Attachment 5-Vendors Questions_1161796_Services To Docket and Pay Annuities.pdf
PDF 181 KB Posted
- Attached to
- Services to Docket and Pay Annuities for Patents
- Solicitation number
- 1232SA26Q0092
About this file
This document is a Answers to Vendor's Questions for Request for Quote (RFQ) 1232SA26Q0092 issued by the USDA for Services to Docket & Pay Annuities. The RFQ addresses non-US patent annuity payment services covering approximately 142 cases. The contract is structured as a Firm-Fixed-Price agreement in USD, with pricing covering all work required to docket, track, and pay annuity fees, including the fees themselves. The Period of Performance has been extended to cover one year from the date of award, with an amended closing date of February 6, 2026, at 10:00 AM EST. The USDA will answer vendor questions as quickly as possible, up to 24 hours before the closing date.
Key service parameters include: the USDA pays individual annuities annually with monthly contractor payments subject to the Prompt Payment Act; US patent annuities are handled separately by the Office of Technology Transfer and are outside this contract's scope; newly granted non-US patent annuities are initially paid by outside counsel and added to the following year's contract list; and the contractor should alert the USDA immediately if jurisdiction fees change mid-year to allow for contract modification. For China, Korea, and Japan, the contractor may work with the USDA's current agents; for other countries, the contractor's network is acceptable. Contractors must provide their own exchange rate lock-in proposals with supporting documentation. The USDA will not negotiate terms and conditions after award; any exceptions to stated terms must be addressed in the quote itself. Detailed patent portfolio information is available in the attached Due Date List Report Annuities Spreadsheet.
View the file
Other files
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Attachment 5 Request For Quote (RFQ)
1232SA26Q0092 - Services to Docket & Pay Annuities Answers to Vendor’s Questions
• Country (ideally ISO code)
• Origin (whether case is filed nationally or through EP/WO/EA/AP) – by default we will quote as national cases
• Type (Patent, Utility Model, SPC, Design…) – by default we will quote as regular patents
• Application date and number
• Publication date and number
• Grant date and number
• Number of claims for specific countries (ID, JP, KR, PH, VN) – by default we will quote with one claim only Please See Attachment 5 - Due Date List Report Annuities, Spreadsheet.
We have 2 important initial questions at this juncture that we hope you can answer as it will give us much needed clarity.:
I. How long will it take for the USDA to answer the questions that we submit? For instance, if we submit our list of questions on January 21st, how quickly will we receive the responses?
a. Please see the amended closing date, we will answer them as quickly as possible, up to 24 hours before the closing date or amended date.
II. Will we be given access to the specific patents that are the subject of this RFI so that we can provide the USDA with a meaningful quote? If so, when can we receive that access or list?
a. Please See Question Number 12 Below for the Answer.
1. Define Docket – Only docketing the payment reminders?
b. This is for payment of non-US annuity fees, not just docketing the reminders.
2. What is included in the Unit Price?
The unit price is all the work needed to perform the services including but not limited too;
docket, track and pay the fee. The fee itself is part of the not to exceed amount.
a. Each fee varies per country.
b. The only thing that will change between competitors is the amount they charge for their services.
c. Annually, any contractor should have the same total for the annuities that come due.
3. Is the “Not to Exceed” price quarterly or the 2/9/2026 to 12/31/2026 term?
a. This would be the term, and we have moved the Period of Performance (PoP) to cover one year for the date of award.
4. Does the fixed price need to be in USD?
a. Yes, this is being competed as Firm-Fixed-Price in USD.
5. How do you handle US patent annuities?
a. The Office of Technology Transfer (OTT) pays them separately.
To ensure we deliver a comprehensive, and accurate annuities quote with all applicable fees, we’ll need your portfolio in a spreadsheet format.:
1232SA26Q0092 - Services to Docket & Pay Annuities Answers to Vendor’s Questions
6. How will we be notified when a new patent is applied for/issued? And if these become due within the window of the quoted fixed price, will these be an exception?
a. Our outside counsel pays the first annuity for any newly granted non-US patents.
b. After this first payment for newly granted non-US patents’ annuities are paid by our outside counsel, the patent annuity is then added to the following year’s list.
Therefore, it will not be part of the current contract.
7. When will the exchange rate need to be guaranteed and how long will the exchange rate need to be guaranteed.
a. Contractors can provide offers for when the rates will be locked in and what documents will be provided as support.
8. Sometimes a jurisdiction changes the official fee part way through a calendar year. If this occurs, is there an exception to the fixed price requirement?
a. If fees are changed partway through the year the contractor would be responsible for alerting the USDA as soon as they become aware of the increase and with enough time to allow for a processing of a modification to adjust the “Not to Exceed Value”.
9. We have a global network of agents that we work with however, we will work with any agent that the USDA may prefer. Do you anticipate requesting that we work with particular agents or will it be preferred that we utilize our network?
a. This contract is only for payment of the annuity fees.
b. Except for China, Korea, and Japan, it’s atypical to require that annuities to paid by an in-country representative. For those countries, it’s fine to work with whomever they are currently working with.
10. Do you currently pay annuities on a monthly, quarterly, or yearly basis? Is there a preference?
Please describe what “prompt payment” looks like.
a. We pay individual annuities annually, but there are payments made each month. We pay the contractor once a month and the prompt Payment Act applies to the Government payments to the Contractor complying with the Law congress passed.
11. Will you be providing us with the patent matter data so that we can provide a meaningful and accurate quote. If this data is provided will the deadline of January 30th for responses to this RFI be pushed out?
a. The total of the annuity fees will be the same for whichever contractor is awarded the contract. It is not a variable in the contract equation, even if we don’t know the exact number.
b. The variable cost will be what the contractor is charging for their services.
c. Yes, the deadline for responses will be pushed out to the amended date of 02/06/2026 at 10:00 am EST.. Please see the amended closing date in the announcement. We will answer questions as quickly as possible, up to 24 hours before the closing date or amended closing date.
1232SA26Q0092 - Services to Docket & Pay Annuities Answers to Vendor’s Questions
1. Please confirm that if awarded, the parties will work to negotiate the terms and details of the final agreement, including vendor terms.
a. The terms and conditions are provided in the combined synopsis solicitation. If a contractor takes exception to any term or condition that must be addressed in the quote. This would not be negotiated after an award is made.
2. Please clarify the renewal scope for this bid: does it cover the 142 cases from the pricing table only, the full USDA patent portfolio, or another subset of cases? Accurate annual case volume is essential for us to provide precise industry-aligned pricing.
a. This is for non-US based patents. We believe the spreadsheet provided is complete.
3. To ensure our pricing analysis is accurate and comprehensive for the 142 noted cases, could you please provide a detailed breakdown including the country of filing, patent type (e.g., utility, design), and the annuity year (age of the patient) for each?
a. Please See Attachment 5 - Due Date List Report Annuities, Spreadsheet.
Will you be responding to these questions as they come in, or waiting until the deadline of January 28th?:
File details come from the government source that posted it. Updated .