SOLICITATION NOTICE
R -- Legal Consultation Services and Assistance
- Notice Date
- 8/25/2006
- Notice Type
- Solicitation Notice
- NAICS
- 541990
— All Other Professional, Scientific, and Technical Services
- Contracting Office
- Department of Health and Human Services, National Institutes of Health, National Heart, Lung and Blood Institute, Rockledge Dr. Bethesda, MD, Office of Acquisitions 6701 Rockledge Dr RKL2/6100 MSC 7902, Bethesda, MD, 20892-7902
- ZIP Code
- 20892-7902
- Solicitation Number
- Reference-Number-NHLBI-PB-HL-2006-317DDC
- Response Due
- 9/11/2006
- Archive Date
- 9/26/2006
- Description
- THIS IS A NOTICE OF INTENT, NOT A REQUEST FOR A PROPOSAL. A SOLICITATION DOCUMENT WILL NOT BE ISSUED AND PROPOSALS WILL NOT BE REQUESTED. The National Heart, Lung, and Blood Institute?s (NHLBI), Office of Acquisitions, Procurement Branch, intends to negotiate and award a purchase order on a noncompetitive sole source basis to Oblon, Spivak, McClelland, Maier, & Neustadt, PC, 1755 Jefferson Davis Highway, Arlington, Virginia 22202 to provide legal consultation and assistance in the field of trademark law for the period September 2006 through September 2007, in accordance with the statement of work. Background: The National Heart, Lung, and Blood Institute (NHLBI) is faced with a unique situation in which excellent quality of legal consultation and assistance in the field of trademark law is needed on very short notice. The Office of the General Counsel (OGC) for the National Institutes of Health (NIH) has authority to conduct all trademark-related work on behalf of all the agencies in the Public Health Service (PHS). The NHLBI has a complex trademark issue which OGC has been handling, but additional guidance from experienced attorneys specializing in trademark law is now required. Scope of Work: The contractor shall initiate all necessary negotiations and administrative proceedings required to bring to a satisfactory conclusion actions undertaken by the OGC under a previous purchase order (263-MQ-607935) regarding the trademarks claimed by the American Heart Association (AHA) that appear to be confusingly similar to NHLBI?s NATIONAL WEAR RED DAY marks and RED DRESS Design marks. Contractor shall begin discussions with counsel representing the AHA to outline terms for a possible agreement between the NHLBI and the AHA regarding the disputed trademarks. Extensive materials have already been supplied to contractor as part of their work on the matter in question and contractor has rendered its expert opinion concerning the strength of those materials in support of the rights of the NHLBI. Contractor shall, after consulting with OGC and NHLBI, draft correspondence to counsel for the AHA transmitting such of those materials as it deems appropriate in an effort to convince the AHA of the validity of the NHLBLI claims of priority. Depending upon the response of the AHA, Contractor will either initiate negotiations for a settlement with counsel for the AHA or prepare drafts of the Notices of Opposition for any American Heart Association? applications to register the NATIONAL WEAR RED DAY marks and/or RED DRESS Design marks that have published for opposition within the period of performance for this purchase order as well as Petitions to Cancel any registration issuing in the name of American Heart Association?s for NATIONAL WEAR RED DAY marks and RED DRESS Design marks within the period of performance. Deliverables: Contractor shall provide suggested strategy to OGC and NHLBI, written and oral communications with counsel for the AHA providing relevant supporting materials for the claims of the NHLBI along with an analysis indicating the strength of those claims. Contractor shall prepare drafts of the Notices of Oppositions, if settlement with American Heart Association is not possible, for any American Heart Association?s application to register the NATIONAL WEAR RED DAY marks and/or RED DRESS Design marks that have published for opposition within the period of performance of this purchase order or the previous purchase order, and Petitions to Cancel any registration issuing in the name of the American Heart Association for NATIONAL WEAR RED DAY marks and RED DRESS Design marks within the period of performance of this purchase order or the previous purchase order or, after consultation with OGC and NHLBI, the contractor shall prepare appropriate correspondence related to settlement and appropriate terms for a settlement to indicate that American Heart Association has dropped its claim of ownership. Contractor shall provide written communications and draft and file briefs, petitions, and other papers related to advocating NHLBI?s claim before the Trademark Office, up to and including positioning the case for appeal before the Trademark Trial and Appeal Board or a federal district court. The sole source determination is based upon the fact that Oblon, Spivak, McClelland, Maier & Neustadt (Oblon) has already performed extensive work on NHLBI?s claims to National Wear Red Day and the Red Dress design marks through services provided by a contract and subsequent purchase orders procured by the NIH Office of General Counsel through the NCI & NHLBI. Because of the time constraints and filing deadlines associated with the proceedings, it is imperative that Oblon be engaged to continue work on this matter. It would not be feasible for another firm to become sufficiently expert on the relevant legal issues and the extensive evidentiary base to provide advice and initiate necessary actions in a timely manner. Moreover, unnecessary costs would be incurred by the government for another contractor to attain the level of familiarity that Oblon has already attained with the relevant legal issues and the extensive evidentiary base. An award to any other source would result in a substantial duplication of cost to the Government that is not expected to be recovered through competition. The expected period of performance is one (1) year from the date of the award. This acquisition is being conducted under simplified acquisition procedures and is exempt from the requirement of Federal Acquisition Regulations (FAR) Part 6, Competition Requirements. The North American Industry Classification System (NAICS) applicable to this requirement is 541990 with a size standard of $6.5 M. This notice of intent is not a request for competitive proposals. Interested parties may identify their interest and capabilities in response to this synopsis. The determination by the Government not to compete the proposed contract based upon responses to this notice is solely with the discretion of the Government. Comments to this announcement, referencing synopsis number NHLBI-PB-HL-2006-317DDC, may be submitted to the National Heart, Lung, and Blood Institute, Consolidated Operations Acquisition Center, Procurement Branch, 6701 Rockledge Drive, Suite 6042, Bethesda, MD 20892-7902, Attention: Deborah Coulter.
- Place of Performance
- Address: Bethesda, Maryland
- Zip Code: 20892
- Country: UNITED STATES
- Zip Code: 20892
- Record
- SN01125655-W 20060827/060825220508 (fbodaily.com)
- Source
-
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