1333BJ26F00130001 TM5 LSJ.pdf
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- Solicitation number
- 1333BJ26F00130001
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This is a Limited Sources Justification (LSJ) form for a sole source procurement by the United States Patent and Trademark Office (USPTO).
The procurement is for continued maintenance, operation, and support services for the TM5 Trademark Identification and Collaboration System, a cloud-hosted web application currently maintained in Microsoft Azure. The required services include application maintenance and operational support to maintain system stability and functionality; cloud hosting and infrastructure support including hardware/software configuration updates, hosting performance monitoring, and domain registration; database and data maintenance including structured query language server database upkeep, data updates, data exports, and user profile management; and user support including response to inquiries, troubleshooting usability issues, and system user support. The performance period runs from September 12, 2026 through March 11, 2027 (base year), with four option years and a six-month extension, extending through September 11, 3031. The contract will be awarded as a noncompetitive labor hour task order to AEEC LLC against GSA Schedule Number GS-35F-0331X. The estimated value is redacted. The contracting officer is James Wuest, and the program office points of contact are Tomei Funderburk and Monique Choiniere (ACQ-26-1461). The justification for sole source award cites the incumbent contractor's unique knowledge of the system architecture, code base, databases, workflows, and operational procedures, combined with the substantial transition costs and risks that would result from moving to a new contractor. The agency determined that a limited source action is necessary to avoid interruption of mission-essential services and preserve continuity of support for internal and international trademark office users.
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FORM USPTO-OP-011.v7.0 (1/2026)
• Can continue operations without introducing unacceptable risk to system availability, data integrity, and user support.
• Can implement approved modifications with minimal disruption because of existing familiarity with system dependencies and historical changes.
• Is already positioned to support maintenance of user accounts, updates to data services, export functions, documentation, and issue resolution.
A competitive transition to a new contractor would require substantial onboarding, discovery, security review, knowledge transfer, system familiarization, and possible remediation of undocumented dependencies. Because the work concerns continuation of an operational system rather than development of a new solution, the Government believes that a limited source action will be necessary to avoid interruption of mission-essential services, preserve continuity of support, reduce risk of delay, and avoid additional costs. The TM5 system is an operational international collaboration system, any interruption would adversely affect the USPTO’s ability to support users and international partner offices.
6. Description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted
Informal market research was conducted for this procurement. The requirement is for continued support of the existing TM5 Trademark Identification and Collaboration System, which operates in a specialized technical environment and depends on existing system knowledge, application architecture, database structure, cloud hosting configuration, and TM5 business workflows. Because the work concerns continuation of an operational system rather than development of a new solution, the government determined that a limited source action was necessary to avoid interruption of mission-essential services. A new contractor would require significant transition time for onboarding, access processing, system familiarization, and knowledge transfer before performing at full capability. For these reasons, a limited source approach is necessary to preserve continuity of support, reduce risk of delay, and avoid additional cost.
The current contractor developed the TM5 system and has unique knowledge of:
o system architecture o source code and database structure o workflow logic o prior enhancements and defects o cloud environment dependencies o reporting and export functions
Transition to another contractor would require substantial time and cost for:
o onboarding o documentation review o reverse engineering o access/security processing o testing and validation o stabilization of the environment
A non-incumbent source would create unacceptable risk to availability, data integrity, and continuity of service. Accordingly, the current contractor is uniquely qualified and a sole source award is justified.
7. Actions, if any, the agency may make to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition Prior to any subsequent acquisition, the government will conduct market research regarding costs and timeline associated with alternative technical solutions, to include development of a more detailed transition plan and allowing additional time for onboarding and knowledge transfer if appropriate. These steps may
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