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FBO DAILY ISSUE OF APRIL 07, 2011 FBO #3421
SOURCES SOUGHT

R -- Trademark Legal Services

Notice Date
4/5/2011
 
Notice Type
Sources Sought
 
NAICS
541110 — Offices of Lawyers
 
Contracting Office
Department of Health and Human Services, National Institutes of Health, Office of Logistics and Acquisition Operations, 6011 Executive Boulevard, Room 537C, MSC-7663, Bethesda, Maryland, 20892-7663
 
ZIP Code
20892-7663
 
Solicitation Number
HHS-NIH-OD-OLAO-11-006
 
Archive Date
5/5/2011
 
Point of Contact
Oghogho Joy Ajao, Phone: 3014435655
 
E-Mail Address
ajaooj@mail.nih.gov
(ajaooj@mail.nih.gov)
 
Small Business Set-Aside
N/A
 
Description
DRAFT STATEMENT OF WORK The National Institutes of Health is doing a market survey to determine the availability and potential technical capability of small business, 8(a), veteran-owned small business, service-disabled veteran owned small business, HUBZone small business, small disadvantaged business, and/or women owned small business to provide services to the NIH Branch of the Office of General Counsel ("NIH-OGC") in its role as the Department's lead provider of intellectual property legal counseling. NIH-OGC provides trademark searching and counseling; filing and prosecution of trademark applications with the U.S. Patent and Trademark Office; international trademark procurement and prosecution; brand management and counseling; domestic and international trademark licensing; and pre-litigation counseling and dispute resolution. Some of this work will be assigned to the Contractor. After considering the individual requirements, the work will be assigned through the issuance of a Task Order by NIH-OGC. Trademark search services, including domestic and international trademark searching and clearance and trademark infringement and validity searches, will be required. The contractor shall perform all necessary and appropriate services in connection with the filing of trademark registration applications as required and at the direction of NIH-OGC. All foreign trademark matters shall be handled by the contractor, or foreign associates under the direction of the contractor, in accordance with the applicable statues, regulations, and case law of the particular foreign jurisdiction. The trademark prosecution services to be provided to NIH-OGC are generally to be considered equivalent to those of "In-House Counsel" and are not to be considered merely equivalent to "Overflow Work." The contractor shall, at the direction of NIH-OGC, file oppositions and cancellations with the Trademark Trial and Appeal Board (TTAB), and take necessary actions to represent NIH-OGC. The contractor shall work closely with the attorneys and staff at NIH-OGC throughout opposition and cancellation proceedings. The contractor shall, upon request, provide counseling services to NIH-OGC about select licensing domestic and international licensing matters. The field of use of the license may vary. The contractor shall, upon request, consult with NIH-OGC on U.S. anti-counterfeiting matters, which includes the development of anti-counterfeiting strategies. The contractor may be asked to assist NIH-OGC with anti-counterfeiting matters before the U.S. Customs Service. Also, the contractor, through an appropriate foreign associate, shall represent NIH-OGC in anti-counterfeiting matters outside of the United States. The contractor will be required to maintain a current case docket to ensure that actions are taken and fees paid on a timely basis. Generally, NIH-OGC will be responsible for the payment of all maintenance fees on U.S. and foreign trademarks and applications. The work will often require very quick turn-around times, sometimes as short as one or two days, and coverage every business day to make sure that Trademark Office deadlines can always be complied with. A strong and deeply staffed corporate infrastructure will be necessary to make sure that there are sufficient personnel to satisfy the expected episodic need for filing labor intensive oppositions and other administrative dispute remedies. It is possible that we could have two or three oppositions on-going simultaneously, and we would expect the contractor to be able to handle that volume of work. The contractor may be required to evaluate complex trademark law matters on validity and infringement and prepare validity and infringement reports. The contractor may also be required to provide litigation support and services. Some ancillary trademark services may also be required, like obtaining copies of trademarks, file histories, assignment records, as requested; obtaining signatures of designated authorities on legal papers and deliver to the USPTO and/or foreign offices under very tight time constraints; recording trademark licenses with foreign intellectual property offices; resolving domain name disputes; registering domain names and providing courier service. Directions: Firms responding to this market survey should respond to all of the requirements above demonstrating capability. Responses should be concise with only the pertinent information requested, not to exceed 10 single-spaced pages. If you believe that your company has existing qualified personnel, relevant past performance experience, and the technical capability to perform the type of work described above, please submit the following information: 1. Company name and mailing address 2. Company point of contact 3. Capabilities statement describing the ability to perform the summarized scope of work along with past experience of a similar scope, size, complexity and relevance within the past 3 years. Provide the name of the project, contract number, value, and period of performance. If subcontracting or teaming is anticipated in order to meet the requirements, the prime contractor must demonstrate the ability to deliver the technical capabilities and maintain adequate labor, management and financial control of the project. The intended procurement will be classified under NAICS Code 541110 size standard $7.0 million. This market survey is being conducted through the FedBizOpps to reach the widest possible audience and to gather current market information. ALL INFORMATION SUBMITTED IN RESPONSE TO THIS ANNOUNCEMENT MUST BE RECEIVED ON OR BEFORE THE CLOSING DATE, WHICH IS: April 20, 2011 at 2PM Eastern Time. Two (2) copies of the capability statement must be sent to: O. Joy Ajao, Office of Logistics and Acquisition Operations, 6011 Executive Blvd., Room 625C, Bethesda, MD 20892-7633. (Ref: HHS-NIH-OD-OLAO-11-006). (NOTE: If you are using a courier service, Federal Express, UPS, or Express Mail, the city, state, and zip code should read ROCKVILLE, MD 20852). Facsimile capability statements will not be accepted. Comments and questions regarding this announcement will NOT be answered, but may assist in creating a solicitation for this requirement. Respondents shall address all applicable small business representation when sending capability statements. Disclaimer and Important Notes: This notice does not obligate the Government to award a contract or otherwise pay for the information provided in response. The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed to allow the Government to determine the organization's qualifications to perform the work. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. After a review of the responses received, a pre-solicitation synopsis and solicitation may be published in Federal Business Opportunities. However, responses to this notice will not be considered adequate responses to a solicitation. Confidentiality: No proprietary, classified, confidential, or sensitive information should be included in your response. The Government reserves the right to use any non-proprietary technical information in any resultant solicitation(s).
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/NIH/OLAO/HHS-NIH-OD-OLAO-11-006/listing.html)
 
Place of Performance
Address: National Institutes of Health (NIH), 9000 Rockville Pike, Bethesda, Maryland, 20892-7663, United States
Zip Code: 20892-7663
 
Record
SN02416885-W 20110407/110405234321-467b9c7b842186254975ce0a5c819b6c (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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