USPTO NIL Request for Information.pdf
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- Solicitation number
- 111-0067
About this file
This is a Request for Information (RFI) issued by the United States Patent and Trademark Office (USPTO) seeking market research on Name, Image, and Likeness (NIL) outreach and engagement efforts. The RFI is issued under the Patent and Trademark Office Efficiency Act (PTOEA) utilizing the Alternative Competition Method, and responses will be used to identify qualified small business contractors eligible to participate in a future alternative competition. This is strictly a market research document and does not constitute a solicitation, commitment, or obligation by the Government to award a contract.
Respondents must address all 13 required information areas: company overview and experience; organization size and locations; capabilities and limitations; experience with athletes and sports organizations; experience with influencers and public figures; NIL-related project experience; trademark and intellectual property experience; messaging and stakeholder engagement approach; targeted NIL outreach strategy development; recommended outreach methods and communication channels; personnel and subject-matter expertise; performance metrics and evaluation approaches; and potential risks and mitigation strategies. Responses must include four sections: a capability statement (detailed response to the 13 questions with examples and case studies); company information (legal name, CAGE code, SAM.gov UEI, place of business, business size and socioeconomic status, small business qualification, and GSA Schedule contracts if applicable); primary contact information; and relevant contract or project examples with client organization, contract title, period of performance, work description, approximate value, and respondent's role. Responses must be submitted electronically in searchable PDF format to Emalee.Gawrelski@uspto.gov and Jennifer.Springer@uspto.gov with the title "USPTO NIL RFI." Questions must be submitted by October 12, 2026 at 1:00 p.m. ET, and RFI responses are due by October 20, 2026 at 10:00 a.m. ET. Responses should not exceed five pages total, excluding cover pages and attachments. SAM.gov registration is not required to submit an RFI response but will be required if the USPTO proceeds with a procurement. The Government will not reimburse preparation costs, and submission does not create any obligation for contract award or solicitation issuance.
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USPTO Name, Image, and Likeness (NIL) Outreach and Engagement Efforts
REQUEST FOR INFORMATION (RFI)
United States Patent and Trademark Office (USPTO) Name, Image, and Likeness (NIL) Outreach and Engagement Efforts
THIS IS A PTAG SOURCES SOUGHT REQUEST FOR INFORMATION (RFI) ONLY.
This PTAG 6.1.1 Sources Sought (request for information) Notice (RFI) is strictly for market research ONLY. It is for informational and planning purposes and shall NOT be construed as a solicitation or as an obligation or commitment by the Government at this time.
Patent and Trademark Office Efficiency Act (PTOEA) Procurement:
The Government contemplates utilizing the Alternative Competition Method in accordance with the Patent and Trademark Office Acquisition Guidelines (PTAG) and the Patent and Trademark Office Efficiency Act 35 U.S.C. 2(b)(4)(A). This Sources sought notice is intended as preliminary market information gathering which the United States patent and Trademark Office (USPTO) will use to determine which contractor(s) is/are the most likely to successfully meet the agency’s needs and are thereby eligible to participate in an alternative competition. As a result of this market research, the solicitation will only be issued to the/ those qualified small business contractor(s) that is/are deemed most likely to successfully meet the agency’s requirements as stated below.
Overview:
1. Purpose
The USPTO is seeking information from qualified organizations regarding capabilities and relevant experience to support potential USPTO Name, Image, and Likeness (NIL) outreach and engagement efforts.
This RFI is issued for planning and market research purposes only. It is not a solicitation, request for proposals, or commitment by the Government to award a contract. The Government will not reimburse respondents for costs associated with preparing or submitting a response. Information submitted in response to this RFI may be used to inform a future acquisition strategy.
2. Requested Information
Respondents should address all 13 questions:
1. Company Overview and Experience Provide a brief overview of your company, including its core capabilities, primary lines of business, and relevant experience.
2. Organization Size and Locations Identify your organization’s size, principal place of business, and the locations of your employees or operational teams that would support this effort.
3. Capabilities and Limitations Identify any functions described in this RFI that your organization would be unable to perform. For each such function, explain the limitation and identify whether you would rely on subcontractors, partners, or other resources.
4. Experience with Athletes and Sports Organizations Describe any prior experience working with athletes, player associations, sports leagues, sports teams, athletic conferences, colleges, universities, sports commissions, or similar organizations. Identify the organizations, dates or periods of performance, and the capacity in which you provided services.
5. Experience with Influencers and Public Figures Describe any prior experience working with influencers, celebrities, public figures, talent representatives, or related associations. Identify the organizations or types of clients served and explain the services provided.
6. NIL Experience Describe any prior experience supporting NIL-related projects, including strategy, talent identification, contracting or coordination, campaign development, content creation, compliance support, event activation, measurement, or stakeholder engagement.
7. Trademark and Intellectual Property Experience Describe relevant experience supporting trademark awareness, intellectual property outreach, public education, brand protection, or related communications campaigns.
8. Messaging and Stakeholder Engagement Describe how your organization would support the development of messaging designed to increase awareness of trademarks and USPTO capabilities and encourage partnerships with relevant stakeholders.
9. Targeted NIL Outreach Strategy Describe your approach to developing a targeted NIL outreach strategy. Discuss how you would identify and prioritize audiences, stakeholders, athletes, influencers, sports organizations, educational institutions, or other potential partners.
10. Recommended Outreach Methods and Channels Identify the outreach methods and communication channels you would recommend for reaching the intended audiences. Examples may include social media, digital advertising, events, athlete or influencer partnerships, educational programming, media outreach, sports organizations, and community or institutional partnerships.
11. Personnel and Subject-Matter Expertise Describe the in-house personnel, functional resources, and subject-matter expertise needed to successfully perform this work. Identify any anticipated key personnel roles, specialized capabilities, or subcontractor support.
12. Performance Metrics and Evaluation Describe the performance measures you would recommend to evaluate the effectiveness of an NIL outreach initiative, such as reach, engagement, participation, stakeholder partnerships, audience awareness, or other relevant outcomes.
13. Potential Risks and Mitigation Strategies Identify any significant legal, reputational, operational, scheduling, or stakeholder-related risks associated with NIL outreach efforts and describe how your organization would mitigate those risks.
3. Response Requirements
Responses should include the following 4 areas below:
1. Capability Statement The capability statement should include a detailed response to the requested information above. Respondents may provide relevant examples, case studies, client references, or publicly available supporting materials, as appropriate.
2. Company Information o Legal name of the firm o Commercial and Government Entity (CAGE) Code, if available o SAM.gov Unique Entity ID (UEI), if available o Primary place of business o Business size and socioeconomic status, if applicable o Identification of whether the firm qualifies as a small business o GSA Schedule contract number(s), if applicable
3. Primary Contact Information o Name and title o Complete mailing address o Email address o Telephone number
4. Relevant Contract or Project Examples For each example, provide, if available:
o Client or sponsoring organization o Contract or project title o Period of performance o Brief description of work performed o Approximate contract or project value o Description of the respondent’s role and responsibilities
4. Submission Instructions
Responses should be submitted electronically with the title " USPTO NIL RFI" in searchable PDF format to:
Point of Contact: Emalee Gawrelski and Jennifer Springer Email: Emalee.Gawrelski@uspto.gov and Jennifer.Springer@uspto.gov Questions due: Any questions regarding this RFI must be submitted no later than October 12, 2026 at 1pm ET to Emalee.Gawrelski@uspto.gov and Jennifer.Springer@uspto.gov.
RFI Response Due Date: October 20, 2026 10am ET RFI Reference: Name, Image, and Likeness (NIL) Efforts
Responses should be concise and should not exceed 5 pages in total, excluding cover pages and relevant attachments. Respondents should clearly identify any information they consider proprietary or confidential. However, respondents should not submit information mailto:Emalee.Gawrelski@uspto.gov mailto:Jennifer.Springer@uspto.gov mailto:Emalee.Gawrelski@uspto.gov mailto:Jennifer.Springer@uspto.gov that is personally identifiable, sensitive, export-controlled, classified, or otherwise restricted.
5. Important Notice
SAM.gov registration is not required to submit an RFI response, but a current registration will be required if the USPTO proceeds with a procurement. Offerors or quoters are required to have an active Federal Government contracts registration in SAM.gov (https:// sam.gov/entity-registration) when they submit an offer or quotation, and at the time of award.
See Revolutionary FAR Overhaul (RFO) 4.203 System for Award Management. Submission of a response does not create an obligation for the Government to award a contract, issue a solicitation, reimburse preparation costs, or provide feedback. The Government may contact respondents for additional information. Information provided may be used to develop acquisition strategies, market research, statements of work, and future solicitation requirements.
https://sam.gov/entity-registration
| REQUEST FOR INFORMATION (RFI) FOR USPTO COMPUTER TEST ADMINISTRATION SUPPORT SERVICES |
| SUBMISSION REQUIREMENTS |
| STATEMENT OF WORK UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) |
| OFFICE OF ENROLLMENT AND DISCIPLINE (OED) |
| COMPUTER TEST ADMINISTRATION (CTA) |
| 1. Background |
| 2. Objective |
| 5. Security and Privacy Requirements |
| Contractors (including sub-contractors) entering into an agreement for services to the U.S. Patent and Trademark Office (PTO) and/or its Federal customers shall be contractually subject to all USPTO and Federal IT Security standards, policies, and rep... |
| 5.1. The contractor shall comply with all applicable Federal Information Processing Standards (FIPS). NIST Special Publications (800 Series) guidance, unless required by a FIPS publication, in which case usage is mandatory. |
| 5.2. The Contractor is hereby made to be aware that, all Information systems supporting USPTO must meet the minimum security and privacy requirements through the use of security controls in accordance with NIST Special Publication 800-53, Revision 5, ... |
| 5.4. The Contractor shall use USPTO technical guidelines, NIST guidelines, or industry best practice guidelines in hardening their systems. |
| 5.5. The contractor shall protect information that is deemed sensitive from unauthorized disclosure to persons, organizations or subcontractors who do not have a need to know the information. Information which, either alone or when compared with other... |
| 5.6. USPTO will retain unrestricted rights to all federally owned and/or federally managed data and/or metadata that USPTO either owns or manages that is handled under this contract. Specifically, USPTO retains ownership of any user created/loaded dat... |
| 5.7. The facilities that house the network infrastructure shall be physically and logically secure in accordance with NIST 800- 53 (current revision), Recommended Security Controls for Federal Information Systems and USPTO policies. |
| 5.8. The disposition of all USPTO data shall be at the written direction of USPTO. This may include documents returned to USPTO control; destroyed; or held as specified until otherwise directed. Items returned to the Government shall be hand carried o... |
| 5.9. USPTO information should not be processed and stored in any external Cloud Service Provider (CSP) cloud system hosted outside of the United States territory. |
| 5.10. The contractor shall notify USPTO Computer Incident Response Team (CIRT) of any suspected incidents in a timely manner according to USPTO established guidelines, and assist in the investigation of incidents as necessary. |
| 6. Qualifications Required to Perform this Task |
| Only properly trained, qualified, and authorized individuals according to the criteria set forth in this |
| section may administer registration examinations. Each Testing Center Supervisor (TCS) must provide the Computer Testing Manager (CTM) with a list of its testing center personnel, including test proctors. This list must be signed and dated by the TC... |
| 6.1. Background Checks |
| The CTA must perform an adequate background check on each proposed TCS and Alternate TCS (ATCS). A third party background screening company must conduct the background checks required by this paragraph. |
| 6.2. Personal Qualifications of the CTM, Testing Center Owner, TCS, ATCS, and Test Proctor: |
| a. Age: CTMs, testing center owners, TCSs, ATCSs, and test proctors must be at least 21 years of age. |
| b. Citizenship: To ensure USPTO jurisdictional and surveillance oversight, CTMs, testing center owners, TCSs, ATCs, and test proctors must be citizens or resident aliens of the United States. A foreign national who is not a resident alien may NOT be ... |
| c. Personal Traits: Testing center personnel must have a good reputation and record in the community for integrity and dependability. |
| 6.3. Knowledge Requirements of the CTM and Testing Center Personnel |
| CTMS and testing center personnel must be knowledgeable in the following: |
| a. USPTO registration examination and review session authorization and eligibility requirements; |
| b. Computer uses as they relate to USPTO registration examination and review session programs; |
| c. and a CTM must be knowledgeable in the structure, processing, and transmission of applicant data. |
| 6.4. TCS and ATCS Responsibilities |
| The TCS or ATCS is responsible for the operation of the testing center, including training and conduct of registration examination and review session proctors. The TCS must be present during at least 50 percent of registration examination administrat... |
| 6.5. TCS and ATCS Appointments |
| Prior to appointing a TCS or ATCS, the CTM must ensure that all background checks and other applicable requirements of this contract are met. |
| 6.6. Test Proctor Appointments |
| Prior to appointing a test proctor, the TCS must secure CTM approval. If the applicable requirements of this contract are met, the CTM will notify the TCS that the test proctor is approved. |
| a. The TCS must certify that each test proctor meets the personal qualifications and knowledge requirements described in Section 5 of Statement of Work. |
| b. The TCS must certify that each test proctor has been trained in administering USPTO examinations. |
| c. The TCS is responsible for promptly reporting information to the CTM regarding a criminal conviction of a test proctor. The CTM is responsible for promptly reporting this information to USPTO. Upon notification of a felony conviction, the offending... |
| 6.7. The TCS is responsible for promptly reporting information to the CTM regarding a criminal conviction of a test proctor. The CTM is responsible for promptly reporting this information to USPTO. Upon notification of a felony conviction, the offen... |
| Separation of Testing Center Personnel: |
| a. The CTA must notify USPTO of changes in key personnel as they occur. |
| b. The CTA must ensure that all applicable computer access passwords of a separated employee are immediately changed with the separation of any employee authorized to administer registration examinations or review sessions. |
| 7. Staffing |
| 7.1. The Contractor shall identify and provide resumes for all Personnel, Subject Matter Experts (SMEs), and any alternates. The Contractor shall permit USPTO COR, TOM, and Technical Lead to review the resumes of any personnel before their start date... |
| 7.2. The Contractor shall staff qualified personnel to provide the full scope of expertise and capabilities required to perform this task order. The Contractor shall specify the labor categories and staff hours by labor category that will be required. |
| 7.3. The Contractor shall be fully staffed no later than two (2) weeks from the first day of the task order performance, and be prepared to maintain a fully trained staff throughout the life of the task order. |
| 8. CTA Service Level Goals |
| The following information is negotiable (upon award) as deemed reasonable by USPTO OED and the CTA: |
| 8.1. Provide an email to USPTO within three (3) business day of occurrence of new issues involving customer concerns and problems and a proposed problem resolution. |
| 8.2. Provide an email acknowledgement of receipt of an email or voice mail from USPTO within three (3) business days. |
| 8.3. Provide resolution(s) to USPTO of any documented customer concerns and problems within seven (7) business days of occurrence when only log verification is required. |
| 8.4. Provide resolution(s) to USPTO of any documented customer concerns and problems within ten (10) business days of occurrence when video and/or audio verification is required. |
| 8.5. Confer with USPTO representatives on a weekly basis or as deemed necessary by USPTO OED or CTA. This discussion shall cover (open) emergent problems and issues, concerns, proposed and applied problem resolutions, and recommendations. |
| 8.6. Provide, at no additional cost to USPTO or candidate, the candidate an opportunity to retake exams that cannot be administered or delivered stemming from the CTA’s deficiencies (ex. system outages, software issues, etc.) |
| 9. Security, Surveillance, and Inspections |
| 9.1. Test and Data Security. Control and security of USPTO testing data is a primary responsibility of the CTM. The CTM must assure the integrity of USPTO registration examination process, and take no action that will cause or give the perception of ... |
| a. The CTA data center must be secured and protected as U.S. Government For Official Use Only information. All USPTO testing data is the property of USPTO and may not be used for any purpose not specifically authorized by USPTO. |
| b. The data center, testing center computers, and associated equipment used for applicant testing must be owned, or be under a binding contract or agreement for exclusive use by the CTA. |
| c. Access to a candidate’s personal and demographic information and test data by unauthorized persons is prohibited. |
| d. Registration examination question bank answers must reside in the data center and not at the testing center. |
| e. The testing center’s computer terminals must not have a two-way communications feature operating during the registration examination or the review session that could provide unauthorized assistance to the applicant or contribute to test compromise. |
| f. Candidates shall not be permitted to carry cellular telephones, text pagers, or other communications devices during administration of the registration examination or the review session. |
| g. Applicants shall not be permitted to carry cameras, tape recorders, digital recorders, or other recording devices during administration of the registration examination or review sessions. |
| h. The assessment and candidate identification information must be housed in a data center located in the United States and must be protected from unauthorized access, hackers, viruses, malware, or other tampering. |
| i. The CTA shall protect information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide confidentially, integrity, and availability. The CTA shall ensure that the informatio... |
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| 8.1. |
| 9.2. Reporting of Irregularities and Infractions |
| a. The CTA must provide an electronic communications system for testing center personnel to advise the CTM of equipment malfunctions; unusual occurrences such as power interruption; and inaccurate entry of applicant registration data, such as incorrec... |
| b. The CTM is responsible for immediately notifying USPTO of any action taken by testing center personnel that would jeopardize the proper functioning of USPTO testing program. |
| 8.2. |
| 10. Test Procedures – General |
| 10.1. Identification and Processing of Candidates |
| The proctor administering a registration examination or review session must positively identify each candidate, ensure proper test authorization is presented, and ensure proper completion of the testing center daily log. The proctor must not administ... |
| a. Prior to administering a registration examination or review session, the proctor must ensure that each candidate provides positive proof of identification, a permanent mailing address, and documentary evidence of age. The identification presented ... |
| b. The testing center must provide a daily log for candidate sign in and sign out. The sign in/ sign out log must be maintained in an accurate and complete manner. The log sheet must be formatted to collect the candidate’s full legal name, full lega... |
| 10.2. Use of Aids, Reference Materials, and Test Materials |
| Candidates being administered the registration exam or the review session may use any aids, reference materials and test materials provided to them in accordance with USPTO approval; however, no other aid, reference material or test material may be us... |
| 10.3. Test Administration for CTA Personnel |
| CTA personnel who desire to take a registration examination or be administered a review session may not do so at a testing center where they are employed. |
| 10.4. Visual or Video Surveillance of Candidates |
| The proctor must be able to view the candidates at any time, be aware of all activities in the testing room, and be alert for any misconduct. |
| a. When a candidate break is necessary, the proctor must monitor the candidate’s whereabouts during this break. |
| b. Video surveillance systems are authorized. Such systems must cover the entire testing area and permit the person who administers the registration examination or review session to view that area on a video monitor. |
| i. If video monitoring is used, a sign must be visible to the candidates advising that the testing area is being video monitored. |
| ii. Visual or video surveillance of candidates does not preclude the performance of other tasks by the proctor. |
| iii. The CTA shall provide a copy of the video upon request by USPTO at no additional charge. |
| iv. Where candidate misconduct during the registration examination or review session is alleged, the CTA shall provide, at no cost, to USPTO OED a copy of the video within 5 (five) business days. |
| 10.5. Candidate Misconduct During Registration Examination or Review Session |
| a. Testing center personnel shall promptly report all violent, disruptive, or abusive acts, including incidents or allegations of cheating to their CTM and USPTO OED. |
| b. If a candidate appears to be cheating during the registration examination, the proctor must discontinue that candidate’s examination and escort the candidate from the area to avoid disturbing others. The proctor must collect the candidate’s author... |
| i. The proctor must immediately notify the CTM and OED by telephone of the alleged cheating incident. The TCS must keep any evidence related to the cheating incident including surveillance video in a secured area until it is given to USPTO. |
| ii. The CTM must immediately notify USPTO by telephone, followed by written communication, of the known facts relating to the incident, including but not limited to the identity of the proctor(s), the candidate, and any other CTA personnel involved in... |
| iii. USPTO will conduct an investigation. |
| iv. If the allegation of cheating is decided in favor of the candidate, USPTO may instruct the CTA to schedule and administer a new examination, which will be provided at no extra cost to USPTO or the candidate. |
| c. If, during administration of a review session, a candidate appears to be recording the review session materials by any means, the proctor must immediately discontinue that candidate’s review session, note the elapsed time of the session, and escort... |
| i. The proctor must immediately notify the CTM and OED, by telephone, of the alleged incident involving unauthorized recording of review session materials. The TCS must keep any evidence related to the incident including surveillance video in a secur... |
| ii. The CTM must immediately notify USPTO by telephone, followed by written communication, of the known facts relating to the incident, including but not limited to the identity of the proctor(s), the candidate, and any other CTA personnel involved in... |
| iii. USPTO will conduct an investigation. |
| iv. If the allegation of unauthorized recording is decided in favor of the candidate, USPTO may instruct the CTA to schedule and administer a new review session for the duration of time remaining in the previous session, which will be provided at no e... |
| 10.6. Handling Candidate Comments |
| The CTA must provide an opportunity for candidates to enter comments into the computer regarding their registration examination or review session experience/environment as well as the registration examination questions. |
| a. The proctor must not express opinions regarding registration examination questions or answers prior to, during, or after a registration examination or review session. |
| b. If a candidate requests to have a registration examination hand scored, the request must be in the form of a signed letter to OED. |
| 10.7. Duplicate USPTO Test Reports |
| A testing center must provide a candidate only one USPTO Test Report. |
| a. Once a candidate leaves the testing center, upon completion of a registration examination, a duplicate test report must not be furnished by the CTA for any reason. |
| b. If USPTO test report cannot be printed at the time of completion of a candidate’s examination, the testing center must contact the CTA home office. Within 24 hours, the home office must reproduce the test report, seal it with the home office’s offi... |
| 11. Delivery/Performance Time: |
| The expected base period of performance is December 8, 2023 - December 7, 2024. There will be four option periods: |
| Option Year 1: December 8, 2024 - December 7, 2025 |
| Option Year 2: December 8, 2025 - December 7, 2026 |
| Option Year 3: December 8, 2026 - December 7, 2027 |
| Option Year 4: December 8, 2027 - December 7, 2028 |
| 12. Place of Performance |
| 13. Travel |
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