SOLICITATION NOTICE
R -- Docketing, Tracking, Payment and Reporting of Annuities related to Foreign Patents
- Notice Date
- 2/1/2006
- Notice Type
- Solicitation Notice
- NAICS
- 541110
— Offices of Lawyers
- Contracting Office
- Department of Agriculture, Agricultural Research Service, Acquisition and Property Division, Acquisition Branch (MD), 5601 Sunnyside Avenue, Building 3, Mailstop: 5116, Beltsville, MD, 20705
- ZIP Code
- 20705
- Solicitation Number
- 063K06007
- Response Due
- 3/9/2006
- Description
- This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This is a Request For Proposals (RFP). This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation (RFP 06-3K06-007) is hereby issued as a request for proposal (RFP). A sources sought was posted for this requirement under number 05-3K06-083 and is replaced with RFP 06-3K06-007. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-08. This solicitation is being issued as full and open competition. The applicable NAICS code is 541110 and size standard for this requirement is $6 Million. All responsible sources may submit a proposal which will be considered by the agency. I. ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS ? COMMERCIAL ITEMS A. PRICE SCHEDULE - The contractor shall provide all materials and equipment to docket, track and report on foreign Patents in accordance with the Statement of Work (SOW), Attachment I, the deliverable schedule, Attachment II and in accordance with the following price schedule. The resultant contract will be a Fixed Price Requirements Contract. The supplies and services listed below are estimates. These estimates are not a representation to an Offeror or Contractor that the estimated quantities will be required or ordered, or that the conditions affecting the requirement will be stable or normal. A 10% annual increase in workload and annuity payments is projected. BASE CONTRACT PERIOD ? JUNE 1, 2006 THROUGH DECEMBER 31, 2006 Item No Supplies/Services Estimated Quantity Unit price Total price 0001 Services to pay annuities 500 Cases and Taxes 0001a Services to work cases 500 Cases (docket and track) 0001b Services to provide receipts 28 Cases and reports, tax maintenance list, confirmation reports 0001c Annuity payments and NTE $95,000.00* taxes Total Base Contract Period Price $ ____________ *This is a not-to-exceed amount based on estimated annuities and taxes to be paid OPTION PERIOD I ? JANUARY 1, 2007 THROUGH DECEMBER 31, 2007 Item No Supplies/Services Estimated Quantity Unit price Total price 0002 Services to pay annuities 550 Cases and Taxes 0002a Services to work cases 550 Cases (docket and track) 0002b Services to provide receipts 28 Cases and reports, tax maintenance list, confirmation reports 0002c Annuity payments and NTE $104,500* taxes Total Option Period I Price $ ____________ OPTION PERIOD II ? JANUARY 1, 2008 THROUGH DECEMBER 31, 2008 Item No Supplies/Services Estimated Quantity Unit price Total price 0003 Services to pay annuities 605 Cases and Taxes 0003a Services to work cases 605 Cases (docket and track) 0003b Services to provide receipts 28 Cases and reports, tax maintenance list, confirmation reports 0003c Annuity payments and NTE $114,950* taxes Total Option Period II Price $ ____________ OPTION PERIOD III ? JANUARY 1, 2009 THROUGH DECEMBER 31, 2009 Item No Supplies/Services Estimated Quantity Unit price Total price 0004 Services to pay annuities 615 Cases and Taxes 0004a Services to work cases 615 Cases (docket and track) 0004b Services to provide receipts 28 Cases and reports, tax maintenance list, confirmation reports 0004c Annuity payments and NTE $126,445* taxes Total Option Period III Price $ ____________ OPTION PERIOD IV ? JANUARY 1, 2010 THROUGH DECEMBER 31, 2010 Item No Supplies/Services Estimated Quantity Unit price Total price 0005 Services to pay annuities 675 Cases and Taxes 0005a Services to work cases 676 Cases (docket and track) 0005b Services to provide receipts 28 Cases and reports, tax maintenance list, confirmation reports 0005c Annuity payments and NTE $139,090* taxes Total Period IV Price $ ____________ TOTAL ESTIMATED CONTRACT PRICE (Base Year Plus All Option Periods) $_______________ STATEMENT OF WORK ? BACKGROUND - The Office of Technology Transfer (OTT), USDA, ARS and the Forest Service (FS) requires services to docket, track, and report quarterly on the status of foreign patents including the payment of annuities, taxes and maintenance fees to maintain existing patents in force. Currently, there are approximately 800 Patent Cooperation Treaty (PCT) Applications/International Patents for which annuities, taxes, and maintenance fees may become due and payable. United States Department of Agriculture (USDA), Agricultural Research Service (ARS) sponsors research on new and useful products and processes which have potential application in the private and public sectors, and may seek patent rights in various foreign countries covering products and processes derived from the ARS Research. ARS is the major research agency of the USDA and receives over 80 percent of the total patents. USDA has the authority, pursuant to 35 U.S.C. 207 and 15 U.S.C. 3710, to obtain and maintain patents in the United States and foreign countries. USDA can grant licenses in accordance with the regulations set forth in 37 C.F.R. Chapter IV, as amended, to receive fees, royalties or other revenues therefrom, and to take all other suitable and necessary steps to protect and administer such rights. ARS has a history of research collaborations with industry and academia. Pursuant to the Federal Technology Transfer Act of 1986, ARS has implemented a technology transfer program covering a variety of agricultural technologies that have high commercial potential to industry. Patent applications possessing licensable beneficial foreign rights are being filed and prosecuted in foreign countries. To serve public interest, the Government will ensure that the results of Federally-sponsored research be protected, marketed, and practiced so that maximum benefit is achieved in the form of enhanced U.S. economic activity and competitiveness. The countries chosen for patent protection may include both member and non-member countries of the PCT. ARS researchers currently report over 100 inventions annually. During Fiscal Year 2004, 150 inventions were reported, 63 were filed for domestic patents and 59 patents were issued. During the same period, 24 PCT applications were filed. The Department has a total current patent portfolio of 2034, for which there are approximately 800 foreign filings corresponding to 99 different U.S. filings. The above information is for historical purposes only and comprises typical annual activity count for ARS. ARS currently contracts with the law firm of Pendorf & Cutliff for filing and prosecuting all international applications for which ARS is responsible. FS cases are included in this contract. SPECIFIC REQUIREMENTS - The Contractor shall provide docketing, tracking, payment and reporting services for non-domestic patents. The Contractor shall perform the following patent-related services and purchases as may be required to maintain patents in effect: The Contractor shall maintain a current case docket to ensure that fees for annuities and taxes are paid on a timely basis. The Contractor shall enter information in its docketing system from Government-furnished and publicly available records to effect the payment of annuities, taxes and maintenance fees. The Government shall provide the Contractor with a database file containing all current PCT patents which require tracking. The Contractor shall have an already established computerized docketing, tracking, and payment database system with the capabilities to calculate and administer different country-by-country patent regulations in regards to payment of annuities, taxes, and maintenance fees shall be a requirement. Safeguards in place to reduce or eliminate errors will be given preference. The Contractor shall provide the Contracting Officers Representative (COR), a Tax Maintenance Report identifying all cases with a payment due within the quarter. Reports shall be submitted 5 months prior to the start of each calendar quarter. For the Base Period only, the first report due will be for the third calendar quarter, July through September, 2006. The report shall include the following: filing, issue, or publication dates either supplied by the Government or available through public records; estimated payment cost of each case in U.S. dollars. The Contractor shall seek and obtain authorization from the COR prior to making purchase of any annuities, taxes or maintenance fees. Within 60 days after receipt of the Tax Maintenance Report, the COR will authorize the Contractor to purchase the annuities, taxes and maintenance fees or to discontinue their payment, as appropriate. The contractor shall provide the following documentation to the COR:(i)Monthly annuity confirmation of payments made. (ii) Receipts from each patent office as the Contractor receives them. The Contractor agrees that all information disclosed by the Government to the Contractor in connection with this requirement shall be confidential and that all such information and all data on the media in which it is stored shall be the exclusive property of the Government. The Contractor shall not disclose, either during the term of this contract or thereafter, any information provided by the Government without the prior written consent of the Contracting Officer. The Contractor shall take all precautions necessary to prevent disclosure of such information. In performance of the contract, the Contractor shall comply with applicable laws and legal authorities of the country in which the annuity payment or nominal working is being made. The Government shall provide the Contractor with the data in the form of a diskette containing all the current PCT?s, foreign patent applications and patents to be the basis for tracking the current patent annuities, as applicable. The contractor will be required to input data into its proposed system on any resultant contract. DELIVERABLES - The Contractor shall provide the following deliverables to the COR. (a) Tax Maintenance Report. The written report shall cover all cases with a payment due within the quarter. The report shall include the estimated payment cost of each case in U.S. dollars, the filing, issue, or publication dates, and shall be submitted to the COR 5 months prior to the start of each calendar quarter. For the Base Period only, the first report due will be for the third calendar quarter, July through September, 2006. Quarterly 1 Cy to COR by 5th of February May, August and November. (b)Monthly annuity confirmations. 1 Cy to COR. (c)Original receipts of annuity payments. 1 Cy to COR. (d)Monthly Contract Progress Report. 1Cy to CO/COR. GOVERNMENT FURNISHED PROPERTY/SERVICES - The Government will provide the Contractor an attoney docket report on diskette containing all current PCT?s, patent applications and patents. In addition, the Government will provide to the Contractor the following information for all new requested cases upon receipt from the law firm of Pendorf & Cutliff (or other firm). 1. Date case was filed. 2. Date patent was issued. 3. Publication number.
- Place of Performance
- Address: USDA/ARS/OTT, 5601 Sunnyside Avenue, Beltsville, Maryland
- Zip Code: 20705 5131
- Country: USA
- Zip Code: 20705 5131
- Record
- SN00977951-W 20060203/060201211717 (fbodaily.com)
- Source
-
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