Questions and Answers.xlsx
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- Patent Legal Services
- Solicitation number
- 75F40122Q00001
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Sheet1 Questions and Responses - RFQ# 75F40122Q00001 - Amendment 0003.
| # | Section/Paragraph Reference | Question | Government Responses |
| 1 | Attachment A: Form 3398 | Are we to submit the completed Form 3398 with our proposal? If so, which volume does it go in [Technical or Pricing]? Or is the form only required if we are awarded the contract? | The signed form is only required after award of the contract. |
| 2 | Attachment B: Labor Categories | For the Project Manager position, it is noted that the person "must meet the eligibility criteria for paralegal certification as listed by the NALA found at https://nala.org/certification/eligibility-requirements/." Is it acceptable if, instead, the Project Manager meet the eligibility criteria for paralegal certification provided in the state in which they practice? | See updated Attachment B - Labor Categories - for the amended Project Manager requirements. |
| 3 | Attachment B: Labor Categories | For the Project Manager and Paralegal/Case Manager position, it is noted that the person "must be working toward or meet the eligibility criteria for paralegal certification as listed by the NALA found at https://nala.org/certification/eligibility-requirements/." Is it acceptable if, instead, the Project Manager meet or be working toward the eligibility criteria for paralegal certification provided in the state in which they practice? | See updated Attachment B - Labor Categories - for the amended Paralegal/Case Manager requirements. |
| 4 | Attachment B: Labor Categories and 4.1.4 Patent Litigation | The Partner/Senior Associate/Junior Associate positions require that the person be registered to practice before the USPTO. We would like to include litigators to our personnel list, to satisfy section 4.4.1 (Patent Litigation). Does the requirement for a USPTO registration number apply to named litigator personnel? | No. Please be sure to clearly identify the litigator personnel. |
| 5 | Attachment E, Column B | This asks for # of applications prosecuted since 2015. Should the number provided include applications drafted since 2015, but that have not yet been prosecuted to final disposition? (e.g., provisional or PCT applications filed in 2021?) | Yes, please include provisional or PCT applications filed in 2021. |
| 6 | Attachment E, third tab | Provided is a list of countries. Are we to add to this list if we have additional examples? (e.g., Brazil, China). Or are we only to provide information for the listed countries? | Please add to the list if you have additonal examples. |
| 7 | Attachment E, third tab | Provided is a list of countries, including DE, GB, FR, and CH. Most clients prosecute a European regional phase application and then validate in DE, GB, FR, and CH, as opposed to prosecuting individual national applications in these countries. Should we include validation filings for DE, GB, FR, and CH? | Yes, please include validation filings. |
| 8 | Page 68, Past Performance | Is the information to be provided in response to "Past Performance" part of the Price Volume? Or should this be a separate document? | Past Performance information should be included in the Price Volume. |
| 9 | Page 68, Subcontract Plan | Are we required to use small business subcontractors? Can we request an exemption? | It is not necessarily required. However, if subcontracting is proposed by the Offeror, small business goals must be addressed in the Subcontracting Plan. If the Offeror determines that no subcontracting possibilities exist, the Offeror should state this in its Subcontracting Plan and provide supporting rationale. The Subcontracting Plan is only required to be completed by Offerors who are large businesses. |
| 10 | Page 68, Subcontract Plan | Does the Subcontract Plan go in the Technical Volume or the Price Volume? Or should this be a separate document? | The Subcontracting Plan should be included in the Price Volume. |
| 11 | Page 68, Subcontract Plan | Is a particular format required for the Subcontract Plan? | Yes. See Attachment L - HHS Small Business Subcontracting Plan template, which has been uploaded to SAM.gov with the Questions and Answers. |
| 12 | Since I will have to partner with other law firms to create a team, I would like to know what constitutes a “small business”. Please indicate if a “small business” is defined as having less than 500 employees. | This solicitation is Unrestricted (i.e., Full and Open Competition) -- NOT a Small Business Set-Aside. However, the small business size standard for NAICS 541110 is $12 million. | |
| 13 | Also, I would like to have a printout of the docket of due dates for the next six months to staff appropriately. I will need to know which patent applications will need responses and when. We will need people with the proper technology backgrounds to draft and file responses as they come due. (For example, if we have ten immunology patent applications that require responses in the first week, we may need two attorneys trained in immunology instead of one.) | This is information not readily available. However, the RFQ already includes information that Offerors can draw from to estimate how much and what type of personnel may be needed -- over 200 technologies, covered by over 600 patents and patent applications, patent list for COI with patent titles to indicate technical areas and distribution amongst the areas. Offerors should be able to take this information and estimate needed staff for this size and technical areas of portfolio. |
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