Request_for_Information_8_19_2019.pdf

Business Oriented Software Solutions (BOSS) Request for Information (RFI)

ACQ-19-1870

August 19, 2019

This RFI is not a solicitation and does not constitute a request for quotation or proposal. The USPTO is not seeking or accepting unsolicited proposals. There is no USPTO commitment or implied agreement or understanding as a result of Government action or inaction taken in response to the RFI or the accompanying documents. Telephone calls requesting a solicitation will not be accepted or acknowledged. Participation in this effort is strictly voluntary. No entitlement to payment will arise as a result of submission of a response to the RFI. Any cost for submission of responses or associated activities are at the interested respondent’s risk and interested respondent’s expense. The USPTO is not liable for costs (direct or indirect) associated with the preparation, submission, or responses to this RFI, including any costs associated with the meetings, follow on questions or additional requests for information, if any. USPTO will not reimburse the respondent for any costs incurred with responding to the RFI.

U.S. Patent and Trademark Office

Request for Information

Table of Contents 1 Background 2 Purpose 3 Instructions 4 Attachments 5 Frequently Asked Questions

Request for Information

1 Background Business Oriented Software Solutions (BOSS) is the USPTO’s requirement for software development and integration services for commercial off the shelf (COTS) products with customized software applications, database applications, and other solutions. The USPTO Office of the Chief Information Officer’s (OCIO) vision is to transform the agency with next generation technology and services with BOSS.

2 Purpose BOSS will be procured using the Alternative Competition Method, in accordance with the Patent and Trademark Office Acquisition Guidelines (PTAG) and the Patent and Trademark Office Efficiency Act 35 U.S.C. 2(b)(4)(A).

The purpose of this RFI is to identify large and small businesses that are deemed most likely to successfully meet the agency’s need for BOSS services. Based on market research, including the responses to this RFI, the USPTO will determine a pool of vendors that are deemed most likely to successfully meet the agency’s needs, and will invite those companies to participate in a PTAG Alternative Competition.

3 Instructions

RFI respondents shall complete Attachment 1 – RFI Response Template, in its entirety. Completion of the RFI Response Template includes:

a) Completion of the “Corporate Profile” tab. Please note that “Business Size Status,” refers to the prospective prime contractor. Respondents shall indicate whether their company is “small” or “other than small.”

b) Completion of responses for all RFI questions #1-11 (see tabs titled, “Response to Q.X”). Companies that do not submit a response to this RFI will not be considered for participation in the forthcoming competitive solicitation.

Questions regarding this RFI shall be submitted via email to BOSS_Contract@uspto.gov, using the following email subject format: “BOSS RFI Questions - Company Name”. Questions are due no later than 5:00 p.m. on Monday, August 26, 2019. Questions shall be submitted via RFI Attachment 4 – Question and Answer Sheet.

Questions that are not submitted in the required format may be disregarded in their entirety.

Note: Respondents may submit questions and comments regarding RFI Attachments 2 and 3 during the RFI phase. However, the USPTO only intends to provide answers relevant to RFI Attachment 1 during the RFI phase.

All final RFI responses shall be submitted via email to BOSS_Contract@uspto.gov, using the following email subject format: “BOSS RFI Response - Company Name”. RFI responses are due no later than 5:00 p.m. on Tuesday, September 17, 2019. RFI submissions shall include a completed Attachment 1 – RFI Response Template only. Please do not submit additional marketing materials or other unsolicited information, as they will not be considered.

Proprietary information submitted in response to this RFI will be protected from unauthorized disclosure as required by the Federal Acquisition Regulation (FAR). In their RFI submission email, vendors shall clearly identify any Attachment 1 tabs that contain proprietary information.

Information provided by vendors will only be shared with USPTO employees and contractors with signed confidentiality agreements. Respondents are notified that the Government team will utilize contractor support personel to assist in review of responses. Contractor support personnel from the following corporations are involved in the review of the RFI responses and if applicable, any acquisition process: Grant Thornton LLP.

Request for Information

4 Attachments

RFI Attachment 1: RFI Response Template RFI Attachment 2: DRAFT Request for Proposal (RFP) RFI Attachment 3: DRAFT Performance Work Statement (PWS) RFI Attachment 4: Question and Answer Sheet

5 Frequently Asked Questions

a) Question: Does the PTAG 6.1.1 Alternative Competition approach allow for a down-select of vendors before receipt of proposals?

Answer: Yes. The PTAG 6.1.1 Alternative Competition Method permits the agency to use market research results to determine which vendors are most likely to successfully meet the agency’s requirements, and solicit directly to those vendors. The Government will review vendors’ RFI responses, and if applicable, additional market research findings to determine which vendors most likely to successfully meet the agency’s requirements. The selected pool of vendors will be invited to compete for the final solicitation.

b) Question: In responding to the RFI questions, may vendors draw on experience of individual employees, or planned sub-contractors?

Answer: RFI responses shall speak to corporate experience of the prime and/or sub-contractor(s).

c) Question: If my company does not submit an RFI response, will we still be eligible to sub-contract or team with another prime offeror?

Answer: Only companies that submit an RFI response will be considered for potential participation in the Alternative Competition as a prime offeror. However, companies that do not submit an RFI response will not be restricted from participating in the competition as a sub-contractor or as a teaming partner to an approved RFI respondent that is deemed most likely to successfully meet the needs of the agency.

d) Question: How many vendors will be invited to participate in the alternative competition?

Answer: The Government has not pre-determined a number of vendors that will be determined most likely to successfully meet the agency’s requirements. This will depend upon the number and quality of RFI responses received, and the final assessment of all market research.

e) Question: Will prime contracts be awarded to both small and large businesses under NAICS Code 541512?

Answer: The USPTO is targeting a 3:2 ratio (small:large) for prime contract awards. This represents a 60% small business set-aside for prime contract awards.

f) Question: How will the Government treat “mid-sized” businesses?

Answer: For the purposes of BOSS, the Government recognizes small and large business size categories only.

g) Question: When will business size status be determined for the purposes of award?

Answer: Size certification will be required at the time of proposal submission. However, to assist the USPTO in identifying the number of interested small businesses, it is required that current size status also be declared in the RFI response.

h) Question: Will prime contractors have to re-certify their size status during the BOSS contract performance period?

Request for Information

Answer: Contractors will be required to re-certify their size within 60 to 120 days prior to the end of the fifth year of the contract, or as otherwise directed by the Contracting Officer.

i) Question: Will task order competitions be set aside for small businesses?

Answer: Task order requirements with a total value estimated to be at or below $1M will be automatically set-aside for small businesses. Requirements >$1M may be competed amongst all BOSS awardees. However, the task order Contracting Officer may choose to set requirements >$1M aside, on a case-by-case basis.

Historically, task orders <$1M have accounted for approximately 70% of all BOSS task order awards. The USPTO reserves the right to increase the small business set-aside threshold at any time during the life of the contract, to increase small business participation.

j) Question: How will potential conflicts of interest be assessed for vendors that are already prime contractors for other USPTO requirements?

Answer: Conflicts of interest will be determined at the task order level. There are no restrictions on current USPTO contractors regarding BOSS prime contract awards.

k) Question: How many prime contract awards will be issued for BOSS?

Answer: The USPTO has not pre-determined a number of contract awards for BOSS.

l) Question: What kind of teaming arrangements will be permitted for prime contract awards?

Answer: Teaming will not be required for an offeror to submit a proposal, and/or be awarded a contract under BOSS. However, offerors may choose to consider teaming arrangements. If a teaming arrangement is utilized, the proposed arrangement shall be identified, and vendor relationships fully disclosed in the vendor’s RFI response, and in their subsequent proposal.

Approved Teaming Arrangements for BOSS in addition to traditional arrangements:

(a) Joint Ventures: Offerors proposing as a Joint Venture shall submit their agreements as part of their proposal submission. A Joint Venture is equivalent to a single entity and will be evaluated as one (1) vendor.

In order to qualify as a Small Business, both vendors in the proposed Joint Venture shall be certified as small under NAICS 541512. A Joint Venture team which qualifies for a small business contract award shall be considered ‘small’ for task order competitions until which time a size recertification is required (5 years post award, or as required by the Contracting Officer).

(b) SBA Mentor-Protégé Agreements: Offerors proposing under the auspices of the Small Business Administration (SBA) Mentor-Protégé Programs shall submit with their offer a copy of their welcome/acceptance letter from the SBA. A Mentor-Protégé team shall qualify as a small business for small business set-aside task order competitions until which time a size recertification is required (5 years post award, or as required by the Contracting Officer).

m) Question: Will vendors be reimbursed for any portion of the RFI or solicitation participation?

Answer: The Government will not reimburse companies for any aspect of their participation in the RFI or solicitation, if issued.

n) Question: Please provide a high-level summary of the next steps.

Answer: See below notional milestones:

Request for Information

Market Research Request for Information (RFI): The Government will review vendors’ RFI responses, and if applicable, additional market research findings to determine which vendors most likely to successfully meet the agency’s requirements. The select vendor(s) will be eligible to compete for the BOSS contract award.

Vendors that do not respond to the RFI will not be considered for the alternative competition, and will not be eligible to compete as prime offerors. Submission of a RFI response does not guarantee a vendor’s eligibility to compete for BOSS.

DRAFT Solicitation: The DRAFT solicitation and other applicable attachments are included with this RFI for reference.

Final Solicitation: The final solicitation will be released to the vendor(s) deemed most likely to successfully meet the agency’s requirements. The USPTO intends to utilize a phased evaluation approach which is outlined below:

Phased Evaluation: The USPTO intends to evaluate proposals in two phases and progressively reduce the number of offerors being considered for contract award. The purpose of this procedure is to reduce the time and cost of source selection, both for the government and for the competing offerors. The USPTO reserves the right to award contracts after the completion of Evaluation Phase 1.

Evaluation Phase 1 The USPTO will evaluate offers based on the following Phase I evaluation factors, and eliminate any that are not sufficiently competitive to be selected for Evaluation Phase II (or contract award):

Evaluation Factors (Phase I)

• Factor 1: Small Business Participation

• Factor 2: Past Performance

• Factor 3: Program Management and Staffing Approach

• Factor 4: Price

Evaluation Phase 2 After the completion of Phase I evaluations, selected offerors may be invited to participate in a Technical Challenge. Details of the challenge will be outlined in an invitation letter sent to offerors selected under Phase I. This letter will outline the details of the challenge, including date, time, scope, and instructions. Upon completion of Phase II evaluations, the Government will conduct a best value trade-off analysis to determine which offerors represent the best value to the Government.

Evaluation Factors (Phase II)

• Factor 4: Price

• Factor 5: Technical Challenge

Award: Contract awards will be issued to both large and small vendors, after the completion of a best value trade-off analysis.