A3.05.Sources Sought.pdf

SOURCES SOUGHT ANNOUNCEMENT

This notice constitutes a Request for Information (RFI) for the purpose of determining market capability of sources. This RFI is for planning purposes only and shall not be construed as a request for proposals, solicitation, or commitment on the part of the Government to issue any future solicitation. The Government will not reimburse any costs associated with the development and submission of materials in response to this request.

The purpose of this announcement is to determine whether 8(a) Small Business Concerns are capable of providing the required services described below.

Interested parties should submit capability statements in accordance with the instructions provided below. Please note that the below Performance Work Statement (PWS) is a DRAFT

PWS only and is subject to change.

1.0 Background

The Department of the Navy (DON), Office of Naval Research (ONR) was established to plan, foster, and encourage scientific research and technology development as related to the development and maintenance of future naval power and the preservation of national security.

Within the DON Office of General Counsel (OGC), the DON attorneys working in the ONR

Office of Counsel support ONR and DON’s mission and objectives by providing timely advice and counsel on all areas of law affecting the day-to-day operation of ONR and its impact on the

DON mission. The ONR Office of Counsel is organized into an Intellectual Property (IP) section and a General Law section. Support services are sought for both the IP and General Law sections of the ONR Office of Counsel.

The IP section is responsible for, among other matters, registering, maintaining, and licensing trademarks; transferring technology; reviewing relevant potential inventions, ideas, or solutions to technological problems; obtaining, maintaining, and licensing rights in inventions owned by the DON; contract-invention surveillance; the conduct of basic legal research related to IP licensing regulations; the preparation, filing and maintenance of patent and trademark applications; preparation of reports and correspondence related to basic legal issues; and other IP support services.

The General Law section handles a wide range of legal matters outside of IP. These matters include but are not limited to Standards of Conduct and Ethics; civilian personnel law;

procurement law; Freedom of Information Act (FOIA) and Privacy Act (PA); litigation; and review of instructions and agreements. Within its practice areas, the General Law section requires the contractor to assist the General Law attorneys with populating and updating existing web-based financial disclosure filing systems; drafting, distributing and filing Ethics letters and other correspondence; preparing and reviewing training materials in Microsoft PowerPoint, Word, Adobe Acrobat and similar media; performing basic legal research on a variety of matters, including FOIA and PA; reviewing instructions, agreements and similar documents for consistency and format; litigation support; and generally supporting and assisting ONR Office of

Counsel General Law attorneys as needed.

In addition to supporting ONR’s mission, the ONR Office of Counsel also supports the DON IP mission through the IP Counsel of the Navy, who is dual-hatted as the ONR Deputy Counsel.

The IP Counsel of the Navy is responsible for setting policy and procedures for the enterprise-wide DON IP mission, and for executing certain IP programs within the ONR and OGC. These policies, procedures and programs are primarily directed toward securing DON IP rights in technology in order to defend the DON against allegations of infringement of the IP rights of others. Identifying and securing these rights may take place in the context of IP rights investigations conducted during the formation and execution of DON contracts, grants, cooperative agreements, and other instruments, as well as during contested matters, such as litigation related to IP rights. A subset of the DON enterprise-wide program is to conduct IP rights investigation in order to identify the sources of DON rights in IP; and to perfect such rights, as appropriate, including acquiring licenses in such rights. It is essential that these investigations and analyses be performed in solicitations, contracts and grants on both a pre-award and post-award basis. The scope of these investigations includes all aspects of analysis, research, document production, cataloging, routine contacts with outside parties and related activities necessary to prospectively secure IP rights. Additionally, IP rights analysis is conducted as a pre-emptive defensive action to prevent or minimize allegations of infringement, thereby avoiding costly litigation. Research and analysis related to IP rights in contested matters, such as litigation, may be very complex, but it is also a necessary and routine requirement in executing the DON’s IP mission.

Support service to IP Counsel of the Navy is required to assist in securing IP rights in technology and matters related both to DON’s enterprise-wide responsibilities and those specifically involving ONR. These responsibilities include conducting investigations to identify and perfect the IP rights of the DON in new or existing contracts; analyzing previous IP rights investigations both prior to litigation and during litigation in order to defend the DON against allegations of infringement of the IP rights of others; and in the related aspects of general support during IP litigation. Litigation related to IP rights may include assisting and interacting with the

Department of Justice as required.

Accordingly, the services sought would support not just the ONR Office of Counsel’s responsibilities as they pertain to ONR specifically, both under the General and the IP sections, but also as they pertain to the DON IP mission as a whole under the IP Counsel of the Navy.

This effort was previously sole sourced to an 8(a) Small Business Concern, through the following award:

- BruinWave under Contract Number N00014-16-C-4014

- Period of performance ends on 9/30/2021.

2.0 DRAFT Performance Work Statement (PWS)

2.1 General Requirements

The objective of this contract is to provide program management support services to ONR Office of Counsel.

The Contractor shall furnish all work, management, supervision, labor and materials necessary to ensure the effective and efficient performance of functions identified.

2.2 Performance Requirements

The Contractor shall provide technical support and program management support services, as described below, to include but not limited to General Law and IP support to ONR Office of

Counsel attorneys and staff on a variety of General and IP law matters. The Contractor shall perform the following tasks in accomplishing the requirements of this contract. The contractor shall provide the necessary timely assistance to meet emergent requirements as requested by the

Contractor Officer’s Representative (COR).

The Contractor shall identify programmatic issues, make recommendations, and provide methods, processes, and tools to strive for cost, schedule, and performance efficiencies.

Contractor personnel shall be proficient in the use of Microsoft Office (Excel, Word, Access, and

PowerPoint).

2.2.1 Intellectual Property Technical Support:

i. Assist in preparation of royalty distribution memorandums; enter royalty review information into a financial information system.

ii. Receive, enter, and track data related to license processing and royalty revenue, and produce related reports.

iii. Conduct basic legal research related to licensing regulations.

iv. Research and extract relevant information from records for publicly available documents on file with the US Patent and

Trademark Office and international patent offices related to patents, patent applications and trademark registration.

v. Research and extract information from internal DON databases and resources for tracking IP rights.

vi. Prepare reports that include the status of DON IP rights in solicitations, grants, contracts, etc., as determined by research in regards to reviewing records of IP clauses and/ or data rights assertions.

vii. Assist attorneys in the research and drafting of internal and external analyses and reports related to issues impacting the

DON’s rights in IP.

viii. Research and extract from relevant records information pertaining to DON IP rights before contested matters commence;

ix. Research and extract from relevant records information pertaining to DON IP rights in contested matters to include but not limited to administrative claims and litigation.

x. Research, extract, compile, and catalog documents as typically required in contested matters such as litigation, including assisting

ONR IP’s attorney with answering and preparing requests for IP discovery.

xi. Assist attorneys in executing ONR’s IP mission by establishing and maintaining records and files, including electronic files for tracking and updating the status of projects and tasks as required.

xii. Provide other IP or IP-related assistance to the COR on an as-needed basis, to include but not limited to litigation support in court cases and appeals.

xiii. Assist attorneys in reviewing documents, including financial and accounting records provided in electronic or any other format.

xiv. Assist in identifying issues related to IP data rights and proprietary assertions that arise from review of the documents

xv. Provide other IP or IP-related assistance on an as-needed basis.

This assistance may include litigation support in any cases or appeals involving IP matters.

xvi. Track requests for trademark licenses, confirm that applicants for trademark licenses have provided all required documentation and supporting materials, prepare draft licenses, and prepare signature packages for trademark license execution.

xvii. Notify the Department of the Navy Trademark Program Manager of actual or potential trademark license compliance issues, and of any actual or potential violations of the Department of the Navy’s trademark rights, and assist ONR IP attorneys in the investigation of any such issue in the performance of their assigned tasks.

xviii. Maintain electronic/paper records on oppositions, cancellations, and other adversarial trademark matters.

2.2.2 General Law Technical Support

i. Support the Ethics Counsel attorney in managing the ONR Standards of Conduct/Ethics program. Tasks may include, but are not limited to:

a. Assist with populating and updating existing web-based systems that employees use for filing financial disclosure reports;

b. Assist with drafting, distributing and filing various types of Ethics cautionary or opinion letters and similar correspondence;

c. Assist with preparing and reviewing ethics training materials in Microsoft PowerPoint, Word, Adobe Acrobat and similar media as needed.

ii. Assist with researching issues on the Freedom of Information Act

(FOIA) and Privacy Act (PA) and with preparing memoranda and opinions responding to appeals of FOIA or PA denials.

iii. Assist with review of instructions, agreements and similar documents for consistency and format.

iv. Provide basic legal research, litigation support, and other support as needed to assist ONR Office of Counsel General Law practice attorneys.

2.2.3. Program Management Support:

i. Engage with and maintain relationships with ONR Program

Officers, Contracting Officers, and other point(s) of contact as needed to support the Office of Counsel’s mission.

ii. Research and track, via docket systems or tracking system, important tasks and due dates in contested matters such as litigation, taskers, financial disclosure, FOIA and PA appeals, and other matters that require close tracking.

iii. Assist the ONR Administrative Officer as needed.

3.0 Personnel Qualifications

3.1 General Personnel Requirements

The Contractor shall provide one (1) qualified individual on a full-time basis to perform and execute all aspects of the technical tasks and requirement. The individual must be able to act independently and communicate in an articulate manner both orally and in writing. Must have the ability and willingness to learn new skills and areas of legal office support.

The individual is required to:

- Possess (1) a bachelor’s degree and (2) possess the experience specified below:

-Possess at least two (2) years of experience applying established instructions, rules, regulations, and procedures in performing intellectual property license agreement administration, legal support, litigation/case management duties, which duties may include case tracking, and classifying and filing legal documents, and similar recurring duties involving standardized procedures;

-Possess at least two (2) years of experience working with current or prospective licensees of intellectual property;

-Possess at least two (2) years of experience generating written correspondence and following up with customers or law office clients to support operations;

-Possess at least two (2) years of experience creating reports and responding to requests for information;

-Possess at least two (2) years of experience using Microsoft Office (e.g., Word, Excel, PowerPoint, Outlook, Access) and Adobe Acrobat professional;

-Possess experience researching laws, regulations and policies;

-Possess experience drafting correspondence and memoranda;

-Possess experience in office accounting or budget management;

-Possess experience in legal office administration and operations; and

-Possess experience in supporting a trademark program.

4.0 Anticipated Contract Requirements

4.1 Contract Type

The Navy anticipates awarding a firm fixed price contract.

4.2 Period of Performance

The contract will contain a twelve (12) month base and four (4) twelve (12) month option periods. The period of performance for the base period shall be from the effective date of the contract through twelve (12) months thereafter. If exercised, the period of performance for each option period shall be performed during the twelve (12) month period immediately following the expiration of the Base Period or subsequent Option Periods.

4.3 Place of Performance

Work will be performed at the ONR Headquarters, 875 North Randolph Street, in Arlington, VA.

4.3.1 Telework

a. Telework may be authorized by the COR or ACOR, pursuant to the Contractor's policy, if it is determined the work to be performed can be accomplished offsite. In the case of a Government shutdown/furlough, approval by the PCO would also be required in addition to the COR or

ACOR. Teleworking must be at no additional cost to the government and not detrimental to contract performance.

b. If telework is authorized, the Contractor may permit its employees to work at locations other than ONR Headquarters, pursuant to the Contractor's alternative worksite and telework policy, provided the COR concurs the alternative worksite arrangements are not detrimental to contract performance. The Government reserves the right to review the Contractor's alternative worksite and teleworking policy.

c. Regardless of work location, all contract terms and conditions, including security requirements and labor laws, remain in effect. The Government shall not incur any additional cost nor provide additional equipment for contractor performance as a result of the Contractor's election to implement an alternative worksite and teleworking plan, if authorized.

d. The following are examples of telework conditions that might be approved when practical, to ensure Continuity of Operations (COOP):

- When the U.S. Federal Government's Office of Personnel Management (OPM) authorizes the closure of the Federal Government in the Washington DC metropolitan area due to inclement weather, a man-made or natural disaster and other unexpected occurrences.

- Restricted access to ONR Headquarters facilities and/or extended interruption to IT services.

- On a situational or recurring basis consistent with the support requirements and tasks of the Performance Work Statement.

e. Each Contractor employee must present in advance of teleworking a written telework agreement outlining a work plan that includes a list of tasks and projects that will be done during the telework period, the number of man-hours expected to be executed on each project/task and the method of reporting the accomplishments daily. The telework agreement must be approved in writing by the COR and the Contractor.

f. The Contracting Officer Representative (COR) must be notified at least one day prior to any

Contractor employee teleworking.

g. During authorized telework periods, contractors are authorized to use appropriate government furnished equipment to accomplish specific tasks outline in the work plan.

4.4 Government Property and Furnished Information:

The Government will provide workspace, classified and/or unclassified workstations, office supplies, computer equipment, telephone, fax (local, DSN and long distance), electronic mail, reproduction facilities. Proper building access identification badges are required. The

Government will furnish any computer software, such as access to the PBIS database, which may be needed to accomplish tasks at the government site. The Government will provide access to appropriate reference material and databases necessary in the performance of this effort. The contractor will be provided the authority to access all information required to perform duties. The government will provide coordination to support the contractor in accessing required information. The Government will provide the following information: access to relevant

Government organizations, information and documentation, manuals, texts, briefs and associated materials, as required and available. During approved telework periods, the Government will furnish equipment needed to accomplish specific tasks outlined in work plan.

4.4.1 Government Furnished Information: Access to Government databases from NMCI seat, e.g., MS Word, Excel, PowerPoint, Access and other databases required to perform this effort. Access via internet using security protocols required by Government to assure secure data transmission and other databases required to perform this effort. Required programmatic and financial information required in order to complete deliverables.

5.0 Reports Data and Other Deliverables

The following deliverables are required to support this contract. Electronic submission is encouraged for all reports, unless otherwise requested by ONR.

5.1 Progress and Financial Status Reports: The Contractor shall provide monthly progress and financial status reports to the Contracting Officer Representative (COR) or designee. The monthly progress reports can be provided in contractor format and shall include the following elements: Contractor’s name and address, Date of report, Period covered by report, Executive

Summary, Performance related work issues, Work accomplished, Problems and issues during the report period and planned action for period following the period in which the report was submitted. The financial status report shall be provided in the format and required information found on the Contractor Monthly Financial Status Report Template found at the following site:

http://www.onr.navy.mil/Contracts-Grants/managecontrract.aspx. Each monthly report is due by the 15th of the following month.

5.2 Annual Status Reports: The Contractor shall provide annual status reports to include project status reports, technology acquisition status reports, litigation status reports and other related reports. Each annual report is due 15 days after the end of the reporting period.

5.3 Database Reports: The Contractor shall create and provide related database reports as required.

5.4 Quality Control Plan: The Contractor shall develop and maintain an effective quality control program in accordance with the PWS. The Contractor shall provide a Quality Control Plan

(QCP) detailing the plan the contractor will employ during contract performance. The QCP shall be delivered to the COR within 10 days after contract award. The QCP shall define policies and procedures for managing productivity, quality, and cost control.

6.0 SUBMISSION INSTRUCTIONS FOR CAPABILITY STATEMENT

Interested parties shall furnish the following information:

1. Name of Organization, CAGE Code, and DUNS Number

2. Address of Organization.

3. Small Business type(s) in addition to 8(a) designation (if applicable) under NAICS Code

541110.

4. Name of Primary Point of Contact, Telephone Number, Address, and Email address for the primary point of contact for Capability Statement.

5. Brief description of your organization’s capability to meet the requirements stated above.

6. Brief description of your organization’s ability to provide acceptable personnel.

7. Brief summary of organization’s history relative to similar requirements.

8. Additional comments/questions about the specifics of this requirement.

As much as possible, it is preferred that capability statements be nonproprietary. However, capability statements with company-sensitive data and concepts will be accepted, and the

Government will respect restricted data markings. Responders are expected to appropriately mark their submissions that contain proprietary information. Receipt of classified materials is not anticipated.

Capability statements shall not exceed seven (7) pages in length (excluding a cover page) and must be submitted by email no later than 12:00 pm Eastern Time (ET) on January 06, 2021 to

Ms. Amy Anokye at amy.anokye@navy.mil and Ms. Caitlin Purrier at caitlin.o'neill@navy.mil.

Any responses received after the requested due date may be considered.

http://www.onr.navy.mil/Contracts-Grants/managecontrract.aspx mailto:amy.anokye@navy.mil