DOC52PAPT1300014_IDEAI2_SetAside.pdf

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS

(15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

DOC52PAPT1300014 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

07/16/2013

6. REQUISITION/PURCHASE NUMBER

CODE PROC2256

Office of Procurement US Patent and Trademark Office Attn: MS 6, Office of Procurement P.O. Box 1450 Alexandria, VA 22313-1450

7. ISSUED BY

Office of Procurement US Patent and Trademark Office Attn: MS 6, Office of Procurement P.O. Box 1450 Alexandria, VA 22313-1450

8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

MDE Lobby 02:00:00 08/22/2013

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ______________________________________________________ until ________________ local time _________________

10. FOR

INFORMATION

CALL:

A. NAME

Linda Applewhite AREA CODE

NUMBER

272-2256

EXT.

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

linda.applewhite@uspto.gov

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES 46

X B SUPPLIES OR SERVICES AND PRICES/COSTS 1 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECS./WORK STATEMENT 8 X J LIST OF ATTACHMENTS 50

X D PACKAGING AND MARKING 13 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 16 X K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE 17

X L INSTRS., CONDS., AND NOTICES TO OFFERORS 62X G CONTRACT ADMINISTRATION DATA 22

X M EVALUATION FACTORS FOR AWARD 81X H SPECIAL CONTRACT REQUIREMENTS 27

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within _______________________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section 1, Clause No. 52.232-8)

10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

CALENDAR DAYS

NUMBER

PERCENTAGE

0.00

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

DOC52PAPT1300014

Section B – Supplies or Services and Prices/Costs

The Government expects to award multiple contracts as a result of this competition. The Government has not pre-determined the number of contract awards; however, it will be a sufficient number to maintain competition on task orders. This acquisition is a total small business set aside. The Government will allocate the work through managed competition between the Contractors, in accordance with Section G.

B.1 Period of Performance

Base Period March 1, 2014 – February 28, 2015

Option 1 March 1, 2015 – February 28, 2016

Option 2 March 1, 2016 – February 28, 2017

Option 3 March 1, 2017 – February 28, 2018

Option 4 March 1, 2018 – February 28, 2019

B.2 Maximum Contract Limitation

The maximum cumulative ceiling value of all contracts in this multiple award procurement is established at $115,209,000

B.3 Labor Hour Estimate

The Contractor shall provide all labor required to support the tasks awarded under this contract, utilizing the labor categories and rates specified in Attachment 12, Labor Categories and Rates.

The following tables specify the maximum obligation of the Government

(a) CLIN 001

Period of Performance

Total Number Labor Hours

Labor Hours Off-Site

(Contractor Site)

Labor Hours On-Site

(Government Site)

Base Year March 1, 2014 – February 28, 2015 139,400 Option Year 1 March 1, 2015 – February 28, 2016 139,400 Option Year 2 March 1, 2016 – February 28, 2017 139,400 Option Year 3 March 1, 2017 – February 28, 2018 139,400 Option Year 4 March 1, 2018 – February 28, 2019 139,400

TOTAL Labor Hours: 697,000

TOTAL Estimated Price $ $ $

(b) Optional Quantities

(1) CLIN 002.A

Period of Performance

Total Number Labor Hours

Labor Hours Off-Site

(Contractor Site)

Labor Hours On-Site

(Government Site)

Base Year March 1, 2014 – February 28, 2015 25,000 Option Year 1 March 1, 2015 – February 28, 2016 25,000 Option Year 2 March 1, 2016 – February 28, 2017 25,000 Option Year 3 March 1, 2017 – February 28, 2018 25,000

March 1, 2018 – February 28, 2019 25,000

TOTAL Labor Hours: 125,000

(2) CLIN 002.B (Optional Quantities)

Period of Performance

Total Number Labor Hours

Labor Hours Off-Site

(Contractor Site)

Labor Hours On-Site

(Government Site)

Base Year March 1, 2014 – February 28, 2015 25,000 Option Year 1 March 1, 2015 – February 28, 2016 25,000 Option Year 2 March 1, 2016 – February 28, 2017 25,000 Option Year 3 March 1, 2017 – February 28, 2018 25,000

(3) CLIN 002.C (Optional Quantities)

Period of Performance

Total Number Labor Hours

Labor Hours Off-Site

(Contractor Site)

Labor Hours On-Site

(Government Site)

Base Year March 1, 2014 – February 28, 2015 25,000 Option Year 1 March 1, 2015 – February 28, 2016 25,000 Option Year 2 March 1, 2016 – February 28, 2017 25,000 Option Year 3 March 1, 2017 – February 28, 2018 25,000

B.4 Contract Type

The Government contemplates awarding multiple Labor Hour contracts resulting from this solicitation. Each contract award will consist of a base period (effective date of award for one year) and four (4) one-year options.

B.5 Task Order Structure

(a) All contract awardees (Contractors) shall have the capacity and capability to perform all aspects of the work identified in Section C, Description/Specifications/Work Statement. Work to be performed under the terms of this contract will be awarded to Contractors by issuance of task orders.

(b) Task orders may be discrete task orders for engineering or design efforts, or level-of-effort task orders for infrastructure, design, engineering, architecture or integration efforts. All task orders will be Labor Hour.

(c) Task orders will be performance-based and will include the performance metrics when issued.

(d) Discrete task orders issued will be subject to Earned Value Management (EVM) reporting.

See Section B.8 for specific details.

B.5.1 Level of Effort Tasks

The Contractor shall perform all work and provide all required task order deliverables within the level of effort specified in Section B.3. The Government intends to order up to 139,400 direct labor hours during the contract base year and during each option period, an amount which represents the Government’s best estimate of the level of effort required to fulfill its requirements.

The Government anticipates multiple awards under this effort and these labor hours are the cumulative level of effort planned in each base and option year periods (total of all labor hours on all awards resulting from this solicitation).

B.5.2 Labor Hour Contract Completion Tasks

Task orders issued for design and engineering efforts, which may be referred to as discrete task orders, are completion tasks. The Contractor is expected to provide all labor required to complete each awarded task.

B.5.3 Labor Hour Pricing Rates

(a) All task orders will be priced in accordance with the labor categories and rates set forth in Attachment 12, Labor Categories and Rates, which represents fully-loaded hourly rates for each skill classification. Fully-burdened labor rates include all direct, indirect, general and administrative costs and profit associated with providing the required skill. The fully-burdened labor rates include all labor and labor-related costs, such as, but not limited to, the following list of representative labor-related costs: salaries, wages, bonuses to include stock bonuses, incentive awards, employee stock options, stock appreciation rights, employee stock ownership plans, employee insurance, fringe benefits, contributions to pension, other post-retirement benefits, annuity, employee incentive compensation plans, incentive pay, shift differentials, overtime, vacation time, sick pay, holidays, and all other allowances based upon a comprehensive employee compensation plan. The use of uncompensated overtime is not encouraged. All hourly rates are based on a 40-hour work-week (ex. 2,000 hours per year or in accordance with the Contractor’s Cost Accounting Standards (CAS) Disclosure Statement), if available. The loaded hourly rates are ceiling price rates and the Contractor may, at its discretion, elect to propose lower hourly rates on a task by task basis.

(1) Government Site Rates. When performing at Government sites, the Contractor shall furnish fully-burdened labor rates. The Government will provide only office space, furniture, office equipment, and supplies as specified in each individual Task Order.

Office equipment would include the use of personal computers and office automation software, to the extent that the Contractor personnel have been granted access to USPTO IT systems. For pricing purposes, offerors should assume Government provision of personal computers.

(2) Contractor Site Rates. When performing at a Contractor site, the Contractor shall furnish fully-burdened labor rates which include loads for office space and all normal supplies and services required to support the work. This includes, but is not limited to, telephones, faxes, copiers, personal computers, postage (to include courier services such as Federal Express), ordinary business software (e.g., word processing, spreadsheets, graphics, etc.), normal copying and reproduction costs.

(b) Program Management Support Costs. Contract-level program management support costs are deemed indirect costs, and are therefore included in the total hourly labor rates for each task order, and encompass support for contract-level management, reporting requirements (See Section F) and related travel and meeting attendance costs associated with the Contractor’s program management staff, as it relates to overall management of the IDEAI-2 program. These “program management” support costs are differentiated from individual task order “Task Order Manager” or “Project Manager” support costs, which are billed as direct costs against individual task orders for direct support to the effort performed under those task orders. This will result in direct billings at the task order level for labor hours in the “Task Order Manager” or “Project Manager” categories, to specifically support project management for the task order.

B.5.4 Rate Refreshment

(a) The labor rates are fixed for all contract year periods, however, the Contractor may submit a proposal reducing the fixed labor rates at any time during the life of this contract. The proposed labor rates for the out years for Option 1 – Option 4 should be all inclusive of any escalations.

The Government will review these proposals and determine if the revised rates are realistic and in the best interest of the Government. If the rates are accepted, the Government will modify the contract by incorporating the new rates into the contract.

(b) At any time and throughout the life of the contract, at the request of either the Contractor or the Government, the Contractor may propose additional labor categories, rates and descriptions in addition to the Government labor categories. These additional labor categories, rates and descriptions will be negotiated on a case-by-case basis (See Section G. for process). The additional categories, rates and descriptions proposed, upon determination by the Government that they are fair and reasonable, will be incorporated by modification into the contract.

B.5.5 Indirect Labor

Contractor employees who do not provide direct services to the Government under the IDEAI-2 contract, but who instead provide support or contribute to the overall operation of the Contractor’s company, such as company management, accountants, attorneys, and other company-wide staff not specifically supporting the IDEAI-2 program, are termed “indirect labor”. Indirect labor costs shall be included in the Contractor’s indirect pool. Task orders for any indirect labor shall not be issued under the IDEAI-2 contract.

B.5.6 Other Direct Costs (ODCs)

All authorized ODCs associated with this contract will be included in task orders and shall be approved by the Contracting Officer (CO). Other direct costs include all direct costs required in the performance of a task order that are not attributable to labor costs. ODCs shall be reimbursed on a time and material basis, unless otherwise negotiated prior to issuance of a task order. Parking at the USPTO for Contractors who are located on the government’s site are considered “commuter expenses” and are not reimbursable costs. Any travel cost authorized under this contract shall be accomplished and billed in accordance with current Federal Travel Regulations and rates.

B.6 Task Orders

(a) The Contractor shall perform work under this contract as specified in awarded task orders issued by the Contracting Officer and as specified in the Task Management Plan (TM02) (refer to Section J.2, Attachment 6).

(b) The USPTO will provide each Contractor with a Task Order Statement of Work (TOS) for each task order required. Contractors are required to submit a Resource Estimate (FN07) for each TOS provided. Resource Estimates shall follow the format specified in Section J.2, Attachment 2. The USPTO will make an award selection based upon the resource estimates.

(c) A Task Management Plan (TM02) is required for every task order. Each Task Order will include:

(1) A numerical designation

(2) The estimate of required labor hours and cost ceiling

(3) The period of performance and schedule of deliverables

(4) The description of the work (consisting of clearly defined task objectives, scope, methodology, resource requirements, and milestones)

(5) Identification of the period (base, option period 1, etc.) to which the Task Order is to be charged if the contract includes overlapping periods.

(d) The Contractor shall acknowledge receipt of each task order by returning to the Contracting Officer a signed copy of the task order within five (5) calendar days after its award and receipt.

The Contractor shall begin work on the Task Order in accordance with the effective date indicated on the Task Order.

(e) Task orders shall not change any terms or conditions of the contract. Where any language in the work assignment may suggest a change to the terms or conditions, the Contractor shall notify the Contracting Officer within five (5) calendar days after receipt of a task order. In the event of a discrepancy between the terms and conditions of the contract and the terms and conditions of a task order issued under the contract, the terms and conditions of the contract shall take precedence until a clarification is made, in writing, by the Contracting Officer.

B.7 Task Order Implementation

(a) A Task Management Plan with detailed descriptions of tasks to be performed, work or deliverables to be produced and task due dates, is required for all discrete and level-of-effort task orders. In addition, all discrete task orders must have a baselined project plan before the task order will be negotiated and approved. Level-of-effort type task orders will not require a project plan. Task Order modifications shall be documented by a Task Management Plan revision (CDRL TM02) (refer to Section J.2, Attachment 6 of this solicitation).

(b) Following execution of the Task Order, technical clarifications may be issued in writing at any time by the COR to amplify or provide additional guidance to the Contractor regarding the performance of the Task Order.

(c) Pursuant to the FAR Clause 52.243-3, " Changes-Time-and-Materials or Labor Hours," as contained in Section I.6 of this solicitation, the Contractor shall notify the Contracting Officer immediately of any instructions or guidance the Contractor considers to be a change to the Task Order which will impact the cost, schedule or deliverable content of the baseline work plan. In cases where technical instructions or other events may dictate a change from the baseline, task orders may be formally amended to reflect modifications to tasking. The Contractor is responsible for revising the work plan to reflect task order amendments within 5 working days following negotiation or issuance of a modification of the task order.

B.8 Earned Value Management System – Task Orders

Each Task Order, when issued, will indicate whether Earned Value Management applies.

(a) In the performance of a discrete Task Order, the Contractor shall use an earned value management system (EVMS) to manage discrete Task orders. The Contractor must use an EVMS that has been recognized by the Contracting Officer (CO) as compliant with the guidelines in ANSI/EIA Standard - 748 (current version at time of Task Order issuance).

(1) Earned Value Management (EVM) shall be applicable to discrete task orders that exceed $1,000,000 and exceed 90 days to complete.

(2) The Contractor will submit contract performance reports in the following format(s):

a. USPTO template (J.2, Attachment 10, Earned Value Management Format Template)

b. Explanations and Problem Analyses for each task order

(3) The Contractor shall submit the contract performance reports noted above on a monthly basis, no later than the 25th day of each month. In the case of the initial contract performance report submission, if USPTO does not approve the Task Management Plan by the 18th of the month, the initial contract performance report submission is not due until the 25th of the following month. When the 25th falls on a Saturday, Sunday, or government holiday, the contract performance reports will be due on the next business day. The contract performance reports are in addition to the required Monthly Status Report (FN01).

(4) Contract performance reports will be transmitted to the USPTO in the specified format program (e.g., Excel) via email to the COR. The USPTO reserves the right to change the specified format or program in advance in which the contractor performance report will be submitted. In the event USPTO requires a different format, the Contractor will be notified at least 60 days in advance. The delivery date of the first report in the new format will be negotiable.

(b) If, at the time of Task Order issuance, the Contractor’s EVMS has not been recognized by the CO as complying with EVMS guidelines (or the Contractor does not have an existing earned value management system that is compliant with the guidelines in ANSI/EAI - 748 (current version at time of Task Order issuance)), the Contractor shall use this non-compliant or non-validated system for an interim period, which will be negotiable between the Government and the Contractor. At the end of the agreed upon interim period, the Contractor shall be prepared to demonstrate to the CO that the EVMS complies with the EVMS guidelines referenced in paragraph (a) of this clause.

(c) Any Contractor-proposed EVMS changes require approval of the CO, prior to implementation. The CO shall advise the contractor of the acceptability of such changes within 30 calendar days after receipt of the notice of proposed changes from the contractor.

(d) The contractor agrees to provide access to all pertinent records and data requested by the Contracting Officer or a duly authorized representative to permit Government surveillance to ensure that the EVMS conforms, and continues to conform, to the performance criteria referenced in paragraph (a) of this clause. Pertinent records may include all supporting documentation that supports the information contained in the contract performance report.

(e) The Contractor shall require the subcontractors specified in each discrete Task Order to comply with the requirements of this clause

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 STATEMENT OF WORK/SPECIFICATIONS

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), in performance of the following Statement of Work/Specifications.

C.1.1 Background

(a) The mission of the United States Patent and Trademark Office (USPTO) is to administer the laws and regulations related to patents and trademarks in order to promote industrial and technical progress in the United States and strengthen the national economy. The USPTO carries out its mission by examining patent and trademark applications, issuing patents and registering trademarks, disseminating patent and trademark information to the public and by encouraging a domestic and international climate in which intellectual property can flourish.

(b) Consistent with the President's Management Agenda, the USPTO is committed to improving transparency in its operations to enhance quality and public confidence. This means reporting information that is more meaningful about workloads and performance. It also means the information shall present a real basis for measuring improvements. The USPTO estimates that by the year 2017 over 692,000 patent applications and more than 517,000 trademark applications will be submitted annually. An estimated 1,200 additional patent examiners are to be hired each year for the next five years in an attempt to reduce patent pendency, which will substantially increase system workloads, and require establishment of remote sites throughout the country.

(c) To support this significant increase in workloads, the USPTO is aggressively pursuing the design and development of new automated information systems and the refinement of existing information systems that will provide automated support to the patent and trademark application processing and examination functions, and dissemination of patent and trademark information to the public through the year 2017 and beyond. For the USPTO to be ready to meet the challenges brought on by the aforementioned increases in application filings, it must meet tight deadlines for its system planning, design and engineering activities, which underscores the importance of prescribing sound foundational designs.

C.1.2 Purpose

(a) The USPTO has a continuing requirement for Infrastructure, Design, Engineering, Architecture, and Integration, (IDEAI-2) contractor(s) to provide independent, objective, and expert technical advice and assistance for ongoing and future information technology initiatives.

(b) The requirement is to provide System Planning, Secure System Design, Infrastructure Engineering, System Engineering, Accessibility Engineering, Enterprise Architecture, Data Architecture, Application Architecture, Security Architecture, Security Engineering, and System Development Life Cycle Support, design of infrastructure system components, and may serve as an unbiased third party in the review of other Government contractors' plans, performance, and products.

(c) The Contractor shall perform system planning, design, and engineering activities in support of the design and implementation of new automated information systems, enhancement of existing systems, and design and implementation of changes to the infrastructure. The Contractor’s work on system design and engineering activities shall provide support to the patent and trademark application processing and examination functions, USPTO management and administrative systems, and dissemination of patent and trademark information to the public through the year 2018.

(d) Examples of technical efforts include, but are not limited to, the planning, design, and implementation of: distributed computer systems; office automation capabilities linked together through a USPTO-wide and wide area or remote (Telework) communications; capabilities for full deployment of the automated patent text and image search, storage, and retrieval systems;

capabilities providing automated support of administrative and management functions;

automation of patent application receipt, assignment, and tracking functions, including the electronic receipt of all patent applications; optical character recognition capabilities; and patent and trademark application receipt and processing.

C.2 Scope of Work

(a) The Contractor shall provide technical support for all phases of system planning and design through deployment to ensure that USPTO Office of the Chief Information Officer (OCIO) information technology (IT) solutions enable its internal and external users to meet their mission, goals, and objectives. These efforts include the full range of infrastructure engineering design, enterprise architecture standards, prototyping and integration, which may also include but are not limited to, concept development, planning, requirements definition and analysis, systems design, integration, and deployment.

(b) The services under development are complex in scope and far-reaching in application, both within and outside the USPTO. Successful development is largely dependent upon the collective efforts of a staff of diverse technical specialists able to respond quickly to the many variables and conditions that accompany a design and deployment effort of this proportion. There is a need for specialized areas of expertise especially in rapidly changing or evolving technologies. It is neither practical nor cost-effective, however, to fully staff all of these specialties in-house on a permanent, long-term basis because the need may be intermittent and short-term

C.2.1 Infrastructure

(a) The Contractor shall provide secure design and implementation of changes to the infrastructure, as well as perform research and provide technical and systems engineering advice, support in the development of advanced technologies for information dissemination and exchange, and support of information technology security.

(b) The Contractor shall advise and assist the USPTO in Infrastructure Engineering activities including but not limited to: investigating methods of UNIX, LINUX, and Windows server clustering; investigating methods of increasing UNIX, LINUX and Windows server performance through the use of load balancing; designing, prototyping, and implementing a multiple vendor based SAN with the existing and future server and storage devices. Design and develop serverless backup and standards based data migration functions over the SAN; and assisting in the engineering design and implementation of Fiber Channel (FC) connectivity between the server farms and the USPTO enterprise data storage devices using Fiber Channel hubs and/or switches.

C.2.2 Design

The Contractor shall advise and assist the USPTO in the design of systems that support emerging enterprise architectures for areas such as IT infrastructure, security, application integration, application architecture, data architecture and distributed computing.

C.2.3 Engineering

The Contractor shall support the USPTO in the provision of a full range of infrastructure engineering design, enterprise architecture standards, prototyping, integration, including, but not limited to, concept development, planning, requirements definition and analysis, systems design, integration, and deployment.

C.2.4 Architecture

The Contractor shall provide the analysis, standards, decision support, and enterprise, system, application, and data architectures that deliver practical, timely, and cost effective solutions for customers and the agency in support of the following:

(a) System/Enterprise Architecture

(b) Application Architecture

(c) Data Architecture

C.2.5 Integration

(a) Substitution and Technology Refreshment: Projects may require expansion, substitution, and/or technical alteration of the infrastructure, which may require the upgrade of USPTO’s infrastructure, software processes, and methodology.

(b) Operational Enhancement

(1) The Contractor shall support software process and tools improvement, and software development methodology improvement.

(2) The Contractor shall enhance technology capabilities of automated information systems and infrastructure to provide external access to the USPTO automated information systems in a secure controlled manner.

(3) The Contractor shall continue an information technology security program for fully certifying and accrediting the security of every automated information system.

(4) The Contractor shall develop standards based on industry best practices, compliant with the Federal Enterprise Architecture (FEA).

(5) The Contractor shall enhance and simplify the technology infrastructure to support business operations in an electronic government environment.

(6) The Contractor shall use USPTO’s Systems Development Life Cycle (SDLC) practices for improved performance.

C.3 Process and Procedures

C.3.1 System Development Life Cycle Enhancement

(a) The USPTO’s new Systems Development Life Cycle (SDLC) framework addresses a nine-phase systems development approach that specifies entrance and exit criteria, related artifacts, and reviews for each phase. The phases are Initiation, Planning, Requirements Analysis, Design, Development, Testing, Implementation, Operations & Maintenance, and Retirement.

(b) The Contractor shall develop, update, and maintain the following Agile artifacts: User Stories and Use Cases, Product Backlog, Sprint Backlog, Product Burn-down Charts, and Release Burn-down Charts.

(c) The Contractor shall adhere to the supporting SDLC processes and any modifications that are implemented by the USPTO as the processes mature.

C.3.2 Change Management

(a) All USPTO Support Contractors shall follow the USPTO Change Management, Release Management, and Problem Management processes. They are integral parts of effective IT Service Management and are part of the ITIL best practices framework.

(b) ITIL disciplines used at USPTO include processes for Service Desk, Incident Management, Problem Management, Configuration Management, Change Management, Release Management, Capacity Management, Availability Management, Continuity Management, Financial Management, Service Level Management and Security Management. The Remedy software product is used by USPTO and shall be used for contractors for Incident Management, Problem Management and Change Management.

C.4 Knowledge Transfer

As the USPTO prepares to complete a project with the assistance of a contractor, it preserves the knowledge that the contractor has amassed over the duration of the project. Knowledge transfer is one method for ensuring that accumulated wisdom does not leave the USPTO once the contractor moves on. Throughout the duration of the contract, the Contractor shall implement a continuing knowledge transfer program to the USPTO to ensure that the USPTO does not lose this valuable information and data. This may be in addition to the requirements for the documentation required under the SDLC.

C.5 Problem Notification

The Contractor shall notify the USPTO's Contracting Officer and COR immediately of all problems that impact or potentially affect the contract, deliverable(s), or project schedule. Such notifications shall be made verbally during normal work hours or at the beginning of the next Government workday. For each problem encountered, verbal notification shall be followed by a written report to the Contracting Officer and copy to the COR within 24 hours after the identification of the problem. This written report shall be submitted in accordance with the format and criteria contained in J.2 Attachment 4, Problem Notification Letter (Contract Deliverable No.

PN01)

C.6 Earned Value Management System (EVMS)

The Contractor shall use an ANSI 748 compliant EVMS to report earned value.

C.7 Qualifications of Contractor Personnel

(a) The Contractor shall propose the labor mix necessary to complete each issued task order.

(b) The USPTO will not provide or pay for training, conferences, or seminars to be given to contractor personnel in order for them to perform their tasks, with the exception of USPTO-specific and specialized training not obtainable outside the USPTO (e.g., patent examination process class). The Contractor is expected to provide trained, knowledgeable personnel according to the requirement of the task order. If it is determined during the performance of the task order that training, conferences, or seminars not specified in the task order are required, only the Contracting Officer may approve the training.

(c) Contractor personnel must possess excellent communication skills (e.g., excellent written and verbal communication skills acquired via customer service work). Excellent verbal communication skills include the ability to establish a professional rapport with customers; be a good listener and obtain required information; see things from another person’s perspective; express knowledge in a clear, simple manner; explain technical matters to non-technical people; and be able to uphold the interests of the USPTO and convince others by making valid and relevant points in a professional manner. Excellent written communication skills includes ensuring text is accurate and is expressed in clear, straightforward manner.

(d) Contractor personnel must possess administrative and project management skills. The USPTO uses Microsoft Project Professional for all project management and Microsoft SharePoint for documentation version control and repository. Staff should be skilled with these tools to electronically update project plans and upload documents to our Enterprise Project Management System (EPMS).

SECTION D - PACKAGING AND MARKING

D.1 Packaging

(a) All items shall be preserved, packaged, packed, and marked in accordance with best commercial practices to meet the packing requirements of the carrier and ensure safe and timely delivery at the destination, in accordance with applicable security requirements.

(b) Cover letters and deliverables are to be assembled together in one complete package; with the exception of technical deliverables required under task orders, addressed to the Contracting Officer. The Contractor is to furnish the Contracting Officer only the cover letters for technical deliverables. This does not apply to any contractual administration documents that the Contractor is required to send to the Contracting Officer.

(c) All deliverables shall be accompanied by a Receipt for Documentation (refer to Section J.2, Attachment 7 for the format). The USPTO will date/time stamp the receipt and return it to the Contractor for their records.

(d) PROCUREMENT SENSITIVE MATERIALS -- All procurement sensitive documents delivered to the USPTO shall be bound under a red cover for easy identification. Procurement sensitive deliverables must be packaged for delivery in a sealed, addressed envelope or box (using the Receipt for Documentation). The envelope or box must be stamped with the procurement sensitive notification. Delivery of procurement sensitive deliverables shall follow the same procedures used for other contract correspondence/deliverables.

(e) Other special packaging provisions may be specified in any Task Order issued under this contract.

D.2 Marking

(a) The contractor shall ensure that all invoices, correspondence, and deliverables are identified with a document control number. The document control number shall identify the contractor and the calendar year, and provide a unique number as identification for the document. For example:

XXAA-08-005.

(b) PROPRIETARY OR SENSITIVE MATERIAL -- The contractor shall isolate all material which it asserts is "proprietary" or "sensitive," and shall provide that material within an appendix or appendices. This isolation includes both material for which the contractor asserts its own rights and material that the contractor asserts is proprietary to other vendor or vendors. The contractor shall appropriately mark that appendix or those appendices; the contractor shall not mark any other pages of the document deliverables. The contractor shall refer the reader, in the main text, to the appendix or appendices. The contractor shall mark the cover of each and every document deliverable with a statement. That cover statement shall: 1) state that there is no proprietary content on unmarked pages; 2) identify the appendix or appendices which contain proprietary content; 3) state the USPTO has complete freedom to distribute the document, without the marked parts, to anyone, including other companies, foreign governments, foreign nationals, and academia; 4) state that the contractor assumes full responsibility for the correct isolation of proprietary content of the marked appendix or appendices. Within the marked appendix or appendices, the contractor also shall provide instructions for handling the information (e.g., "When this information is no longer of use to the Government, return to the contractor or ensure this section is shredded," "After x years, this information is no longer considered sensitive, and may be freely distributed or disposed"). This requirement applies to all tasks under this contract.

(c) PROCUREMENT SENSITIVE MATERIAL -- The contractor shall be responsible for identifying all procurement sensitive documentation. All procurement sensitive documentation shall be properly marked with a statement that the document contains procurement sensitive information.

(d) All deliverables prepared and submitted by the Contractor to the Government shall include the following information on the cover page of each document:

(1) Document control number

(2) Contract number

(3) Task order number

(4) Task number

(5) Activity Number

(6) Deliverable Number

(7) Deliverable Name

(8) Date of document

(9) Cover statement, as required by this clause, that shall:

a. State that there is no proprietary content on unmarked pages;

b. Identify the appendix or appendices that contain proprietary content;

c. State the USPTO has complete freedom to distribute the document, without the marked parts, to anyone whomsoever, including other companies, foreign governments, foreign nationals and academia; and

d. State that the Contractor assumes full responsibility for the correct isolation of proprietary content of the marked appendix or appendices.

(10) Within the marked appendix or appendices, the Contractor also shall provide instructions for handling the information (e.g., "When this information is no longer of use to the Government, return to the Contractor or ensure this section is shredded," "After x years, this information is no longer considered sensitive, and may be freely distributed or disposed").

D.3 Special Distribution Requirements

(a) There is to be only one delivery of documents each business day. Documents shall be delivered no later than 2:00 p.m. each business day. The Contractor shall be responsible for providing a courier to deliver correspondence/deliverables daily and to pick up correspondence going back to the Contractor. Commercial delivery services, such as FedEX, for regular daily delivery are not to be used except in extenuating circumstances.

(b) The Contractor is required to provide the following originals or copies of the original report or deliverable as designated to the following:

(1) Original Cover Letter only - Contracting Officer

(2) One (1) Copy - Contracting Officer's Representative

(3) One (1) Copy - The Task Order Manager

(4) One (1) Electronic Copy – Contracting Officer’s Representative

(5) Copies, as specified within an individual task, will be distributed to the USPTO Task Order Manager for distribution to appropriate USPTO staff.

(c) All copies shall be delivered for centralized control and distribution to the attention of the COR, U.S. Patent and Trademark Office, 600 Dulany Street, P.O. Box 1450, Alexandria, VA 22313-1450.

D.4 Equipment Removal

All Contractor-owned equipment, accessories, and devices located on Government property shall be dismantled and removed from Government premises by the Contractor, at the Contractor’s expense, within 10 calendar days after contract expiration, or as mutually agreed by the Government and the Contractor. Exceptions to this requirement shall be mutually agreed upon and written notice issued by the Contracting Officer. Specific requirements will be addressed in individual TOs.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.252-2 Clause Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/loadmainre.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.246-6 Inspection—Time-and-Material and Labor-Hour May 2001

E.2 Inspection and Acceptance

(a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of supplies and services to be provided under each task order issued under this contract.

(b) Inspection and acceptance will be performed at:

U.S. Patent and Trademark Office 600 Dulany Street, MDW Rm (TBD) Alexandria, VA 22314-5782

(c) Deliverables will be accepted or rejected by the COR. The COR will be appointed by the Contracting Officer and identified in the contract.

(d) All reports, documents, and narrative-type deliverables (except as specified within an individual task order) shall be submitted in draft and final form, in both hard copy and electronic file format. Unless otherwise specified in task orders, the Government will have fifteen (15) working days to determine the acceptability of all completed draft deliverables (the USPTO views draft deliverables essentially as final documents that do not have USPTO comments incorporated within). Any deficiencies shall then be corrected by the contractor and incorporated into the final deliverable within ten (10) working days. The Government will have ten (10) working days to determine the acceptability of completed final deliverables. Deficiencies in final deliverables shall be corrected by the contractor within ten (10) working days.

(e) Deliverables, both hardcopy and software, will be accepted when all discrepancies, errors, or other deficiencies have been resolved to the Government's satisfaction.

(f) Acceptance or rejection of all submitted deliverables (both draft and final) will be formally communicated in writing from the COR within the timeframe specified. All notifications of rejection will be accompanied by specific justification or substantiation of the reason(s) for rejection.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.252-2 Clause Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/loadmainre.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.242-15 STOP-WORK ORDER (APR 1984) AUG 1989

F.2 Period of Performance

(a) The period of performance of this contract, excluding options, shall be from the effective date of the contract and shall continue for one year. If an option is exercised, the period of performance shall be extended through the end of that option period.

(b) The option periods that may be exercised are as follows:

Period Start Date End Date Option 1 March 1, 2015 February 28, 2016 Option 2 March 1, 2016 February 28, 2017 Option 3 March 1, 2017 February 28, 2018 Option 4 March 1, 2018 February 28, 2019

F.3 Place of Performance

(a) The work under Section C, Description/Specifications/Work Statement, is to be performed primarily at the contractor's facility (unless otherwise specified in the task order). However, meetings will be held at the USPTO in Alexandria, Virginia.

(b) As specified in individual task orders, contractor staff identified as critical to the level of effort during certain activities may be required to work at (a) site(s) specified and provided by the Government. The Government may furnish the necessary office space, office furniture, equipment, and telephones as required, on-site. Any facilities and/or equipment provided to the contractor by the Government shall be used exclusively for the performance of contract tasks.

F.4 Meetings

(a) The Contractor shall conduct monthly Task Order Status Reviews with the USPTO’s COR or his/her representative. Subjects for discussion at the meetings shall include at a minimum; but are not limited to:

(1) Work completed during the reporting period.

(2) Technical status reports on all tasks.

(3) Financial status reports on all tasks.

(4) Work schedule for the next reporting period.

(5) Identification of any problems or delays and recommendations as to their resolution with reference to the problem reports submitted in the interim.

(b) The Contractor shall make available all technical personnel associated with the project work areas, which are related to the topics that are listed in the proposed agenda.

(c) Other meetings between the Contractor and the USPTO will be held on an "as required" basis during the performance of the contract. The majority of the meetings will be held at the U.S. Patent and Trademark Office, Madison Building (600 Dulany St., Alexandria, VA 22314);

however, meetings may also be held at the Contractor's facility when determined appropriate by the COR. The Contractor shall be able to attend any meeting called by the USPTO when given a thirty (30)-minute advance notice of such a meeting. As requested, the Contractor shall prepare and submit written minutes of all meetings in accordance with the format and criteria contained in J.2 Attachment 5, Minutes of Meetings (Contract Deliverable No. GD17).

F.5 Contract Deliverables

(a) The following shall be delivered to the USPTO as required in accordance with the format and criteria shown in each attachment listed under Section J.2 List of CDRL Attachments:

(1) Monthly Status Report (Contract Deliverable No. FN01)

(2) Resource Estimate (Contract Deliverable No. FN07)

(3) Letter of Completion (Contract Deliverable No. GD16)

(4) Problem Notification Letter (Contract Deliverable No. PN01)

(5) Minutes of Meetings (Contract Deliverable No. GD17)

(6) Task Management Plan (Contract Deliverable No. TM02)

(7) Receipt for Documentation

(8) Weekly Funding Analysis Report

(9) Invoices

(10) Earned Value Management Format

(11) Contract Actuals Report

(b) Other technical products shall be provided to the USPTO as required and as specified in awarded Task Orders.

F.6 Deliverable Medium

(a) The number of copies, specific instructions for the medium and format for electronic copies, and other instructions about these deliverables will be specified in the task order(s). However, general instructions are as follows:

The Contractor shall provide copies of all draft and final deliverables on electronic medium to the USPTO in the following format, unless otherwise specified within individual task orders:

(1) CD/DVD – Shall be labeled with task order number, title and deliverable number.

(2) Narrative compatible with USPTO’s Windows 7 for processing software applications.

(b) Tables, files, graphics and other information not incorporated into word processed documents (e.g. that are generated by CASE or IDEF tools) shall be delivered on CD/DVD in a format compatible with USPTO’s Windows 7 operating system office automation or system development application software, as appropriate. As of the release date of the RFP, USPTO office automation applications include: Microsoft Word 2010, Microsoft Excel 2010, Microsoft Outlook 2010, Microsoft Project Standard 2003, Microsoft Access 2010, and Microsoft PowerPoint 2010.

F.7 Task Orders Performance Period and Pricing

(a) Task Orders may be issued at any time during the base period and/or option periods. The performance period will be specified in the Task Orders. Task Orders may be issued which extend up to six (6) months beyond the expiration date of this contract. Task Orders shall be priced using the Section B rates that will be applicable to the Task Orders’ anticipated period of performance.

(b) For purposes of Task Orders that extend beyond the expiration date of the contract, the final contract year’s pricing shall be used.

F.8 Option To Extend Term Of Contract (FAR 52.217-9) (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor at any time within the term of the contract, provided that the Government gives the Contractor a preliminary written notice of its intent…