JEFO_PALM_OACS.pdf

Form # USPTO-OP-023.v1.0 (12/15) 1

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

(Limiting Competition, Sole Source, or Brand Name)

(FAR 16.505(b)(2))

Program Office: CIO/Office of Application Engineering and Development/Patent Systems Division

Program Office

POC:

Fernando Boccanera

Title of Procurement:

PALM SERVICES IN SUPPORT OF OFFICE ACTION CORRESPONDENCE

SUBSYSTEM (OACS) ENHANCEMENTS 2016

Contracting Officer:

Tashiana Carter Contracting Activity:

USPTO Office of Procurement

Contracting Officer Phone:

571-272-4202 PR Number: AQPP1600299

1. Description of the Action

This is a new task order to support project “OACS Enhancements to include form paragraphs and quality initiatives phase 2”. The main task order for the project is DOC56PAPT1600361.

2. Description of the Supplies/Services

Services are required for requirements clarification, translating high-level requirements to testable technical requirements, designing, coding, testing, and implementing all technical requirements derived from the high-level business requirements. The high-level requirements will be provided by the “OACS Enhancements to include form paragraphs and quality initiatives phase 2” project and are all related to PALM services that support the posting of Office Actions (OA) by patent examiners.

The period of performance of the task order is from date of award to 8/30/2016 and the Independent Government Cost Estimate is $68,180.50.

3. Exception to Fair Opportunity and Supporting Rationale

FAR 16.505(b)(1)(i) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding $3,500 unless a statutory exception applies. The specific exception that precludes the fair opportunity process for this acquisition is FAR 16.505(b)(2)(i).

(C) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.;

2020 Company developers are subject matter experts in PALM with over six years of PALM ExPO experience and domain knowledge. They are familiar with the PALM system and USPTO's System Development Life Cycle (SDLC) processes. 2020 Company provided PALM services in support of the 2015 OACS Enhancement project and the 2016 OACS Enhancement project is a continuation of the 2015 project.

Form # USPTO-OP-023.v1.0 (12/15) 2

4. Determination by the Contracting Officer that anticipated cost will be fair and reasonable

The anticipated cost of this acquisition will be fair and reasonable as evidenced by the signature of the Contracting Officer. Detailed documentation and justification of price reasonableness will be disclosed in the Acquisition Form Documentation (AFD) to be prepared upon completion of negotiations.

5. Other Facts Supporting the Justification

Onboarding a different Contractor would present a steep learning curve to learn and comprehend the current PALM production and environmental challenges, understand PALM ExPO and its interfacing systems, and provide impact analysis and implementation of new processes. This lengthy process would negatively impact the project schedule and also would pose a quality risk due to the limited knowledge of the other Contractor. It is estimated that the onboarding and transition phase would add an additional 800 labor hours which would delay the schedule by at least 10 weeks and cost $96,000.

The sole-source approach eliminates the learning curve associated with using a new Contractor, preserves valuable team cohesion and knowledge, reduces schedule and performance risk, and reduces cost.

6. Actions to remove or overcome barriers to fair opportunity before subsequent acquisition

PLIC portfolio manager is striving to develop additional PALM expertise among SDI-NG vendors.

Increase competition in the future in a way that there will be more than one source that is qualified.

7. Contracting Officer’s certification

The contracting officer’s signature on the signature page evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

8. Program Office certification of completeness and accuracy

As evidenced by their signatures on the signature page, the technical and/or requirements personnel have certified that any supporting data contained herein which is their responsibility are both accurate and complete.

9. Approving Official determination

The approving official’s signature on the signature page evidences that he/she has determined that one of the circumstances in (b)(2)(i)(A) through (E) of this section applies to the order.

Form # USPTO-OP-023.v1.0 (12/15) 3

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

COORDINATION AND APPROVAL PAGE

(<$700,000)

Contracting Activity: USPTO Office of Procurement

Purchase Request Number:

AQPP1600299

Program Name:

Estimated Price of the Order (w/options):

Authority:

FAR 16.505(b)(2)(i)

(C) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.;

Type Determination:

Individual

Concurrence:

Program Office Representative: ____________________________ ______________

Fernando Boccanera Jr., Task Order Manager Date Signed

Approval:

Contracting Officer: ____________________________ ______________ Tashiana Carter, Contracting Officer Date Signed