Question and Answer for NIL.xlsx
XLSX spreadsheet 16 KB Posted
- Solicitation number
- 111-0067
About this file
This is a Question and Answer document for a USPTO Name, Image, and Likeness (NIL) Outreach and Engagement Efforts Request for Information (RFI). The file addresses market research inquiries to inform a potential future federal acquisition but is not itself a solicitation or commitment to award a contract. The RFI response deadline is October 26, 2026 at 10:00 AM ET, with questions due by October 12, 2026 at 1:00 PM ET. Respondents must be newly registered in SAM.gov with an active UEI to participate in any subsequent procurement.
The USPTO seeks vendor support for a one-year initial period (subject to extension based on performance and funding availability) to develop and execute a nationwide NIL outreach campaign targeting four priority audiences: college athletes, professional athletes, influencers and content creators, and supporting institutions and associations. Required deliverables include outreach strategy development, partnership identification and establishment with players' and influencer associations, awareness materials and messaging frameworks, and implementation support. The vendor must develop and recommend messaging frameworks, creative assets, and communication channels subject to USPTO approval and compliance with established brand standards. No budget range has been disclosed. The USPTO will not fund athlete or influencer partnerships directly; vendors must leverage existing relationships and recommend cost-effective, scalable approaches with clear performance metrics and rationale for anticipated reach. Small business primes may propose teaming arrangements with specialized subcontractors, though the prime remains solely responsible for overall performance and serves as the USPTO's single point of contact. All materials, partnerships, activities, and recommendations are subject to USPTO review and approval.
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Other files
| File | Type | Posted |
|---|---|---|
| USPTO NIL Request for Information Rev 1.pdf | ||
| USPTO NIL Request for Information.pdf |
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Q&A
| Questions | Response |
| Could the government share if NIL-related outreach has been conducted in the past and provide more information on the primary objectives for NIL outreach? For example, education, awareness, behavior change? Broader IP education or solely NIL rights and trademark usage? | The USPTO previously engaged a contractor to support a branding campaign for the Trademarks Business Unit, referred to as “America’s Branding Agency,” with a focus on sports, Name, Image, and Likeness (NIL), and community-engagement activities. The contractor supported the execution, sequencing, and communications effectiveness of a USPTO-led initiative highlighting the role of trademarks in preserving and protecting identity, reputation, and trust across athletic, educational, and professional sports ecosystems. Future work will support the USPTO in developing a targeted outreach strategy for NIL-related audiences, identifying and recommending effective partnership opportunities with players and influencer associations to increase awareness of trademarks, trademark protection, and USPTO capabilities, supporting outreach activities that align with USPTO messaging and objectives, and leveraging existing relationships to enable USPTO access. |
| Could the government share existing partnerships in place or are there specific sports, leagues, conferences, associations, or influencer communities the USPTO seeks to focus on? |
There are currently no established partnerships with specific sports, leagues, conferences, associations, or influencer communities. The USPTO is seeking a contractor to support the identification, development, and establishment of partnerships with professional and collegiate players’ associations, as well as influencer associations and related communities.
| Does the USPTO already have brand guidelines, messaging frameworks, trademark/IP education frameworks, creative assets, and preferred channels for this effort that contractors must use, or is the contractor expected to develop and recommend them? | The USPTO has established brand standards for public-facing materials, including brochures, flyers, posters, stationery, presentations, signs, and advertisements. With prior USPTO approval, the vendor shall develop and recommend messaging frameworks, trademark and intellectual-property education frameworks, creative assets, and appropriate communication channels to support the outreach effort. All materials and recommendations shall comply with applicable USPTO branding, accessibility, and communications requirements. |
| Could the government clarify the anticipated scale and duration of this initiative? For example, number of campaigns/activations expected, multi-year vs one-year foundational launch effort, etc.? | Initially, the USPTO intends to obtain this support for a period of one year from the date of contract award to establish the necessary outreach capacity. Subject to funding availability, mission requirements, and satisfactory contract performance, the period of performance may be extended in accordance with the terms of the contract. |
The vendor is expected to provide support in the following areas: Outreach strategy development; Partnership identification and development; Awareness materials and messaging recommendations; and Implementation support. The initial one-year period will be used to establish the program’s outreach capacity, develop foundational strategies and partnerships, and support initial implementation. Any extension will be considered based on the vendor’s performance, demonstrated results, continued program needs, and the USPTO’s applicable acquisition requirements.
| Will USPTO fund athlete/influencer partnerships directly or expect the contractor to manage/advance these payments? | The USPTO expects the vendor to leverage its existing relationships with targeted organizations to support outreach and partnership development. The vendor shall also assist the USPTO in expanding its reach to broader audiences and recommend suitable event venues based on the targeted audience, event objectives, accessibility, location, capacity, cost, and logistical requirements. All proposed organizations, audiences, venues, and related activities shall be subject to USPTO review and approval. |
| Does the USPTO expect paid media (digital ads, sponsored content), or will communications rely primarily on organic channels? | The USPTO expects the vendor to develop outreach materials across the most efficient vehicles and provide proposed messaging for USPTO review and approval. The USPTO will support the dissemination of approved communications through paid media, as appropriate, and available organic communication channels. The vendor shall coordinate with the USPTO on content development, production requirements, timing, distribution channels, and any applicable branding, accessibility, and communications approvals. |
| Teaming: if a small business proposes to subcontract NIL legal review and athlete relations to named partners, will those partners' experience count when USPTO judges which respondents are most likely to succeed? | The vendor may subcontract portions of the required services; however, the USPTO will work exclusively with, and hold the prime contractor responsible for, all contract performance, deliverables, subcontractor oversight, and compliance with applicable contract requirements. The USPTO will consider the experience of subcontractors who are proposed to peform work on the solicited effort. The vendor shall recommend outreach and communication approaches that maximize reach and engagement while using the most efficient and cost-effective options. Recommendations should consider audience size, relevance, accessibility, expected engagement, implementation effort, schedule, and overall value. The vendor shall provide the rationale, estimated costs, anticipated reach, and performance measures for proposed options, including any services to be performed by subcontractors. All subcontracting arrangements and proposed outreach activities shall be subject to applicable contract requirements and USPTO review and approval. |
| Scale: can you share the expected scale of the effort, for example videos or campaign assets per month, or the number of schools or athletes USPTO hopes to reach in the first year? | The vendor shall provide outreach strategy documents, partnership recommendations, messaging recommendations, performance metrics, implementation support plans, and regular status reports. The vendor shall prioritize the most efficient and cost-effective approaches capable of achieving the broadest relevant audience reach and meaningful engagement. For each recommended approach, the vendor shall provide the rationale, anticipated reach, target audience, estimated cost, implementation requirements, risks, and proposed measures of success. All recommendations and materials shall be subject to USPTO review and approval. |
| Timing: we are a newly registered LLC. If USPTO issues a follow-on solicitation, about how soon after the RFI closes should respondents expect it, so we can have our SAM.gov registration active in time? | Timing is TBD, but as soon as possible. Per RFI instrutions. Without a UEI, you cannot participate in federal procurement or award processes. |
| Anticipated Budget and Talent Compensation: Does USPTO have an anticipated budget range or estimated contract value for the proposed NIL outreach and engagement initiative? Additionally, will a separate budget allocation be established for athlete, influencer, and other talent participation and compensation, or should those expenses be incorporated into the contractor's overall proposed budget? | |
| Anticipated budget is not being shared at this time. If a solicitation is released it will be for the entire scope. | |
| Period of Performance and Geographic Scope: What is the anticipated period of performance, and does USPTO envision a nationwide campaign or one focused on specific states or regions? | Initially, the USPTO intends to obtain this support for a period of one year from the date of contract award to establish the necessary outreach capacity. Subject to funding availability, mission requirements, and satisfactory contract performance, the period of performance may be extended in accordance with the terms of the contract. The USPTO seeks to conduct a nationwide outreach campaign designed to maximize public awareness and reach among relevant audiences. The vendor shall recommend an efficient, scalable, and measurable campaign approach that uses appropriate national and regional partnerships, events, media, digital communications, and other approved outreach channels. The campaign should prioritize broad, relevant reach and meaningful engagement while maximizing cost-effectiveness. All campaign strategies, materials, messaging, partnerships, and launch activities shall be subject to USPTO review and approval. |
Target Audience: Has USPTO identified a priority audience for the proposed NIL outreach and engagement initiative, specifically whether the focus will be on high school student-athletes, collegiate student-athletes, or both? The USPTO expects the vendor to develop outreach strategies that address all identified priority audiences, including:
College athletes;
Professional athletes;
Influencers and content creators; and Institutions, associations, organizations, and collectives that support these audiences.
The vendor shall recommend audience-specific messaging, partnership opportunities, communication channels, events, and engagement approaches for each priority audience. The recommendations should support a nationwide campaign, maximize relevant reach and engagement, and account for the distinct characteristics, needs, and communication practices of each audience. All strategies, materials, partnerships, and activities shall be subject to USPTO review and approval.
| Does the USPTO anticipate that paid media (digital advertising, social, streaming and video placements) would be part of a future requirement, or is the effort focused on partnerships, events and earned outreach? | The USPTO requests that in addition to the vendor leveraging established relationships with organizations, associations, institutions, and communities relevant to the identified priority audiences the development of efficient awareness plans. The vendor shall leverage these existing partnerships, as appropriate, to support nationwide outreach and engagement with college athletes, professional athletes, influencers and content creators, and the institutions and collectives that support them. The vendor shall identify relevant partnership opportunities, describe how each relationship could support the effort, and recommend efficient approaches for expanding audience reach. Any proposed partnerships, outreach activities, and related communications shall be subject to USPTO review and approval. |
| For the planned alternative competition, does the USPTO expect to limit participation to a particular small business category (for example WOSB, 8(a) or small business generally)? | To be determined. |
| May a respondent describe a teaming arrangement, such as a small business prime supported by an athlete marketing or NIL specialist subcontractor, when answering Questions 3 and 11? | Yes. The respondent may describe a proposed teaming arrangement in which a small-business prime contractor is supported by one or more specialized subcontractors, such as an athlete-marketing, influencer-engagement, or name, image, and likeness (NIL) specialist. The prime contractor shall remain responsible for overall contract performance and shall serve as the USPTO’s sole contractual point of contact. All proposed teaming arrangements shall be subject to applicable contract requirements and USPTO approval and must comply with applicable small business regulations. |
| Which audiences are the priority: college athletes, high school athletes, professional athletes, influencers and creators, or the institutions and collectives that support them? | The USPTO expects the vendor to develop outreach strategies that address all identified priority audiences, including: |
College athletes;
Professional athletes;
Influencers and content creators; and Institutions, associations, organizations, and collectives that support these audiences.
The vendor shall recommend audience-specific messaging, partnership opportunities, communication channels, events, and engagement approaches for each priority audience. The recommendations should support a nationwide campaign, maximize relevant reach and engagement, and account for the distinct characteristics, needs, and communication practices of each audience. All strategies, materials, partnerships, and activities shall be subject to USPTO review and approval.
Does the 5-page limit include the Company Information and Primary Contact sections, or only the capability statement and project examples? See #4, submission instructions, where this is addressed. Responses should be concise and should not exceed 5 pages in total, excluding cover pages and relevant attachments.
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