform to the requirements in the solicitation base Performance Work Statement (PWS) and individual task PWS, and has the lowest evaluated price of all offers meeting or exceeding the acceptability standards for non-cost factors, which includes receiving an Acceptable rating in General Technical, Past Performance, Individual Task Technical, and Price. A rating of ACCEPTABLE will be given to any offeror whom the Government determines will have a high likelihood of performing the contract requirements. A rating of UNACCEPTABLE will be given to any offeror whom the Government determines will have a low likelihood of performing the contract requirements. An acceptable submission shall demonstrate an Acceptable rating in all the following factors and sub-factors for base PWS and each individual task PWS:
ACCEPTABLE 1) General Technical Evaluation Criteria
Patent Applications:• At least one (1) example of Mechanical Engineering USPTO Patent Issued.• At least one (1) example of Chemical Engineering USPTO Patent Issued.• At least one (1) example of Electrical Engineering USPTO Patent Issued.
Certification, Experience and Education of the Offeror:• Included evidence of USPTO Patent Certification and resume.• Included at least three (3) years of experience preparing patent applications on highly complex technologies, with evidence of published patent applications.
Past Performance:• Included a list of Patents that have been issued by the U.S. Patent Office over the last five (5) years to include the patent number, patent title, technical area (as cited in PWS).• Included a list of at least three (3) references of customers within the last three (3) years that have received Patent application services to include the point of contact (POC) name, telephone, and email address.
ACCEPTABLE 2) Individual Task Evaluation Criteria
2a)Technical Quote for Individual Task #1:• Understands the problem and to includes the offeror's knowledge of the disciplines involved in the task.• Adequately meets the objectives of the individual tasks of the proposed technical approach/plan.• Reasonably estimated resources and schedule to accomplish the offeror's proposed approach in the individual tasks.
Price/rates for Individual Task #1:• Offeror's proposed price/rates are reasonable.
2b)Technical Quote for Individual Task #2:• Understands the problem and to includes the offeror's knowledge of the disciplines involved in the task.• Adequately meets the objectives of the individual tasks of the proposed technical approach/plan.• Reasonably estimated resources and schedule to accomplish the offeror's proposed approach in the individual tasks.
Price/rates for Individual Task #2:• Offeror's proposed price/rates are reasonable.
2c)Technical Quote for Individual Task #3:• Understands the problem and to includes the offeror's knowledge of the disciplines involved in the task.• Adequately meets the objectives of the individual tasks of the proposed technical approach/plan.• Reasonably estimated resources and schedule to accomplish the offeror's proposed approach in the individual tasks.
Price/rates for Individual Task #3:• Offeror's proposed price/rates are reasonable.
The technical acceptability element of the evaluation will be a determination as to whether the proposed service meets the performance requirements in the solicitation and individual task orders. The Technical element of the evaluation shall be based solely on information furnished by the vendor. The Government is not responsible for locating or securing any information, which is not identified in the proposal. To ensure sufficient information is available, vendors must furnish as part of their proposal all descriptive material (such as cuts, illustrations, drawings, sample videos or other information) necessary for the Government to determine whether the patent services meet the requirements outlined in the base PWS and each Individual Task Order PWS.
Prices/rates will be evaluated based on the total proposed price/rates and prices determined for each individual patent application disclosure task.
(x) Offerors shall include a completed copy of the provision at FAR 52.212-3, Offeror Representations with its offer.
(xi) The clause at 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. The following addenda have been attached to this clause: NONE.
(xii) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items and the selected clauses listed in DFARS 212.301 Solicitation provisions and Contract Clauses for the Acquisition of Commercial Items, applies to this acquisition. The following additional FAR/DFARS clauses cited in this clause are applicable: 52.203-6, 52.204-7, 52.204-10, 52.204-16, 52.204-18, 52.209-6, 52.209-7, 52.209-9, 52.219-6, 52.219-8, 52.219-13, 52.219-14, 52.219-28, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.222-50, 52.222-54, 52.223-18, 52.225-13, 52.232-33, 52.232-40, 52.203-3, 252.203-7000, 252.203-7005, 252.204-7008, 252.204-7009, 252.204-7011, 252.204-7012, 252.204-7015, 252.205-7000, 252.222-7007, 252.232-7003, 252.232-7010, 252.247-7023, 52.204-4, 52.225-25, 252.204-7003, 252.204-0009, 252.223-7008, 252.225-7012, 252.244-7000, 252.204-7000, 252.226-7001, 252.225-7050, 252.243-7002, 252.237-7010, 252.201-7000, 252.242-7000, 52.246-4, 252.227-7015, 252.227-7037.
(xiii) The following additional contract requirement(s) or terms and conditions apply (full text of all FAR/DFARS clauses that contain fill-in information, as well as all local clauses, can be found in the attached Provisions and Clauses Full-Text document):
• 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998);• 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) • 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013);• 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (DEC 2013);• APG-ADL-B.5152.204-4409 ACC - APG Point of Contact (Apr 2011);• APG-ADL-B.5152.204-4412 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (DEC 2002);• APG-ADL-B.5152.216-4407 Type of Contract (Sep 1999);• APG-ADL-E.5152.246-4400 Government Inspection and Acceptance (Sep 1999);• APG-ADL-G.5152.232-4418 Tax Exemption Certificate (Sep 1999);• APG-ADL-H.5152.211-4401 RECEIVING ROOM REQUIREMENT - ALC (SEPT 1999);• APG-ADL-L.5152.215-4441 US ARMY CONTRACTING COMMAND (ACC-APG) - ADELPHI CONTRACTING DIVISION WEBSITE;• APG-ADL-L.5152.203-4440 AMC-Level Protest Program (Jul 2011);• ACC-APG 5152.237-4900 ACCOUNTING FOR CONTRACT SERVICES REQUIREMENT - ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (June 2013) • APG-ADL-C.5152.237-4400 ARMY RESEARCH LABORATORY NON-PERSONAL SERVICES (JUL 2012);• APG-ADL-D.5152.004-4400 DISTRIBUTION STATEMENT A• APG-ADL-H.5152.204-4410 PERFORMANCE REQUIRING ACCESS TO COMPUTER SYSTEMS (JUN 2005);• APG-ADL-B.5152.216-4416 AUTHORIZED OFFICE TO ISSUE ORDERS (JUL 2004);• 52.216-18 Ordering;• 52.216-19 Order Limitations (OCT 1995);• 52.216-22 Indefinite Quantity (OCT 1995);• ACC-ADL-H.5152.216-4407 Indefinite Delivery-Indefinite Quantity On-Ramping Procedures (July 2012);• APG-ADL-H.5152.232-4401 INVOICING (AUG 1999)• APG-ADL-H.5152.237-4405 GOVERNMENT-CONTRACTOR RELATIONSHIPS (AUGUST 2008)• 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2016);• 52.204-17 Ownership of Control of Offeror (Nov 2014);• 52.204-20 Predecessor of Offeror (Apr 2016);• 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)• 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a • Felony Conviction under any Federal Law (FEB 2016)• Organizational Conflict of Interest Contract Clause (xiv) This acquisition is rated under the Defense Priorities and Allocations System (DPAS) as: NONE.
(xv) The following notes apply to this announcement: Prices given in bids shall be in US dollars and valid through the time of payment (30 days after invoicing).
(xvi) Offers are due on 17 May 2016 at 3:00PM Eastern Standard Time (EST) at firstname.lastname@example.org and Rebecca.email@example.com.
(xvii) For information regarding this solicitation, please contact Bryan Hoffman, firstname.lastname@example.org, 301-394-3060 and Rebecca Patterson, Rebecca.email@example.com, 301-394-5351.