1333BJ25R00150009 - Phase 1 QandAs - AMD 0001.pdf

Question No. Page No. Section No. Question Answer

1 58 7. Instructions for Submissions, A. Phase 1: Factor 1 – Demonstrated Past Experience (Recorded Oral Presentation)

Topic 3 of the oral presentation asks for experience with proprietary USPTO tools.

As written, only an incumbent firm would be able to address this requirement. Will the Government consider as relevant, past performance that includes provision of automation tools that are comparable to USPTO proprietary tools?

The final solicitation posted on April 7, 2025 has updated this section.

2 60 7. Instructions for Submissions, D. Phase 2: Factor 3: Past Performance (Written)

Will the Government reconsider the $30,000,000 annual threshold for past performance to be considered relevant? This figure is far in excess of the Government's stated estimated annual value provided on page 62 of $6.0 to $8.0 Million.

The final solicitation posted on April 7, 2025 has updated this section.

3 60 7. Instructions for Submissions, D. Phase 2: Factor 3: Past Performance (Written)

On page 60 under, Currency and Relevancy Criteria - "For all references, the contract’s value must be $30,000,000 or more per year over the life of the contract."

Can you confirm this is still relevant (and any conflict with NACIS code 611430/ via small business requirements). Ultimately, wish to understand if flexibility or smaller thresholds.

The final solicitation posted on April 7, 2025 has updated this section.

4 60 7. Instructions for Submissions, D. Phase 2: Factor 3: Past Performance (Written)

Please clarify whether the $30M annual past performance requirement may be reconsidered or flexibly applied to ensure broader small business participation?

The final solicitation posted on April 7, 2025 has updated this section.

5 60 7. Instructions for Submissions, D. Phase 2: Factor 3: Past Performance (Written)

Please clarify whether smaller firms with relevant experience on multiple lower-value but similar scope contracts would be considered responsive?

The final solicitation posted on April 7, 2025 has updated this section. Qualified 8(a) small businesses are encouraged to respond.

6 11 6. Deliverables The Government lists “Appoint Program Manager – due NLT One (1) day after award”.

In our reading of the Draft RFP, contractors must provide their Program Manager as Key Personnel upon proposal submittal. We believe these items contradict each other.

The Government feels these requirements are not contradictory and will not be changed. A Program Manager is to be proposed and, once awarded, then appointed NLT one (1) day after award.

7 Attachment 8/Pricing Matrix The Government has a Graphic Artist listed on the Attachment 8 – Pricing Matrix, but lists it as a Graphic Designer in Attachment 2 -Labor Category Descriptions

The final solicitation posted on April 7, 2025 has updated this to Graphic Designer.

8 60 7. Instructions for Submissions, D. Phase 2: Factor 3: Past Performance (Written)

We noted the Government lists “For all references, the contract value must be $30,000,000 or more per year over the life of the contract.”

The final solicitation posted on April 7, 2025 has updated this section.

9 Pricing Matrix We noted that the Government anticipates a 2-month transition period but did not see this 2- month transition period pricing on the Attachment 8 – Pricing Matrix

This remains unchanged

10 Pricing Matrix We noted that the Pricing Matrix the Government did not define Man Year Hours (i.e. 1912, 1880, etc.).

Full-time hours of 1896 have been included in the Pricing Matrix that was posted with the final solicitation on April 7, 2025.

11 Past Performance We noted that there is no clear direction on use of Affiliated Past Performance for other than a submitter recently acquired or merged. We provide some background information on Affiliated Past Performance (APP)

The final solicitation posted on April 7, 2025 has updated this section.

12 60 7. Instructions for Submissions, D. Phase 2: Factor 3: Past Performance (Written)

For all references, the contract’s value must be $30,000,000 or more per year over the life of the contract. Wondering if the Government would consider eliminating the requirement.

No, the requirement will not be eliminated. The final solicitation posted on April 7, 2025 has updated this section.

13 Wondering if the name of the incumbent is available so we reach out about the possibility of teaming.

This requirement was previously part of the USPTO Knowledge Management Services Training Support and Library Services contract 1333BJ20C00151001.

This was awarded to ASRC, UEI: H2EKDUKQQLD3 in May 2020. This requirement only covers Training Support Services portion of the original contact.

14 Are there any government-provided labor category definitions (e.g., GSA, OPM, or USPTO-specific) that offer guidance on qualifications, duties, or mappings for the roles outlined in Attachment 2?

The duties and qualifications required of the labor categories are provided in Attachment 2. We do not have any additional definitions.

15 Will the government be evaluating price realism in addition to price reasonableness, particularly in the context of small business pricing and labor rates?

The Government intends to conduct its price analysis in accordance with the solicitation.

16 Are there any incumbent contractors currently performing this work, and if so, are labor categories and historical rates available for reference?

This requirement was previously part of the USPTO Knowledge Management Services Training Support and Library Services contract 1333BJ20C00151001.

This was awarded to ASRC, UEI: H2EKDUKQQLD3 in May 2020. This requirement only covers Training Support Services portion of the original contact.

17 Should indirect rates (overhead, G&A, fee) be broken out separately in the pricing volume, or should we submit fully burdened labor rates only?

Offerors should refer to Section 7 "E. Phase 2: Factor 4: Price (Written)" and submit fully burdened hourly rates.

18 Is there a required or preferred pricing format (e.g., Excel workbook, SF-1449 attachment, or agency-specific template) that offerors must use for cost submissions?

An amendment will be issue updating the Pricing Matrix, Attachment 8. The pricing submission is not required until Phase 2. The Government will utilize the Pricing Matrix as the preferred format for evaluations.

19 66 III.3.1 Many companies are structured with multiple divisions or multiple legal entities that individually perform Prime Contracts but fall under a broader corporate umbrella.

Recognizing such corporate structures exist across the industry, the procurement rules and numerous GAO decisions have made clear that procuring agencies may evaluate and credit an offeror with the past performance and corporate experience of sister subsidiary companies where the offeror’s proposal demonstrates that the resources of the sister subsidiary (e.g., workforce, management, facilities, or other resources) will be meaningfully contributed to contract performance. See GM–Bulltrack, B- 414591.6 (Comp. Gen. Oct. 30, 2018) (holding that an agency may properly attribute the experience or past performance of a sister subsidiary), and Iyabak Construction, LLC, B-409196 (Comp. Gen. Feb.6, 2014) (holding that the agency failed to articulate a rational basis for solicitation’s refusal to consider experience and past performance of sister subsidiaries).

Would the Government please confirm that the Offeror may cite the prime contract past performance and corporate experience of a sister subsidiary company as prime so long as the Offeror demonstrates how the resources of the sister subsidiary will meaningfully contribute to the performance of the opportunity?

The final solicitation posted on April 7, 2025 has updated this section.

20 60 III.7.D With regards to past performance: “For all references, the contract’s value must be $30,000,000 or more per year over the life of the contract.” Would the government please consider lowering this annual contract value requirement for past performances? The current requirement as it stands will exclude a significant group of otherwise capable 8(A), Small Businesses. RECOMMENDATION: Change the requirement to 2 past performance requirements with at least one contract’s annual revenue at $6M or above (which is the stated affordability for the base year of this requirement).

The final solicitation posted on April 7, 2025 has updated this section.

21 58 111.7.A With reference to the Phase 1, Factor 1 Topic 3: “Detail your experience using, receiving, or delivering training on proprietary USPTO automation tools and process. Refer to section 4.1.3 (b) of the PWS.” Would the government please consider revising this to include experience with similar automation tools within the industry, rather than USPTO proprietary tools, which greatly limits the experience to incumbent companies?

The final solicitation posted on April 7, 2025 has updated this section.

22 54 III.2 Will the Government consider extending the timeline for Phase 1 by 2 weeks. We anticipate that the answers to Q&A would materially change the responses to meet the new requirements.

No, the timeline provided in the solicitation posted April 7, 2025 will need to be adhered to. The Government is aiming to award this contract by May 15, 2025 which does not allow for extensions at this time.

23 Can we request the Government for the Incumbent vendor’s Name & their contract number (which is currently underperformance)?

This requirement was previously part of the USPTO Knowledge Management Services Training Support and Library Services contract 1333BJ20C00151001.

This was awarded to ASRC, UEI: H2EKDUKQQLD3 in May 2020. This requirement only covers Training Support Services portion of the original contact.

24 What is the total award value (size) of the current contract, which is presently ongoing by the Incumbent vendor?

The current Knowledge Management Services Training Support and Library Services contract, 1333BJ20C00151001, was awarded in the amount of $63.6M.

25 Can the government provide the incumbent vendors name and existing contract number?

This requirement was previously part of the USPTO Knowledge Management Services Training Support and Library Services contract 1333BJ20C00151001, which was awarded to ASRC, UEI: H2EKDUKQQLD3 in May 2020. This requirement only covers Training Support Services portion of the original contact.

26 In addition to Alexandria, VA, does the government require personnel and trainers to be in-person in additional locations?

No

27 Does the government require full-time in person work, or will the government consider a hybrid model where work can be conducted at the contractor facility and supported by multiple trips to the USPTO location?

Some work can be done virtually (but due to security reasons, must be within the United States and according to USPTO telework rules), except for instructional/support needs for Government employees on the Alexandria campus. Per the PWS, "The Alexandria office requires at least two ITRP’s to be physically onsite to provide in person support daily. If there are on-campus classes or new examiner academies, additional ITRPs may be required onsite to support these efforts. DMS requires a Contractor to be physically onsite on an as-needed basis to provide multimedia support." If Department of Commerce requires USPTO to bring more federal staff to the Alexandria, VA campus, additional, or all, contractor staff may be required to be on campus to provide training and instructional support. Travel is not authorized for this contract.

28 Is this initiative / contract fully funded by the government and agency across all base and option years?

The Governments intends to fully fund the base year at time of contract award.

The base year will be fully funded. Option CLINs are not funded at time of contract award, yet, they will be priced. Exercising option CLINs will be executed in accordance with FAR 52.217-9, Option to Extend the Term of the Contract or 52.217-8, Option to Extend Services.

29 Does the government expect surge capability of trainers and instructional designers to support additional courses/module and volume capacity through out the duration of the contract? If so, what year (base, option 1, option 2, etc.) may this occur?

Availability of contract personnel for training/support is dependent on USPTO hiring and patents software deployments and may be susceptible to surges throughout the duration of the contract. Training provided month over month, however at times when USPTO is hiring patent examiners and at time of software deployments there may be a greater need for training.

30 Will the government accept CPARS instead of PPQ submissions? An amendment will be issued to update Section 7D to allow for CPARS submissions.

31 Solicitation PDF pg56

Section 7. A. Under Past Experience, Solicitation states

"If applicable, Offerors may provide relevant resources or relevant past performance from a parent, affiliate, predecessor company, or subcontractor (including joint venture partners), provided those entities are meaningfully involved in contract performance. The proposal must clearly demonstrate that the identified relevant resources (e.g., key personnel, management, facilities) will be provided or relied upon for performance, and that these entities will play a substantive role in fulfilling contract requirements."

Please confirm this is also applicable to Phase 2, Pg 59, D. Phase 2: Factor 3: Past Performance (Written), ii Relevancy

An amendment will be issued to update Sections 7A, 7C2, and 7D

32 Attachment 5 pg3 Training Document Deliverables Could the Government please confirm this procurement is actually a Firm-Fixed- Price Level-of-Effort (FFP LOE) contract?

If it is a FFP contract, we respectfully request that the Government specify the expected number of deliverables required for each of the following items listed in Attachment 5 – Reporting and Deliverables Requirements: Deliverables 19, 20, 21, and 22.

The contract will be a Firm Fixed Price (FFP) contract and not FFP LOE. The historical number of trainings can be found in Attachment 4.

33 Solicitation PDF pg56

Section 7. A. Will the Government permit the submission of a past performance reference from a subcontractor, or will only past performance references from the prime contractor be considered acceptable?

Updated have been made to Section 7D. Please review this section carefully.

34 PWS §4.1.3(b) For Phase I, the RFP requests that offerors “detail experience using, receiving, or delivering training and support on proprietary USPTO automation tools or complex software/work processes on a large scale.” This seems unduly restrictive, considering only the incumbent would have experience on proprietary systems. Will the government please consider revising?

No, the statement is not restrictive as it states "proprietary USPTO automation tools or complex software/work processes on a large scale" (bolded for emphasis). The sentence will not be revised. The sentence allows for Offerors to detail experience using, receiving, or delivering training and support on complex software/work processes on a large scale.

35 PWS §4.1.1(d), 4.3(c), 4.3(f) Regarding the requirement for 508 compliance of training materials (e.g., manuals, eLearning modules), can the Government confirm:

1. Whether we must use specific 508-checking software or existing Government-approved accessibility scanning tools?

2. Whether the USPTO will supply any plug-ins or templates for compliance verification, or is it the Contractor’s responsibility to provide all 508 compliance tooling?

508 checking software is available on the USPTO baseline which will also be provided to the Contractor. No additional contractor/vendor 508-specific software of plug-ins will be required.

36 PWS §4.3 (c), (d), and (e) The PWS mentions Adobe Creative Cloud, Adobe Captivate, Articulate Storyline 360, etc. Does USPTO currently maintain enterprise licenses for these authoring tools on GFE (Government Furnished Equipment), or is the Contractor expected to acquire (and include in our pricing) such software licenses?

The USPTO maintains all necessary software licenses used for eLearning course authoring and development. Software listed in the PWS will be provided to the contractor for use during contract performance. The contractor/vendor is not expected or required to acquire software licenses and should not include in pricing.

37 PWS §4.1(f) PWS states the Contractor “shall have the capacity to support up to 15 concurrent classes with instructors and backups” while still covering Hotline/Chat/Assists services. Could the Government please provide historical data on:

The maximum simultaneous classes run in the past 12 months?

Typical instructor-to-student ratios for these classes? This will help us project staffing plans accurately.

Within the past 12 months, the maximum number of classes over the course of one day has been 33, with different classes happening at different times.

However, concurrently the average is 15. Instructor to student ratio is usually

1.5 (primary instructor with a back-up instructor covering 2 classes) to 20-25 students. Contractor is expected to provide coverage for all Government instruction/support needs through management of their staff.

38 PWS §4.1.3(a), Attachment 4 (Historical Volumes) Attachment 4 references “Historical Volumes of Training Areas.” Will the Government also provide monthly or quarterly breakdowns of peak usage periods for the hotline/chatroom, or peak new-hire training cycles? This information helps us gauge potential staff surges and ensure coverage for high-volume support windows.

The Government cannot provide this information. Attachment 4 is available for historical data.

39 PWS §13 and Attachment 7 For the onsite and remote instructors, will the Government provide:

Computers/laptops with pre-installed collaboration tools (MS Teams, WebEx) and any needed software?

Remote VPN or direct USPTO network accounts?

Headsets/AV equipment for virtual classroom sessions?

Please see attachment 7; GFE can change according to Government baseline changes.

40 PWS §4.5 Under the 60-day Transition-In, can the Government confirm:

Will the incumbent be contractually obligated to share existing knowledge bases, training guides, or historical class records with the new Contractor?

If so, are there any specific repositories (e.g., SharePoint) or standard file formats we should anticipate for retrieving this data?

All databases are on USPTO servers and will be available upon contract start date. Software needed to access this data is on the Government GFE baseline.

41 PWS §4.1.5, 5(a), 6 The PWS requires establishing “measurement instruments” (evaluations, surveys, etc.) and implementing improvements. Could the Government clarify:

Is there an existing evaluation framework or specific set of Kirkpatrick-level (or similar) metrics the Government prefers?

How quickly does the Government typically provide feedback or approvals on proposed surveys or evaluation changes?

ATS typically only does level 1 Kirkpatrick metrics. The Government typically provides feedback/approvals or evaluations within 1-3 business days.

42 PWS §4.2 (ATS) and §4.4 (DMS) The PWS references specific suggested labor categories (Program Manager, Instructor/Trainer, eLearning Designer, etc.) but also states the Contractor “may propose alternative labor categories.” Are we permitted to consolidate or rename categories if they meet/exceed the responsibilities listed, as long as we map them clearly to the PWS tasks?

For ATS, the Contractor may propose alternative labor categories as long as they map specifically to the PWS and can explain clearly how the work will be done.

DMS requires contractor/vendor staff roles to fully meet qualifications (not similar) outlined in the labor categories. Fully equivalent roles with different titles are acceptable.

43 PWS §§4.1.4(c), What LMS platform is in use, and which of its capabilities are you leveraging? Currently a custom Cornerstone OnDemand (CSOD) LMS is used.

44 PWS §§4.3 Please confirm whether or not this work can be performed off-site at the contractor’s location or if this work must also be done at the USPTO location in Alexandria?

Some work can be done virtually (but due to security reasons, must be within the United States and according to USPTO telework rules), except for instructional/support needs for Government employees on the Alexandria campus. Per the PWS, "The Alexandria office requires at least two ITRP’s to be physically onsite to provide in person support daily. If there are on-campus classes or new examiner academies, additional ITRPs may be required onsite to support these efforts. DMS requires a Contractor to be physically onsite on an as-needed basis to provide multimedia support."

45 Given that questions are due on April 9th, will the Government consider granting a one-week extension for Phase 1 following the receipt of answers?

No, the timeline provided in the solicitation posted April 7, 2025 will need to be adhered to. The Government is aiming to award this contract by May 15, 2025 which does not allow for extensions at this time.

46 In reference to Phase 1, a recorded presentation will be well over 10 MB. What method does the USG recommend offerors use to deliver a large file via email? Is the offeror's large file send format acceptable? Will the USG allow a test of the file send to ensure receipt?

Recorded Oral Presentation files are not to be submitted via email, rather in accordance with Solicitation Section 3.1 Instructions for Submissions-Recorded Oral Presentations.

47 Can you clarify the specific evaluation factors and their relative weightings (e.g., technical capability, past performance, management approach, price)?

See Section IV - Evaluation Criteria and Basis of Award section of the Solicitation

48 Is there a best value trade-off anticipated, or will the lowest priced technically acceptable (LPTA) approach be used?

See Section IV - Evaluation Criteria and Basis of Award section of the Solicitation

49 Can you clarify expectations around incumbent contractor transition, including any anticipated data, access, or support hand-offs?

The Government anticipates a minimal transition of artifacts (i.e.. SOPs, database information, etc.) from the Government to the new vendor. There may not be a transition from the incumbent contractor to the new vendor.

50 Is the incumbent contractor eligible to re-bid, or is a transition-in anticipated to require full onboarding of new staff?

This acquisition is competed as an 8(a) set-aside. The eligibility rules of an "incumbent contractor" re-bidding is found in the 8(a) program regulations.

51 Can you confirm if offerors must strictly adhere to the suggested labor categories, or if equivalent roles with similar qualifications will be accepted?

For ATS, the Contractor may propose alternative labor categories as long as they map specifically to the PWS and can explain clearly how the work will be done.

DMS requires contractor/vendor staff roles to fully meet qualifications (not similar) outlined in labor categories. Fully equivalent roles with different titles are acceptable.

52 Is there a historical or estimated level of effort by labor category that you can share (e.g., FTE count, number of instructors needed concurrently)?

Offerors need to provided their solutions based on the information presented in the solicitation, including the PWS.

53 Can you provide samples or references for the USPTO Visual Brand Identity Guide and Writing Style Guide referenced in the PWS?

No. The guides are proprietary to USPTO and cannot be shared until after contract award.

54 Will there be access to the USPTO’s LMS sandbox or documentation for integration planning during the proposal stage?

No.

55 Can the USPTO confirm which tools/platforms (e.g., Adobe, Articulate, MS Teams, WebEx) are currently in use and expected for content development?”

See Attachment 3. In addition, the following tools/platforms are provided by USPTO and currently in use and expected for content development: Adobe Creative Cloud, Adobe Premier Pro, Adobe Captivate, Photoshop, Adobe Audition, Adobe Acrobat, Articulate Storyline 360, Rise 360, TechSmith Camtasia, SnagIt, MS Office, MS Teams, and Webex.

56 Are licenses or access to development software provided by USPTO, or should the contractor include those in the pricing?”

USPTO maintains all necessary software licenses used for eLearning course authoring and development. The contractor/vendor is not expected or required to acquire software licensing and should not include in pricing.

57 Can you confirm the expected percentage of training and support services delivered remotely vs. in-person across HQ and regional offices?

No, due to possible government staffing changes. There is no in-person Contractor staffing in regional offices.

58 Will the USPTO provide remote access credentials for virtual collaboration and delivery during the base period?

Yes.

59 Will templates be provided for deliverables such as the Monthly Training Report or Quality Control Plan?

Upon contract start, Contractor will be provided copies of existing reports.

60 Is there flexibility in how training evaluation data is collected and presented, or must contractors use USPTO-specific forms and systems?

Contractors need to follow established USPTO data formats to ensure continuity for reporting at the end of the fiscal year.

61 Will USPTO publish a Q&A from all vendor inquiries, and will there be an industry day or pre-proposal conference

This Q&A sheet incorporates all questions asked of the solicitation. There will not be an industry day or pre-proposal conference.

62 Can you provide more detail on the intended rollout timeline and key milestones for this training initiative, including any phased implementation or pilot programs?

No.

63 What is the expected lead time for content development prior to training delivery, and will content creation be aligned to a fixed delivery schedule or a flexible, on-demand approach?

Refer to the PWS. Lead times may vary. Content creation may have both fixed or flexible schedules; it's dependent on Government's needs.

64 How do you envision balancing traditional instructional methods with AI-driven, adaptive learning approaches (e.g., coaching, personalized learning paths), and are there specific technologies or frameworks currently in use or preferred by USPTO?

This contract is not intended to be an IT contract, therefore, AI-driven software and/or solutions would not be appropriate for this requirement. Please refer to the PWS and Attachment 3 with the list of software and e-tools used by USPTO.

65 What types of data and reporting outputs are most valuable to USPTO for tracking learner progress, engagement, and program effectiveness (e.g., completion rates, behavior change metrics, knowledge retention, etc.)?

ATS only uses Kirkpatrick level 1 analysis.

66 59 D. Phase 2: Factor 3: Past Performance (Written) "For all references, the contract’s value must be $15,000,000 or more over the life of the contract." Can you clarify that these references ONLY apply for Phase II?

An amendment will be provided updating Section 7A

67 54 1. Instructions for Submissions – Recorded Oral Presentations

This section states, "A copy or link of the video recording shall be submitted with the proposal submission. Acceptable methods for video submission include, but not limited to, YouTube private video or Vimeo. Any video submission shall be available for viewing from Government computer systems and secure." Are vendors able to integrate rapid eLearning tools for their recorded oral presentation? Would these tools be an acceptable method for video submission?

No, do not integrate rapid eLearning tools in the recorded oral presentation.

Rapid eLearning tools are not an acceptable method for video submission. See solicitation Section 3.1 for submission instructions of the oral presentation(s).

68 12 8. 1352.246-70 Place of Acceptance This sections state, "The Alexandria office requires at least two ITRP’s to be physically onsite to provide in person support daily. If there are on-campus classes or new examiner academies, additional ITRPs may be required onsite to support these efforts. DMS requires a Contractor to be physically onsite on an as-needed basis to provide multimedia support." Would the government please clarify which Labor Categories are expected to be onsite?

For ATS, contractor staff capable of providing technical instruction and support.

The Contractor is expected to know who on their staff can provide this service.

69 53 1. Instructions for Submissions – Recorded Oral Presentations

It is stated that, " An individual shall not participate in more than one submitter's oral presentation.". Would the government please confirm that individual personnel are to be considered exclusive to a single proposal response?

Amendment 0001 has clarified solicitation Section 3.1, Instruction for Submissions - Recorded Oral Presentations.

70 53 1. Instructions for Submissions – Recorded Oral Presentations

It is stated that, "An individual shall not participate in more than one submitter's oral presentation" Would the government please confirm that individuals from the same team are allowed to participate in multiple presentations (for example, May the Program Manager present in both the Phase I and the Phase II oral presentations)?

Amendment 0001 has clarified solicitation Section 3.1, Instruction for Submissions - Recorded Oral Presentations.

71 57 If the offeror can demonstrate experience delivering training and support on automation tools and complex software/work processes on a large scale outside of the USPTO, would the government accept that experience?

Please read the solicitation instructions and evaluation section carefully when submitting your proposal(s). Section 7A provides clear instructions related to this question. Also, refer to question #34, above.