Amendment_0001_to_RFP_11.1.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

11/01/2019

4. REQUISITION/PURCHASE REQ. NO.

135P2001439

5. PROJECT NO. (If applicable)

1333BJCODE

Office of Procurement US Patent and Trademark Office PO Box 1450-Mail Stop 6 600 Dulany St.,MDE, 7th Floor

ALEXANDRIA, VA 22313-1450

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

1333BJ20R00151002

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

10/10/2019

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 11)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning ____ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

This solicitation amendment contains responses to offeror questions. In addition, this amendment revises the solicitation (in track changes), including the Statement of Work, Instructions to Offerors, and Attachment 1. The due date for proposals is extended until 2 PM EST on November 19, 2019.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

X

Question No. Reference Question Answer

RFP Section: H, Page:51 The requirements for both key positions reference experience leading “a program similar in size and complexity as Search Services”

Question: Was this meant to be “Knowledge Management Services”?

Yes. The program and deputy program manager must have demonstrated the ability lead a program similar in size and complexity as Knowledge Management Services. Please see the revisions to page 51, Section 1352.237-75 “Key Personnel (Apr 2010) for the demonstrated ability for the program manager and deputy program managers.

RFP Attachment 1 – Labor Category Descriptions, Page: 102

The Deputy Program Manager qualification mentions a degree in Library Science.

Question: Given that training constitutes a major portion of the SOW requirements, would a degree in an education or instruction field be considered equivalent?

It is the Offeror’s responsibility to determine the educational qualifications to meet USPTO’s requirements. The Deputy Program Manager may have a relevant degree or certification to that of the Program Manager. See revisions to the Deputy Program Manager educational requirement within Attachment 1 – Labor Category Descriptions, page 102.

3 RFP Section: Section L, Factor C:

Past Performance, Page: 92

Question: Will the Government please confirm that an offeror may rely on the past performance of sister companies that will meaningfully contribute to performance of the Knowledge Management Services contract, so long as the relationship with the sister company was not the result of a recent acquisition or merger?

Rationale: The RFP Past Performance instructions lead to two major conclusions:

1. The Government will permit offerors to cite the past performance of sister companies that will meaningfully contribute to performance of the Knowledge Management Services contract, so long as the relationship with the sister company

If applicable, for a prime contractor reference, Offerors may provide one

(1) reference of a parent or affiliated or predecessor company to an Offeror (including Joint Venture prime partner companies and/or a parent or affiliated company that is being otherwise proposed as a subcontractor on this effort) where the firm’s proposal demonstrates that the resources of the parent or affiliate or predecessor will affect the performance of the Offeror. The Offeror shall demonstrate that the resources of the parent or affiliate or predecessor company (its workforce, management, facilities or other resources) shall be provided or relied upon for contract performance such that the parent or affiliate or predecessor will have meaningful involvement in contract performance.

was not the result of a recent acquisition or merger (per Section L, Factor C: Past Performance at page 92). Permitting sister company past performance notably increases the range of competition the government will receive. The Government contracting rules specifically endorse crediting an offeror’s sister company past performance where the offeror’s proposal demonstrates that the resources of the affiliated company (e.g., workforce, management, facilities, or other resources) will be meaningfully contributed to contract performance.

As GAO found in GM–Bulltrack, B- 414591.6 (Comp. Gen. Oct. 30, 2018): “An agency properly may attribute the experience or past performance of a parent or affiliated company to an offeror where the firm's proposal demonstrates that the resources of the parent or affiliate will affect the performance of the offeror” [emphasis added].

Additionally, the offeror here must meet both of these: (a) have an average revenue less than $16.5M; but (b) currently perform contracts valued at no less than $3M per year times 3 references ($9M/year to satisfy the relevance requirement). Without sister company past performance, the pool of potential bidders would be unduly small, limited to companies that are robust enough to attract tens of millions in total contract value but that happen not to have yet exceeded an average of $16.M per year.

Permitting appropriately substantiated sister company past performance may be the only way to obtain the level of competition necessary to run a robust procurement.

Section: B Pricing Schedule, Page 7, Note 1

“Program Management hours are to be distributed at the discretion of the Contractor across all CLINs”

Question: Are PM hours reflective of all PMO associated activities or just the PM and DPM?

The total hours associated with each CLIN for the base and all options includes all of the activities for the Program Manager and Deputy Program Manager.

RFP Section: Vol II Business Proposal, Page: 94

“Offeror’s business proposal should also show the components (direct and indirect) that make up the fully burdened rates.”

Question: Should this be provided in excel in Offeror’s own format?

Offerors are not required to show the components (direct and indirect) that make up the fully burdened rates. However, Offerors are to ensure that rates are fully burdened. See revision to Section L “Instructions, Conditions, and Notices to Offerors, Volume II-Business Proposal.

RFP Section: Vol II Business Proposal, Page: 94

“Offeror’s business proposal should also show the components (direct and indirect) that make up the fully burdened rates.”

Question: Are subcontractors required to provide the direct and indirect components of their rates?

No. See response to Question #5 above. See revision to Section L “Instructions, Conditions, and Notices to Offerors, Volume II-Business Proposal.

7 RFP Section: Vol II Business

Proposal, Page: 94 “If subcontractors are proposed, a separate price buildup (by CLIN) should also be submitted for each proposed subcontractor, and these prices should also be included in the Prime’s total price for each CLIN.”

Question: Is this referencing Section B Pricing Schedule for “Prime’s total price”?

Section B should be the Prime’s total price inclusive of any subcontractor or teaming partner pricing. Attachment 1 will be used to differentiate between the Offeror’s proposed hours, labor hour and pricing and that of any proposed subcontractor or teaming partner.

8 RFP Section: Vol II Business Proposal, Page: 94

“In the master buildup for each CLIN, it should be clear which costs are associated with the prime and which costs are associated with subcontractors.”

Question: How should the Attachment 1 be modified to differentiate Prime vs. Sub or should this be submitted separately from Attachment 1 in our format?

Attachment 1 has been modified accordingly to help differentiate Prime

vs. Sub cost. See revision to Attachment 1.

9 PWS Reference Section 5. Task 5.1 Perform Training Services, Sub section (c)

The ITRPs will deliver training and support for commercially available desktop products (such as Microsoft Office) as well as USPTO specific software/hardware. Contractor training on commercially available products will be ready to be delivered upon completion of the transition period. The Contractor will ensure that all requirements for training of USPTO custom software/hardware are met within four (4) months of the completion of the transition period. Questions:

Can the Government please clarify, the actual transition period in days— is it 45 days or 4 months=120 days?

The 45 day period is the transition period from the current contract to the new contract in which the Offeror is fully ready to start performance on all task areas of the requirement. The four (4) month period is the time needed for an ITRP to become fully certified to provide training under Section 5.1.

PWS Reference Section 5. Task 5.1 Perform Training Services, Sub section (a)

Question: Can the Government provide an estimated time (in hours) to complete the necessary Information Technology Resource Provider (ITRP) program?

The estimated time to become a fully certified ITRP to provide training is four (4) months (120 business days) based on 8 hours of work per day.

This equates to 960 hours.

General Can the Government specify what Library Management System (LMS) and Help Desk Software are they currently using?

The current library system is Horizon Integrated Library System (ILS).

The Help Desk software is a custom system developed in house.

General To ensure we capture core communication processes and understand USPTO business processes. Can the Government provide USPTO Organizational chart, the contract identified a number of stakeholders?

The USPTO organizational chart is not needed for proposal submission.

However, the USPTO organizational chart can be provided upon contract award.

Attachment 1 Can we propose a combination of FTE and PTEs staff as a part of Level of Effort? Or the Is it the Government’s intention to only have FTEs for the project?

Yes, one (1) FTE is equal to 1896 hours. Offerors may propose a combination of FTE and PTEs staff as long as the 1896 hours are not exceeded and services are not impacted.

PWS Reference Section 5.2.1 Regional Office Training Support

Can the Government clarify, if our trainers are required to travel to provide training to USPTO staff located at Regional Offices?

Each Regional Office should have a permanently stationed Contractor employee. The Contractor shall be responsible for choosing a contractor employee “best qualified” to travel to each Regional Office location to provide support for the starting or opening of new academies. See Section 5.2.1(c) and Section B’s notes for CLIN 0003 regarding travel.

15 General Is there an incumbent and what is incumbent contract # and value.

The incumbent is AS AND D, LLC. The current contract is an IDIQ with much larger scope than is anticipated by this contract. The estimated value of the IDIQ is roughly $17 million per year. Please note this requirement has been revised from the current incumbent’s contract. IDIQ number is

DOC50PAPT0701001.

16 Section L Does the SCA Wage apply? No, the Service Contract Act does not apply based on the proposed labor categories.

17 Section L As a potential prime, we do not have references that are greater than $3m. Would references from a 1st Tier sub meet this requirement?

The potential prime may submit only one (1) reference as a 1st Tier subcontractor. The solicitation clearly states “two (2) of the five (5) contract references, must be for work that the Offeror performed and completed as a prime contractor. One of the five (5) contract references can be where the Offeror served as a 1st Tier subcontractor. The remaining two (2) contract references may be submitted from the Offeror’s teaming partner.” However, the contract value for all references is reduced from $3,000,000 or more per year to $1,000,000 per year over the life of the contract. The required threshold per year are substantially lower than the estimated contract life of this procurement and reasonable in relation to this being a total 8(a) small business set aside. See also the response to question #3.

18 Section M Would no past performance from the prime offeror be considered a negative factor during evaluation?

No. Offerors with no past performance will receive a rating of “neutral”.

PTO-19 “Evaluation of Past Performance Information, paragraph (b) states “Offerors who have no relevant past performance history will not be evaluated either favorably or unfavorably on past performance.”

19 Section M How does a rating of Neutral on Past Performance effect the evaluation for potential award

The factors are listed in descending order of importance with past performance being last. Neutral is neither negative nor positive.

20 Section M Is this LPTA No, this is best value. Please see page RFP Section M.

21 Section L, Factor A, page 90 Could the Government please confirm how many resumes are required for proposal submission? Page 90 states 3 key personnel resumes; however, page 51 refers to only 2 key personnel (Program Manager and Deputy Program Manager).

The Offerors are to submit resumes for the Program Manager and the Deputy Program Manager. The (3) on page 90 is not reflective of the number of key personnel, but rather the third part in a list of things to be submitted by the Offeror.

22 Section L, Factor B, page 92 The third bullet point for the Transition Plan states that offerors must address “The priorities and timelines for the transitioning of specific services…” Are there any “specific services” not described in the SOW? In other words, would

The Government has clearly defined its requirements to ensure all interested Offerors have a fair opportunity.

the incumbent contractor have an unfair competitive advantage by knowing what “specific services” the Government is requesting offerors to address, that are not described in the SOW?

23 Section L, Factor C, page 92 Could the Government reconsider the requirement for the prime contractor to submit 3 contract references, each with a minimum contract value of $3 million annually? This severely restricts the competitive base, seems to be a requirement only a few number of 8(a) firms would be able to meet, and is an unfair competitive advantage for the incumbent contractor and other large Alaskan Native Corporations.

The past performance threshold for all contract references have been reduced from $3,000,000.00 to $1,000,000 or more per year over the life of the contract. See response to Question #17.

24 Section L, Factor C, page 92 If offerors submit past performance contract references that are less than the required $3 million per year contract value threshold, would those references not be given any consideration, or otherwise would automatically be rated as “low confidence?” In other words, is it possible for a past performance reference with an annual value of less than $3 million to receive a rating of “confidence” or high confidence?”

See responses to Questions #17 and #23. In addition, all contract references must meet currency and relevancy as stated in the solicitation

25 Section L, Factor C, page 93 If offerors state that they “cannot submit the requisite number of references,” what rating (i.e., high confidence, confidence, low confidence, neutral) would the offerors receive? If none of these ratings, how would such as statement be evaluated?

The references submitted will be evaluated and the missing references will be considered neutral. The evaluated references and the neutral references will be considered together when assigning an overall rating.

26 Section L, Factor C, page 93 If in the case that an offeror states they “cannot submit the requisite number of references,” would that offeror’s overall evaluation be rated higher than in the case that a relevant past performance reference has an annual contract value of less

See response #25.

than $3 million? In other words, would having no past performance be rated higher than relevant past performance valued at less than $3 million annually?

27 H, PTO-19, paragraph b, page 46 This paragraph states “Offerors who have no relevant past performance history will not be evaluated either favorably or unfavorably on past performance.” Does this mean that in this case, offerors would receive a rating of “neutral?”

Yes, the Offeror will receive a neutral rating. See the USPTO’s rating scale for Factor C.

28 Section M, Rating Scale for Factor C, page 100

Is a score of “neutral” rated higher (better) than a score of “low confidence?”

Yes

29 Section M, Rating Scale for Factor C, Page 100

Will the Government rate each past performance contract reference individually?

Yes. Each past performance will be reviewed individually and then considered together for a single rating.

30 Section M, Rating Scale for Factor C, page 100

In order to receive a single rating for Factor C, will the Government rate each contract reference individually and then take an average of the ratings of each of the five contract references to obtain a single rating?

Yes. Each past performance will be reviewed individually and then considered together for a single rating. We are using an adjectival rating so there are no numbers for an “average”.

31 Section M, Rating Scale for Factor C, page 100

If the Government will take an average of all past performance references to obtain a single rating for Factor C, would all references be weighted equally? In other words, would there be a reason why one past performance reference’s rating would be weighted more than another’s?

A past performance may be weighted higher if it is more relevant and more similar in size and scope to the current requirement. See also response to #29 and #30.

32 Attachment 1, Section M, Rating Scale for Factor C, page 100

Would a returned past performance questionnaire (Attachment 11) that demonstrates an overall “Excellent” rating elevate the rating for a contract that is less than $3 million in annual contract value? In other words, would it be possible for an “Excellent” rating on a past performance questionnaire to allow the past performance reference of less

All references must meet the required currency, relevancy and dollar threshold as stated within this solicitation. In addition, the past performance threshold for all contract references has been reduced from $3,000,000.00 to $1,000,000.00 or more over the life of the contract. See responses to Questions #17 and #23.

than $3 million annually, to receive a score of “confidence” or “high confidence?”

Attachment 1 Please confirm the total hours under the CLIN 1 Training Hdqrt worksheet (Column F and J) should not exceed 123,872 hours.

Yes. This is correct. The total hours for CLIN1 Training Headquarters should not exceed 123,872 hours. Also, please see response to Question #4.

Attachment 1 Please confirm the total hours under the CLIN 2 Training Denver, CLIN 2 Training Detroit, CLIN 2 Training Dallas, and CLIN 2 Training San Jose worksheet (four worksheets totals) should not exceed 7,584 hours across all four locations?

Yes. This is correct. The total hours for CLIN 2 Training Denver, CLIN 2 Training Detroit, CLIN 2 Training Dallas, and CLIN 2 Training San Jose should not exceed 7,584 hours. Also, please see response to Question #4.

Attachment 1 Please confirm that there are no permanently-stationed contractor employees required at each of the regional locations, but rather that contractors will travel to each location as needed.

Each Regional Office should have a permanently stationed Contractor employee. However, due to the starting or opening of new academies, the Contractor is responsible for choosing a contractor employee “best qualified” to travel to each Regional Office location to provide support.

See Section 5.2.1(c) and Section B’s notes for CLIN 0003 regarding travel.

Section B, CLIN 0003AA, page 5 Regarding CLIN 0003AA, SOW section 5.5 only refers to Travel and does not mention any separate training tasks associated with that CLIN. Can the Government clarify what CLIN 0003AA, 768 hours refers to? What area of the SOW does these hours map to?

CLIN 0003AA and its associated hours refer to Section 5.2.1(c) “Regional Office Training Support “of the SOW. See revision to Section 5.2.1 “Regional Office Training Support”.

Section B, CLIN 0003AB, page 5 Regarding CLIN 0003AB, the SOW section 5.5 only refers to Travel and does not mention any separate training associated with that CLIN. Can the Government confirm that offerors are not to price this CLIN, given that the amount of travel over the period of performance is not yet determined?

Travel needs are not yet determined. Therefore, Offerors are not to price CLIN 0003AB. In the event of travel, all travel expenses claimed must adhere to Federal Travel Regulations.

Section B, CLIN 0003AB, page 5 If offerors are to provide pricing for CLIN 0003AB, will the Government provide a plug number?

Travel needs are not yet determined. See response to Question #37.

39 Section B, Page 5-7 Please note that the tabs in the spreadsheet seem to be marked incorrectly as the tab that reads “CLIN 3 Library Services” may be better labeled as “CLIN 4 STIC” and the next being “CLIN 5 TMLL”.

Attachment 1’s tabs have been correctly labeled to read “CLIN 4 STIC Library Services” and CLIN 5 “TM Library Services”

40 SOW 5.1, paragraph (n), page 12 This paragraph states “Teams of ITRPs will be required…” How many Teams are in total?

The number of teams are determined by the contractor, with input from the Government, based on fluctuating training and support needs. For example, if USPTO hiring of new examiners increases, then more teams of trainers are needed to support the new hires. It is expected that cross-training occurs between contract trainers so that all USPTO instructional needs are met.

41 SOW 5.1.1, paragraph (b), page 13 This paragraph states “The training needs assessment shall clearly define the USPTO business goal…” Are these business goals currently documented?

The USPTO business goals are stated in the “2018-2022 Strategic Plan” available at https://www.uspto.gov/sites/default/files/documents/USPTO_2018- 2022_Strategic_Plan.pdf.

42 SOW 5.1.1, paragraph (d), page 13 This paragraph states “The Contractor shall prepare white papers and/or reports…” Is there a minimum number of white papers/reports required?

No. White papers and/or reports may be requested or provided by the contractor on an ad-hoc basis. See revision to Section 5.1.1(d).

43 SOW 5.2.1, paragraph (a), page 18 This paragraph states that the Contractor is “to provide the same level of service as expected in the Alexandria office.”

Does this mean the same/similar number of staff at each location?

No. This means that instructional services/support provided on the Alexandria campus are equally available to USPTO staff in the regional offices by the regional trainer or virtually via collaboration tools. See responses to Questions #14, #35, and #47.

44 SOW 5.2.1, paragraph (b), page 18 This paragraph states that the Contractor “shall also provide additional support as needed…” Does this refer to having contractor staff travel to the regional offices or hire additional staff at the regional offices?

A Contractor staff from Headquarters or any Regional Office will travel to provide support to the opening or starting of new academies. See responses to Questions #14, #35, and #47.

SOW 5.2.1, paragraph (e), page 19 This paragraph states that “each Regional Office instructor is fully trained…” which implies there is one instructor at each of the four regional offices. The total hours for CLIN 0002 (7,584) also implies there is one instructor at each of the regional offices. However, paragraph (e) also states “…allowing that instructor to act as the lead trainer in that Regional Office.” The term “lead trainer” implies there is more than one trainer/instructor at each regional office, one being the lead. Can the Government clarify how many trainers are required at each of the Regional Offices?

There is only one (1) permanent Contractor staff at each Regional office.

This permanent Contractor staff is the lead for its respective Regional office. As new academies start or open, a second instructor travels to provide support.

SOW 5.3.7, paragraph (b), page 23 This paragraph states “The Contractor shall provide coverage at both sites assisting customers on an as needed basis…” Could the Government confirm that contractor staff are not required to support the STIC Concourse library and the STIC reference desk with full time coverage (i.e., 8am to 5pm M- F), per the term “as needed.”?

The Contractor’s staff are required to support the STIC Concourse Library and the STIC reference desk with full time coverage (i.e. 8 am to 5pm; M- F). See revision to Section 5.3.7(b).

SOW 5.5, paragraph (a), page 27 This paragraph states “Travel expenses may be authorized under this contract only to support the Regional Offices of Dallas, Denver, Detroit and San Jose…” Can the Government clarify that there are no full-time contractor staff to be located at each of the regional offices, but that contractor staff will travel to each regional office on an as needed basis?

Each Regional Office should have a permanently stationed Contractor employee. However, due to the starting or opening of new academies, the Contractor will be responsible for choosing a contractor employee “best qualified” to travel to each Regional Office location to provide support.

See Section 5.2.1(c) and Section B’s notes for CLIN 0003 regarding travel.

See responses to Questions 35, 36 and 37.

SOW 5.6.1, paragraph (d), page 27 This paragraph states “The Contractor shall incorporate termination dates of existing Contractor performance periods and USPTO planned major project dates.” Are these “USPTO planned major project dates” required for the offeror’s Training Plan as part of proposals under Factor B?

Project dates are unknown at this time. In addition, this information is not necessary for proposal submission. Therefore, it is removed from the requirement. See revision to 5.6.1(d).

If so, does this not give the incumbent contractor an unfair competitive advantage as non-incumbent offerors would not have this information? Will the Government provide the USPTO planned major project dates or remove this requirement?

49 SOW 5.6.1, paragraph (f), page 28 This paragraph states “The Contractor shall ensure that all necessary personnel actions, appropriate training (including any required certifications) …” However, the Labor Category descriptions (Attachment 1) do not refer to any specific certifications but rather, refer to “relevant certifications.” Are there any specific certifications required for any of the labor categories?

It is the Offeror responsibility to determine the educational/certification qualifications to meet USPTO’s requirements.

50 SOW 5.6.2, paragraph (b), page 28 Was the incumbent contractor required to submit a Transition-Out Plan and will the new incoming contractor be provided with this Transition-Out Plan upon contract award?

No. A transition out plan is not a requirement under the current contract.

51 SOW 11, paragraph (b), page 30 This paragraph states “Alternate or Telework- Upon award of the contract, the USPTO will make a determination of positions under specified tasks that may be telework eligible.” May we ask under what criteria does the Government determine if a position is eligible for telework?

This would impact our pricing. If the incumbent currently has knowledge of what positions are telework-eligible and which are not, does that not give them an unfair competitive advantage as it affects pricing?

There are no off-site positions. The place of performance is the United States Patent and Trademark Office (Alexandria and Regional Offices campuses). A Contractor employee may be eligible to telework at an alternate location (Contractor’s employee home) at the discretion of the Contracting Officer Representative (COR). However, not all tasks under this requirement are telework eligible. The criteria(s) for telework includes, but are not limited to, inclement weather, supporting regional offices on different time zones and special projects. See Revision to Section telework language Section C: 11 “Place of Performance”.

Attachment 3, page 112 Are there a dedicated number of contractor staff to be assigned to each of the three divisions (i.e., EICD, CSD, KEMD)? If so, how many?

This information may be considered proprietary to the incumbent contractor’s solution. The requirements have been revised from the current contract requirements. As a result, USPTO is looking for new and innovative ideas that will provide cost savings, improvements and efficiencies. Therefore, it is the responsibility of each Offeror to provide the necessary number of staff needed to fulfill the current requirements.

Attachment 8, line 12, page 123

This section states the requirement for “A monthly report of the certification status of each trainer.” What certification does this refer to? Does this refer to the COR/TOM/GM validating that the ITRP has demonstrated mastery of required skills sets per QASP Task 5.1.5, page 134.

The Offeror is expected to perform its own certification program for its trainers on commonly used hardware/software as agreed upon after award.

Once the contract trainer has completed the contractor internal certification program, the contract trainer will be evaluated by the COR/TOM/GM for readiness to provide classroom instruction.

Attachment 9, page 127 and 128 The QASP refers to the “Automation Training Services” contract, while the SOW refers to “Training and Library Services.” Can the Government confirm that the Automation Training Services Contract is the same as the “Training and Library Services Contract”?

Yes. The Automation Training Services is part of the “Training and Library Services” contract.

QASP Attachment A, Addenda 2, This section states “Grandfathered documents - Any products developed previously that have not been revised or audited since the start of the IRIS contract are grandfathered from this requirement – until further revisions occur.” Could the Government clarify that the IRIS contract refers to the current incumbent contract, and that the awarded contractor will be provided these “Grandfathered documents” upon contract award?

The IRIS contract refers to the current incumbent contract. The awardee of the new Training and Library Support Contract will be provided the “Grandfathered documents” upon contract award.

Page 92, Factor C: Past Performance, Paragraph 4.

Will the government consider removing the requirement for the referenced contract value to be at least $3,000,000 per year? This requirement is restrictive and will limit competition. An 8a company with 2 contracts valued at $3M

The past performance threshold for all contract references have been reduced from $3,000,000.00 to $1,000,000.00 or more over the life of the contract. See responses to Questions #17 and #23.

“For all references, the contract value must be at least $3,000,000 or more per year over the life of the contract” or more per year over the life of the contact, assuming a 1 year with four option year term, with all operation years exercised, would have exceeded the size standards for the 519120 NAICS ($15M). As such, the contractor would be ineligible to bid on this effort because they would have exceeded the size standard for this NAICS Code.

Section L, page 91 Can resumes be placed into a table format? Resumes may be submitted in a table format as long as the Offeror does not exceed the 35 page limitation for Technical Approach and the resumes can be read and understood.

Section L, page 91 Will the Government consider removing resumes from Volume I page count?

No. USPTO will not remove “resumes” from Volume I page count.

Section L, page 92 Will the Government please confirm a table containing the current points of contact (Contracting Officer, COTR, Task Order Manager, etc.), point of contact’s telephone number, fax number, email addresses (if available), contract title (if applicable) contract number, contract type, period of performance, and dollar amount do not count in the past performance page limitation?

The ten (10) page count limitation for past performance does include the following information for each reference:

• Current points of contact (Contracting Officer, COTR, Task Order Manager, etc.)

• Point of contact’s telephone number, fax number, email addresses (if available),

• Contract title (if applicable) contract number, contract type, period of performance, dollar amount,

• Capacity in which work was performed as prime or subcontractor and description of work performed

Section L, page 95 Will the Government remove the requirement for a Conflict of Interest plan if the Offeror can provide a statement verifying no conflict exists?

No. The Government will not remove the requirement for “conflict of interest”. Conflicts (i.e. changing subcontractors/teaming partners;

employees; new requirements in which a vendor may have inside knowledge) may arise throughout the entire period of performance of the contract.

61 Section L, page 90 Will the Government confirm that the title page and table of contents do not count towards the page limit for Volume I – Technical Proposal?

The Offeror’s submission may contain a one (1) page title page and a one

(1) page table of contents. The title page and the table of contents are excluded from the page limitation for Volume 1: Technical Proposal. See revisions to Section L “Instructions, Conditions, and Notices to Offerors”.

62 Section L, page 90 Will the Government please remove the double-spacing submission requirement for the technical volume?

The spacing requirement for the submission is single-spaced. However, the Offeror must comply with all other instructions and conditions for proposal submission. See revisions to Section L “Instructions, Conditions, and Notices to Offerors”.

63 Will the Government please confirm the NAICS code and size standard for this opportunity?

519120 NAICS, $16.5M. See updated 2019 size standards.

L, Factor A, page 90

The RFP states that the page limit is 35 pages "inclusive of [...] key personnel resumes (letters of commitments for proposed Key Personnel)." Can the Government clarify if letters of commitment are to be considered part of the resumes? If letters of commitment are not considered part of the resumes, are they to be included for purposes of page count? i.e. are letters on intent included in the 2-page limit for resumes?

Yes. Resumes and Letter of Commitments of Key Personnel are included in the 35 page limitation for Volume 1: Technical Proposal. See Revision to Section L “Instructions, Conditions, and Notices to Offerors”.

1352.237-75, pg. 51; Attachment 1

The qualifications listed in Attachment 1 for the Program Manager and Deputy Program Manager are more detailed and restrictive than those listed in Sec. 1352.237-75. Can the government clarify the minimum qualification requirements?

Attachment 1 expands upon the qualifications of the Program Manager and the Deputy Program Manager in the SOW, Section 1352.237-75 “Key Personnel”. The Government’s minimum qualifications are specified within both Attachment 1 and the SOW. Therefore, it is the Offeror’s responsibility to determine the qualification/certification/experience levels needed to meet the requirements.

1352.237-75, pg. 51; Attachment 1

Will the Government allow librarianship and a 4-year undergraduate degree outside of library science (i.e. business administration) be accepted for the Deputy Program Manager education qualifications?

It is the Offeror’s responsibility to determine the educational qualifications to meet USPTO’s requirements. The Deputy Program Manager may have relevant degree or certification to that of the Program Manager. See response to Question #2.

L, Factor B, p 91

Section (a) of Factor B states that the offeror is to identify which employees are employed by the prime and which by the team members/subcontractors. Does this requirement refer just to the proposed key personnel (i.e. the Program Manager and Deputy Program Manager), or are we to extend this to the whole project?

The Offeror is responsible for identifying all employees (whole project) employed by the prime and any teaming partner/subcontractor in which there is a clear delineation of employees of the prime and employees of the teaming partner/subcontractor.

L, Volume II, p. 94

In reference to the requirement to show components that make up the fully-burdened labor rates, we have 2 questions:

1) Is the government requesting the full breakdown show the percentages/allocations for each or just the component names allocated to direct/indirect?

2) Are subcontractors required to provide this information as well?

The Offeror is not required to provide a full breakdown of the components of its proposed rates. However, proposed rates of the Offeror or the Offeror’s teaming partner must be fully burdened. See responses to Questions #5 and #6 and revision to Section L “Instructions, Conditions, and Notices to Offerors, Volume II-Business Proposal.

L, Volume II, p. 94

Does the government want subcontractors to submit their price proposal separately showing the components of our direct/indrect cost build up directly to the government? Or does the government expect the prime to submit everything in one submission

Proposals are to be submitted electronically. Therefore, the Offeror is to submit one submission in response to this solicitation. See responses to Questions #6 and #68.

70 Pricing Schedule, Note 3:

transition; page 8

Does the Government intend for the transition-in period to start on April 1, 2020, 45 days before the May 15 start of the contract?

Transition is from May 15 to August 15.

71 Section L, page 91 How many days will be provided to the awardee between contract award and transition start date?

See response to Question #70.

C2, objective. Page 9 Are the full range of STIC library services (search, translation, reference delivery, etc.) provided to staff in regional offices?

No. From time to time, the staff at the Regional Office may have to provide limited range of STIC Library services (translations, reference delivery, etc.) support. The limited support does not include any search services as outlined in Section C.5.4.4 “Perform Trademark Law Library Research and Customer Services” under this requirement. See revision to Section C; 5.2 “Training & Limited Library Services Support- Regional Offices”.

5(g), page 11 How many new USPTO specific software tools were delivered or enhanced during FY16, FY17, and FY18? How many commercially-available products were introduced to the Patent Examiner corps during the same three years? What are the names of these tools?

USPTO delivered or enhanced two (2) specific software tools during FY16 to FY18. During the same time period, the USPTO migrated from Windows 7 to Windows 10 and MS Office 2013 to MS Office 2016. All Microsoft products associated with these software upgrades were supported.

74 5 (n), page 12 In general, how many labs can a team of ITRPs support? Typically, there are 2 ITRPs per lab. Team sizes can fluctuate based on the number of labs.

5.2.1, section e - Regional Office training support, page 19

The section mentions an instructor being allowed to act as the lead trainer in a Regional Office. The pricing schedule seems to indicate that there is one ITRP in each Regional Office. So, is this section stipulating a higher level of training for the one ITRP assigned to a Regional Office?

Yes.

5.3.1 – Cataloging and Information Organization (a), page 19

How many bibliographic records were created in FY16, FY17, and FY18?

FY16 FY17 FY18*

Bibliographic Records Created 12,040 1,728 251,430

* Many of these records were created using the batch features of MarcEdit

77 5.3.1 – Cataloging and Information Organization (a), page 19 How many bibliographic records were edited in FY16, FY17, and FY18?

FY16 FY17 FY18*

Bibliographic Records Edited or Deleted 37,824 16,404 192,683

*Many of these records were edited or deleted using the batch features of MarcEdit

78 5.3.2. Physical collection inventory and maintenance (a), page 19

Does the contractor maintain physical collections in all of the EICs as well as the Main STIC collection?

The Contractor will be required to catalog, process (label, barcode, bind, etc.), and inventory all books in the Main STIC collection as well as the EICs; however, the Contractor will only be responsible for other maintenance responsibilities such as shelving, shelf-reading, etc. for the physical Main STIC collection.

79 5.3.2. Physical collection inventory and maintenance (d), page 20

How many serial titles are still received in print? Are all of them bound annually?

STIC currently receives 115 print serial titles. 63 of these are currently bound annually.

80 5.4.1 TLL Cataloging and Information Organization (b), page

How many records were created and edited for library materials during the following years: FY16, FY17, and

FY18? FY16 FY17 FY18

Bibliographic Records 232 716 1754

81 5.5 Travel, page 27 Under what circumstances would staff be traveling to regional Offices? Would a staff member physically go to the

Staff will travel to Regional Offices to support the starting and opening of new academies. See Responses to Questions #14, 35, 45, and 47. If a

Regional Office to fill in for a colleague who was out for a vacation or extended period?

Regional Office ITRP is on extended leave during the opening or starting of a new academy, an ITRP from Alexandria or Regional Offices campuses may be required to travel to provide the needed support. This will be determined on a case by case basis.

82 Attachment 6 – Historical volumes of training areas, page 120

Is the data listed under FY2016, FY2017, and FY2018 the number of classes or the number of learners?

In Attachment 6 “Historical volumes for training areas”, the data listed under FY2016, FY2017, and FY2018 is the number of classes.

83 General Can lists provided in the technical write up be single-spaced? Yes. Please see response to Question #62.

84 B Pricing Schedule, Page 7 and Labor Category and rates, page 110

On page 7 of the RFP, Note 1, bullet 6 says “Attachment 1 will be used to price the following task area, which comprise CLINs 0001 through 0006, and corresponding option CLINs.” However, when you open Attachment 1, there are only tabs for CLINs 0001-0004 (of which CLIN 0004 says “CLIN 4 – TMLL” where CLIN 0004 in the RFP is STIC not TMLL. Will the Government please provide CLIN 5 and

CLIN 6?

Additionally, will the Government please confirm the correct areas associated with each? i.e. TMLL for CLIN 4 or 5, STIC for CLIN 4 or 5?

Yes. Please see revised Attachment 1. Also, See response to Question #39.

Pg. 11 Section (d) Will the development of the 508 materials be done in conjunction with the USPTO's Digital Media Lab?

The USPTO’s Digital Media Lab only handles 508 compliance for digital media such as computer-based training (CBT) modules and videos. 508 readability for all other training materials will be handled by the contractor via the ITRPs.

Pg. 13 Section 5.1.2 Would approaches including the Adcar Method and organizational design be acceptable/desirable for this requirement?

The Offeror may propose any training approach as long as the approach meets the instructional needs of the Government.

Pg. 27 Is Change management a key part of the transition plan?

Change management is not part of the transition plan. The contactor staff will coordinate with all USPTO staff on any changes or process that results from a new contract.

88 pg. 97 Section 52.212-2 In the technical evaluation are all three bullets weighted equally?

The factors are listed in descending order of importance, but the bullets (sub-factors) within each factor are weighted equally.

89 pg. 98 Section 52.212-2 In the Management plan evaluation are all three bullets weighted equally?

Yes, see response to 88.

pg. 97 Section 52.212-2 Can you describe the risk factors that should be addressed here?

The USPTO will take into consideration the Offeror’s response to determine if the Offeror has an understanding of the requirements and any potential to cause disruption of schedule or degradation of performance.

pg. 16 Section 5.1.5 Is this section referring to the tradition Search Strategy

Expert (SSE role)?

Yes.

pg. 16 Section 5.1.5 If the requirements include what has been the SSE role, which Labor Category would the SSEs fall into?

It is the responsibility of the Offeror to determine the appropriate labor category for the SSE.

93 Section L, page 91 Can resumes be placed into a table format? See response to Question #57.

94 Section L, page 91 Will the Government consider removing resumes from Volume I page count?

No. Resumes are included in the Volume 1 page count. See response to Question #64.

95 Section L, page 92 Will the Government please confirm a table containing the current points of contact (Contracting Officer, COTR, Task Order Manager, etc.), point of contact’s telephone number, fax number, See response to Question #59.

email addresses (if available), contract title (if applicable) contract number, contract type, period of performance, and dollar amount do not count in the past performance page limitation?

United States Patent and Trademark Office

KNOWLEDGE MANAGEMENT SERVICES

Training Support and Library Services

10/1011/1/2019

Table of Contents (Page numbers are associated with the internal page numbers beginning with the previous page.)

A Solicitation/Contract Form B Pricing Schedule C Statement of Work D Packing and Marking E Inspection and Acceptance F Deliveries or Performance G Contract Administration Data

Contracting Officer's Authority H Special Contract Requirements I Contract Clauses J List of Attachments K Representations, Certifications, and Other Statements L Instructions, Conditions, and Notices to Offerors

Factor A: Technical Approach Factor B: Management Plan (NTE 10 pages) Factor C: Past Performance

M Evaluation Attachments………………………………………………………………………………………………………...103

A Solicitation/Contract Form

See cover page.

B Pricing Schedule

The Contractor shall provide all labor required to support the tasks awarded under this contract, utilizing the labor categories and rates specified in Attachment 1 (Labor Categories Description and Rates). The following tables specify the maximum obligation of the Government. The labor categories and their descriptions are provided in Attachment 1.

CLIN

Base Year Description

Estimated Qty

Unit

Total Not-to-Exceed (NTE) Ceiling Amount (Onsite)

0001 Training - Headquarters 123,872 Hours 0002 Training – Regional Offices 7,584 Hours 0002AA Dallas 0002AB Denver 0002AC Detroit 0002AD San Jose 0003 Regional Offices Training Support &

Travel

0003AA Training Support 768 Hours 0003AB Travel 1 Lot 0004 Library Services (STIC) 27,176 Hours 0005 Library Services (TMLL) 23,384 Hours 0006 Transition-In 360 Hours Total Base Year (CLINs 0001 – 0006)

Option Year 1 Description

Ceiling Amount (Onsite)

1001 Training - Headquarters 123,872 Hours 1002 Training – Regional Offices 7,584 Hours 1002AA Dallas 1002AB Denver 1002AC Detroit 1002AD San Jose 1003 Regional Offices Training Support &

1003AA Training Support 768 Hours 1003AB Travel 1 Lot 1004 Library Services (STIC) 27,176 Hours 1005 Library Services (TMLL) 23,384 Hours 1006 Transition-Out 360 Hours Total Base Year (CLINs 0001 – 0006)

Option Year 2 Description

Ceiling Amount (Onsite)

2001 Training - Headquarters 123,872 Hours 2002 Training – Regional Offices 7,584 Hours 2002AA Dallas 2002AB Denver 2002AC Detroit 2002AD San Jose 2003 Regional Offices Training Support &

2003AA Training Support 768 Hours 2003AB Travel 1 Lot 2004 Library Services (STIC) 27,176 Hours 2005 Library Services (TMLL) 23,384 Hours 2006…