280-EIPL-0970 Questions and Answers.pdf

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Continuous Authorization to Operate
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280-EIPL-0970
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This document contains questions and answers regarding a Request for Information from the United States Patent and Trademark Office for Continuous Authorization to Operate services. The USPTO is conducting market research for a new requirement for IT services to support its new agile "Ways of Working" approach. There are no incumbent contractors currently performing these services. The anticipated annual value of the resultant contract(s) will exceed $250,000. The acquisition strategy has not been determined but may include set-asides. The RFI process will consist of four stages culminating in a solicitation being sent to the selected vendor(s) in the fourth quarter of fiscal year 2024. Responses to the RFI are limited to 15 pages excluding past performance. Additional details will be provided to vendors advancing to subsequent stages regarding requirements for those stages such as concept papers or demonstrations. Pricing information will only be evaluated as part of the solicitation stage.

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RFI - 280-EIPL-0970 - Question and Answer Sheet

No. Reference Question Answer Resulting Change(s) to RFI

1 General Is there an incumbent contract currently performing these services? If there are incumbent vendor(s), would you be able to provide the contract details (such as: Vendor Name, Contract Number, Award and end dates, total contract value)?

This is considered a new requirement for USPTO. There are no incumbent contractors.

2 General Is an estimated value available for this potential requirement? Is it estimated to be greater than $250,000?

The USPTO is still conducting market research and has not yet completed a formal independent government estimate (IGE). That said, it is anticipated that the annual value of the resultant contract(s) will exceed $250K.

3 General Is there going to be a small business set aside or will this be bid as full and OPEN?

The USPTO is still conducting market research and has not yet determined its final acquisition strategy, to include business size and socio‐economic considerations (e.g. small business set‐aside, 8(a), etc.). The USPTO has not yet ruled out any strategy.

4 General Is the agency open to placing the prospective requirement into the 8(a) program? Please see response to question #3.

Pages 2‐3, Market Research Guidance

Can the Government provide an estimated timeline for the additional phases in this multistage solicitation?

The USPTO anticipates beginning the solicitation phase in FY24, Q3 and awarding by FY24, Q4.

Pages 5‐6, Submission Instructions

Can the Government confirm 10 pt. Times New Roman or Arial Narrow font may be used in graphics and tables?

The USPTO will accept the use of 10 pt. Times New Roman or Arial Narrow font within graphics and tables. However, the content included in such graphics and tables shall be limited, and used only to make a specific point that cannot be made without use of a table or chart. Vendors shall not utilize graphics and charts to merely circumvent the established page limitations.

RFI Submission Instructions updated as follows (updates in bold):

"Minimum size font: 11 (Times New Roman). 10 pt. Times New Roman or Arial Narrow font may be used only in graphics and tables."

Pages 5‐6, Submission Instructions

Would the Government accept Past Performance summaries of the Offeror's experience in an Appendix that is excluded from the 15‐page limitation?

The USPTO does not intend to review or assess past performance information during the market research phase.

8 RFI, Stage Two, Pg. 3 Will USPTO meet with each vendor separately during the stage two (i.e., technology symposiums) or will this be a conference with all stage two vendors?

If the USPTO deems that Stage 2 is required, then the format of the symposium will be finalized once the quantity of remaining vendors is identified. The symposium may include USPTO meeting with individual vendors or groups of vendors.

9 RFI, Stage Two, Pg. 3 What will be the expectation of the vendors who advance to stage 2 (i.e., technology symposium)? Will there be required deliverables (i.e. presentations)? Will additional guidance be issued to vendors who are selected to advance to stage 2?

The USPTO will provide additional information to all remaining vendors that proceed to Stage 2.

10 RFI, Stage Three, Pg. 3 Can you elaborate on the format for the stage 3 demonstration of the prototype solution? Will this take place virtually or in person? Will USPTO stakeholders require access to the prototype?

Will evaluation criteria for the prototype be released in the future?

The Contracting Officer (CO) will use USPTO's special acquisition authorities under the Patent and Trademark Office Efficiency Act, 35 U.S.C. 2(b)(4)(A), which provides for the Alternative Competition Method defined in section 6.1.1 of the Patent and Trademark Office Acquisition Guidelines (PTAG).The USPTO will provide additional information to all remaining vendors that proceed to Stage 3. Please note that Stages 1‐3 consist of market research only, under (PTAG)

6.1.1. Alternative Competition Method. The RFI is not a solicitation for a contract. The information provided in this RFI is subject to change and is not binding on the Government, but vendors will be advised of any changes. Vendors identified through the RFI process maybe afforded the opportunity to receive the cATO solicitation and submit a proposal. Therefore the USPTO does not utilize formal evaluation criteria until the solicitation phase (Stage 5).

11 RFI, Stage Four, Pg. 3 Can you elaborate on stage 4 (Alternative Competition)? We interpret this to mean that USPTO will solicit responses from only those selected during stage 4?

After stages 1‐3, the USPTO intends to identify which vendor(s) is/are the most likely to successfully meet the agency’s needs. Vendors will be informed of their status at that time (Stage 4). In Stage 5, the USPTO will send a solicitation directly to the vendor(s) identified in Stage 4. No other companies will be permitted to participate in the solicitation phase (Stage 5).

12 RFI, Last Paragraph, Pg. 3 Can you please elaborate on how the COR will determine if each subsequent stage is deemed necessary?

After conducting market research and assessing vendor responses (Stages 1‐3) during the PTAG

6.1.1. Alternative Competition, the Contracting Officer (CO) and Contracting Officer’s Representative (COR) will use the submissons and their technical expertise and understanding of the marketplace to determine which vendor(s) is/are the most likely to successfully meet the agency’s needs and are thereby eligible to participate in an alternative competition.

RFI, Second to last paragraph, Pg. 6

The customer states that they will not be responding to technical questions. During which phase will the customer be responding to technical questions?

The USPTO has not pre‐determined whether technical questions will be addressed during Stages 1‐

3. The USPTO will provide additional direction if it is determined that technical questions will be addressed prior to Stage 5.

14 RFI, Stage Three, Pg. 3 Can the customer please elaborate on what a Concept Paper (Stage 3) will consist of?

The USPTO will provide additional information regarding the content of the Concept Papers to all remaining vendors that proceed to Stage 3.

15 RFI, Stage Five, Pg. 3 Do the sub bullets of stage 5 imply that the first two deliverables after award will be an overarching plan & pilot (s), or are those two components of the response for stage 5?

The USPTO currently anticipates Stage 5 to include the submission of an overarching plan and pilot. However, that is subject to change, pending what the PTAG 6.1.1. market research RFI reveals to help shape the determination of final acquisition strategy and evaluation criteria.

16 General During what stage will the customer be requiring the bidders to provide pricing information?

PTAG 6.1.1. is market research and is not a solicitation for a contract. It is not until the USPTO issues the solicitation will the vendors be requested to provide pricing. The USPTO will evaluate price as part of Stage 5. However, it is possible that the government may request non‐binding and rough order of magnitude (ROM) pricing models, concepts, or estimates during Stages 2‐3 to endsure the accuracy of the government estimates so that sufficient funding will be available . If any price‐related information is requested by the government prior to Stage 5, it will be non‐ binding and for market research purposes only. Any non‐binding ROMs provided by vendors will not be formally evaluated.

17 General Can you share more about USPTO’s new agile “Ways of Working”?

New Ways of Working is an organizational process and culture change toward a product‐oriented (rather than project‐oriented) approach to IT delivery that invokes DevSecOps and Agile principles.

18 RFI Question 1.3 Can the government please clarify what is meant by "type of systems" and "complexity" in question 1.3?

Type of system may be financial, externally facing, internally facing, etc. Complexity may refer to number of users, mission criticality, number of dependencies, etc.

RFI Question #1.3 updated as follows (updates in bold):

"1.3. What was the agency, complexity, and types of systems? Type of system may be financial, externally facing, internally facing, etc. Complexity may refer to number of users, mission criticality, number of dependencies, etc."

#Controlled by: United States Patent and Trademark Office, OCAO, RICPO, 571‐272‐9990

File details come from the government source that posted it. Updated .