A02 Request for Information (RFI) for Patent License Agreement Audit.docx

THIS IS A REQUEST FOR INFORMATION (RFI)/SOURCES SOUGHT (SS) NOTIFICIATION TO INCLUDE INDUSTRY FEEDBACK

1. Title: Patent License Agreement Audit for the Office of Research and Technology Applications (ORTA), Defense Health Agency Medical Research & Development Command (DHAMRDC).

2. Contracting Office: United States Army Medical Research Acquisition Activity (USAMRAA)

3. Location: Fort Detrick, Frederick, MD

4. Summary: This RFI/SS is issued solely for information and planning purposes and shall not be construed as a solicitation, restrict the Government as to the ultimate acquisition approach, or serve as an obligation on the part of the USAMRDC. In accordance with FAR 15.201(e), responses to this notice are not offers and cannot be accepted by the Government to form a binding contract. Responders are advised that the United States Government will not pay for any information or administrative costs incurred in response to this RFI. All costs associated with responding to this RFI/SS will be solely at the interested responder’s expense. Not responding to this RFI/SS does not preclude participation in any future Request for Proposal, if any is issued. No evaluation letters and/or results will be issued to Responders responding to this RFI/SS.

The information resulting from this RFI/SS will determine interest and capabilities available in the marketplace; and will assist in developing acquisition strategy.

5. Background/Scope: Defense Health Agency Medical Research and Development (DHAMR&D), Office of Research Technology Applications (ORTA) has a requirement to audit 1-2 patent license agreements with company partners each year. The ORTA conducts technology transfer for the DHAMR&D and negotiates all license agreements as well as select Cooperative Research And Development Agreements (CRADAs).

The objective of this requirement will be to facilitate an important component of technology transfer which is monitoring company partner compliance with the negotiated terms and conditions of the negotiated patent license agreement. These agreements establish partnerships that enable the development of commercial products by the private sector from early-stage DHAMRDC inventions. The sale of such products provides revenue back to DHAMR&D and its subordinate laboratories.

The ORTA/MTT requires the services of a licensee royalty auditing firm (“Contractor”) to audit the sales and financial records related to licensed products of DHAMR&D technology licensees (“Licensee”) at their places of business in order to determine if DHAMR&D has received the proper amount of royalty payments specified under their license agreement for use of DHAMR&D intellectual property rights granted under the license agreement. In addition, the Contractor will help ensure that the Licensee is in compliance with other terms of the license agreement including the application of royalty payments creditable against earned royalties due.

ORTA/MTT will audit one to two license agreements per calendar year (CY).

Each calendar year, ORTA/MTT will submit to Contractor a list of 1-2 proposed license agreements to be audited.

Vendors must show they can determine whether or not the company licensee is properly calculating the net sales on all products that are covered by the licensed technology.

In general, the vendor needs to show the capability to:

(1) Provide Patent License Agreement Audit Services professionally and efficiently in accordance with applicable laws, policies and regulations.

(2) Perform the requirements of this contract independently and not as an agent of the Government.

(3) Work with ORTA personnel who are knowledgeable of the DHAMR&D licensing requirements, background information on active license agreements, and understand the licensed DHAMR&D technologies.

How to Respond:

Please submit a Capability Statement that describes relevant expertise and capabilities based upon the scope of this requirement as outlined above.

Each response should include the following business information and must not be more than ten (10) pages in length:

a) Company name, mailing address, e-mail address, telephone, website address (if available), and the name, telephone number, and e-mail address of a point of contact having the authority and knowledge to clarify responses with Government representatives.

b) Unique Entity ID number, CAGE Code, and company structure (Corporation, LLC, partnership, joint venture, etc.). Companies also must be registered in System for Award Management (SAM, at www.sam.gov) to be considered as potential sources.

c) Any and all Government IDIQ Contracts (e.g. Federal Supply Schedule, OASIS, etc.)

you currently hold (to include the vehicle and your contract number) that could be used to fulfill this requirement.

d) Describe your organization's specific and relevant experience and expertise to fulfill this requirement. Experience must be of similar size and scope. Please provide examples or provide references of previously completed deliverables related to this requirement.

e) Provide information relating to capabilities, novel ideas, industry best practices, industry capabilities to meet the needs of the Government’s requirement as outlined above. Outline company specific capabilities that match the scope/objective outlined above in order for the Government to make a fair capabilities determination.

Capability statements will be reviewed for (1) Relevant experience and expertise based on the size and scope of the outlined requirement; (2) Company specific capabilities that match the work outlined in scope/objective above. The formal closing date for this RFI/SS and for the submission of all responses is NLT 16 May 2025 at 10:00AM ET. All responses shall be submitted electronically using PDF or MS Word formats to the POC, Richard Trunnell at richard.k.trunnell.civ@health.mil. The Government will not entertain questions regarding this RFI/SS. All responses received will be considered; however, a determination by the Government not to compete the proposed requirement based upon responses to this notice is solely within the discretion of the Government.