DRAFT Performance Work Statement for Request for Information15MAR2024.pdf
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- Attached to
- RFI: Intellectual Property (IP) and Technology Transfer (T2) Database and related Services
- Solicitation number
- HT9425-24-R-0047
- Issued by
-
Defense Health Agency
About this file
This Request for Information solicits capability statements from potential vendors for an intellectual property and technology transfer database system and related services required by the United States Army Medical Research and Development Command Office of the Staff Judge Advocate. Responses are due by March 25, 2024.
The requirement includes licenses for a subscription-based docketing and database product accessible through a web browser, with annual license fees based on record volume rather than per-user. Associated services such as customer support, training, and configuration flexibility are also required. The system must meet minimum essential operating, performance, and functional characteristics as defined in the attached draft Performance Work Statement spanning publication review, invention management, docketing, agreements, and other areas. Potential vendors should describe relevant experience, technical capabilities, and past performance related to the requirement.
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DRAFT Performance Work Statement
Agency/Activity: United States Army Medical Research and Development Command (USAMRDC) Office of the Staff Judge Advocate (OSJA)
Title: Intellectual Property (IP) and Technology Transfer (T2) Database
1. General: Pursuant to the Federal Technology Transfer Act (FTTA), USAMRDC has a significant program in patenting and licensing inventions with commercial potential. USAMRDC is composed of various major subordinate commands each specializing in technologies associated with its mission. The USAMRDC laboratories and research and development centers work with diverse medically related technologies including biomedical and chemical research.
1.1. Background: The USAMRDC OSJA IP Division (IP Division), works closely with the USAMRDC Office of Research and Technology Applications (ORTA). The ORTA assists the USAMRDC laboratories, Army Futures Command (AFC) and the Defense Health Agency (DHA) organizations in all areas of technology transfer, including, but not limited to, Cooperative Research and Development Agreements (CRADAs), nondisclosure agreements, technology assessments, marketing and licensing inventions, training and education, and professional development.
The USAMRDC OSJA IP Division is currently utilizing a commercial patent docketing and database system which resides on the local network. The OSJA IP Division requires a new database system to continue to track all IP, T2 agreements, and to provide reports and metrics to the Department of Defense (DoD), the Office of the Secretary of Defense and Congress. Patent docketing is one of the most crucial functions within any Intellectual Property department. The required docketing and patent database system shall provide tools for data capture, reporting, document generation, and establishing workflows, as further defined below under Section 3 (“Minimum Essential Characteristics and Capabilities”). The docketing and patent database system shall also assist the OSJA IP Division in tracking and meeting deadlines to maintain and protect DoD intellectual property. Missing deadlines can result in loss of the ability to obtain a patent and consequently, the loss of government property.
1.2. Description of Requirement: The IP Division requires a commercial docketing and patent database software system along with associated customer support services, periodic software and system updates, and flexibility for configuration and customization. The Government’s preferred solution is for a database system hosted by a Federal Risk and Authorization Management Program (FedRAMP) approved managed cloud service provider (MCSP).
However, alternative solutions may be accepted to include a system that is hosted on the Government’s cloud and/or would reside on a local server at Fort Detrick, Maryland under the management of USAMRDC Information Management / Information Technology personnel. Any proposed solution shall be accessible via internet browser.
Additionally, any proposed system shall obtain all required approvals/authorizations to demonstrate compliance with the Defense Health Agency’s (DHA) Risk Management Framework requirements. The docketing and patent database product will be licensed as a subscription-based software model with annual license fees to include customer support and software updates. Per user licenses (seat licenses) are not contemplated. Licenses based upon volume of records are preferable. Training is required for all users within the IP Division ORTA staff, and USAMRDC’s sub-commands, along with customer support services. In addition, the IP Division and ORTA may have a need for additional customized modules to provide supplemental marketing tools and processes, online document and form submissions, workflow configuration for certain users, generation of out-going invoices in LEDES98B format, IP royalty and reimbursement tracking, and training services.
1.3. Period of Performance: The period of performance will include a 12-month base period and four 12-month option periods. The Government anticipates a start date on or before 30 September 2024.
1.4. Place of Performance: Day-to-day on-site support is not required at Fort Detrick, MD. Any proposed solution for an IP & T2 Database shall be accessible via internet browser.
Training sessions may occur on the Fort Detrick installation; however, the training sessions are anticipated to be primarily conducted virtually. It may also be necessary for certain vendor team members to periodically travel to Fort Detrick for installation and troubleshooting of system. See below for guidance regarding travel requirements.
1.5. General Information:
1.5.1. Non-Personal Services: This requirement identifies services that are strictly non-personal in nature.
1.5.2. Severable / Non-Severable Services: This requirement identifies services that are severable in nature.
1.5.3. Inherently Governmental Functions: This requirement has been reviewed and contains no services that are inherently governmental functions.
1.5.4. Acquisition Functions Closely Associated with Inherently Governmental Functions: This requirement has been reviewed and contains no services that are closely associated inherently governmental functions.
1.5.5. Contract Type: Firm-Fixed Price (FFP)
1.5.6. Travel: Contractor may be expected to travel to Fort Detrick, as required, to accomplish the tasks included within this PWS. Travel must be approved by the Contracting Officer’s Representative (COR) prior to actual travel being performed. Travel Costs shall be incurred and billed in accordance with FAR Part 31. The Contractor is responsible to ensure cost savings are utilized when available (i.e. making reservations as soon as possible, utilizing compact cars when vehicle is required, requesting government rates at hotels to stay within GSA lodging rates, parking in economy parking, etc.). If the hotel is over the GSA lodging rate, the difference will not be paid unless there is a justification approved by the COR prior to travel being performed.
1.6. Security Requirements: Contractor employees required to perform within an Army-controlled installation, facility, or area shall comply with the requirements that will be further detailed in any resulting solicitation.
1.7. Organizational Conflict of Interest (OCI) Category: USAMRDC has categorized all service/supply procurements into one of the following three broad categories for the purpose of identifying, avoiding, or mitigating against Organizational Conflicts of Interest (OCI) in accordance with FAR Subpart 9.5: Category 1 – Program and/or Administrative Support; Category 2 – Program Management Support; and Category 3 - Product Support.
Contractor participation in more than one of these areas may give rise to an unfair competitive advantage resulting from access to advance acquisition planning, source selection sensitive or proprietary information. Furthermore, Contractor participation in more than one area may give rise to a real or apparent loss of Contractor impartiality and objectivity where its advisory or planning assistance in one area potentially affects its present or future participation in another area.
The work called for under this contract requirement has been determined by OSJA USAMRDC to fall within the following OCI category: Category 3 - Product Support.
The purpose of this categorization is to accomplish the following three objectives: (1) to inform prospective Offerors that OSJA USAMRDC presumes that award of a contract or order in the subject category will give rise to real or apparent OCIs with respect to requirements in the other two categories; (2) to assist current Contractors and prospective Offerors in developing their own business strategies regarding participation in OSJA USAMRDC requirements and in identifying and, where possible, avoiding or mitigating against OCIs; and (3) to ensure that all current Contractors and prospective Offerors are afforded the maximum practicable opportunity to compete for all OSJA USAMRDC requirements consistent with the restrictions required under FAR Subpart 9.5 and sound business practices.
If any OCI arises during the Period of Performance, the Contractor shall notify the Contracting Officer (KO) in writing, within five (5) business days of the event, or the date that the Contractor becomes aware of the OCI.
Additionally, the Contractor shall provide a written, proposed means of preventing, avoiding or mitigating each OCI identified within 10 business days of initial KO notification. This written OCI proposal shall be submitted to the COR and KO (Deliverable #1).
1.8. Post Award “Kick-off” Meeting: The Contractor shall virtually attend any post award meeting convened by the contracting activity (unless on-site attendance is mutually agreed upon). The KO, COR, and other Government personnel, as appropriate, may briefly meet with the Contractor representatives to discuss performance expectations and general contract requirements. This meeting shall be at no additional cost to the Government.
1.9. Non-Disclosure Agreement - Deliverable #2: The Contractor shall ensure that the Non-Disclosure Agreement (to be provided as a future Exhibit) is signed by all staff assigned to or performing under this Contract before performing any work, including all subcontractors and consultants. The Non-Disclosure Agreement (NDA) shall be co-signed by a corporate official (Contract Manager or higher). The Contractor shall also ensure that all staff understand and adhere to the terms of the non-disclosure statement, protecting the procurement sensitive information of the Government and the proprietary information of other Contractors. Assignment of personnel who have not executed this statement or failure to adhere to this statement may constitute default on the part of the Contractor.
2. Government Furnished Property, Equipment, and Services: For performance of this effort, the Government may furnish property, materials, supplies, equipment, information, and facilities; Government Furnished Property (GFP) could also include materials, supplies, equipment, information, and/or facilities acquired by the Contractor (under the terms of the award) during performance of this effort. Further detailed will be provided in any resulting solicitation.
3. Minimum Essential Characteristics and Capabilities: The Minimum Essential Characteristics of the docketing and patent database system are comprised of Operating Characteristics, Performance Characteristics, and Functional Characteristics/Capabilities. The Contractor shall deliver to the Government the required software licenses meeting (or exceeding) all of the following Minimum Essential Characteristics.
3.1. Operating Characteristics: The Government’s preferred solution is for a contractor hosted cloud system;
however, alternative solutions may be accepted to include (in the following order of preference): a system that is hosted on the Government (Defense Health Agency) cloud and/or on-premises on the local server at Fort Detrick, Maryland. The Government may also consider solutions with multiple hosting arrangements (e.g., both cloud-hosted and on the local server or “on-premises”). Preference will be given to contractor hosted Cloud solutions. All proposed solutions shall comply with the following Minimum Operating Characteristics:
(a) The system shall be accessible through a web-based browser specifically, Microsoft Edge version
122.0.2365.52 (Official Build) (64bit) 11 or newer.
(b) If the software provided includes or depends upon third-party software (with the exception of those identified under 3.1.(a) and 3.1.2.(a)) to provide required functionality, the version of third-party software used/supported must be actively maintained by the third party with security patches being made available at no additional cost.
(c) If third-party software is required that is not part of the basic system or is needed to implement optional modules or customization, vendor will identify such software.
(d) The docketing and patent database system shall have or shall be capable of receiving Authority to Operate (ATO) and comply with all applicable DoD and DHA IT requirements as well as the Risk Management Framework (RMF). The contractor shall comply with the requirements of DoDi 8510.01 RMF for DoD IT. The successful Offeror shall obtain all necessary authorizations for Operation and Access by the End User (as further specified in Task 4.1. of the PWS) within 4 months after contract award (Deliverable #3).
(e) The successful Offeror shall comply with the requirements of Army Regulation 25-2, Information Assurance, and any other DoD and DHA requirements in providing account management services to manage the approval, creation, modification, and deletion of user accounts.
(f) Meet all operating characteristics provided under 3.1.1. and/or 3.1.2., as applicable (based on the proposed solution)
3.1.1. Operating Characteristics Applicable Only to cloud hosted (contractor hosted) system: If proposing a contractor hosted cloud solution, the system shall be hosted by a Federal Risk and Authorization Management
Program (FedRAMP) approved managed cloud service provider (MCSP) that will allow for reciprocity approvals via Defense Health Agency (DHA). The Offeror shall possess (at a minimum) FedRAMP approval at moderate baseline for the proposed software. FedRAMP is a government-wide program that provides a standardized approach to security assessment, authorization, and continuous monitoring for cloud products and services.
The successful Offeror must work with the Information System Security Manager (ISSM) to ensure system will be added to the DHA approved product list as a Certified Software Product by the DHA Authorizing Official (AO).
Any solution unable to meet these requirements may be considered for hosting on the DHA Cloud.
(a) The following reference documents apply to DOD Cloud based solutions:
Federal Information Processing Standards (FIPS) 199, Standards for Security Categorization of Federal Information and Information Systems (February 2004)
Department of Defense Instruction (DODI) 8510.01, Risk Management Framework (RMF) for DoD Information Technology (Incorporating Change 3, December 29, 2020)
DoDI 8530.01, Cybersecurity Activities Support to DoD Information Network Operations, (Change I, July 25, 2017)
DoDI 8582.01, Security of Unclassified DoD Info1mation on Non-DoD Information Systems, (June 6, 2012)
DoD CIO Memo: Department of Defense Cybersecurity Activities Performed for Cloud Service Offerings, (November 2017)
DoD Cloud Computing Security Requirements Guide (SRG) v1r4 (January 2022) DFARS (Subpart 204.73) Safeguarding Covered Defense Information and Cyber Incident Reporting, https://www.acq.osd.mil/dpap/dars/dfars/html/current/204_73.htm DoD Cloud Authorization Services: https://disa.deps.mil/org/RMED/cas Committee on National Security Systems Instruction (CNSSI) 1253, Security Categorization and Control
Selection for National Security Systems (March 2014) National Institute of Standards and Technology (NIST) Standard Publication (SP) 800-145, The NIST
Definition of Cloud Computing (September 2011) NIST 800-37 Revision 2, Risk Management Framework for Information Systems and Organizations
(December 2018) DHA RMF Portal, https://info.health.mil/dadio/InfoSec/assessor/dharmf/SitePages/ Home.aspx DHA Agency Instruction (AI) 77, Security Categorization (SC) and Control Selection for Information
Technology (IT), https://info.health.mil/dadio/InfoSec/assessor/dharmf/DHA%20RMF%20Templates/DHA%20AI%2077%2 0Security%20Categorization%20Control%20Selection%20for%20Information%20Technology.pdf
DHA RMF Assessment and Authorization (A&A) Process Interactive Workflow:
https://info.health.mil/dadio/InfoSec/assessor/dharmf/SitePages/RMFWorkflow.aspx
DHA ISSM SOP, https://info.health.mil/dadio/InfoSec/assessor/dharmf/DHA%20RMF%20Templates/ DHA%20ISSM%20SOP.pdf
DHA Risk Assessment Guide, https://info.health.mil/dadio/InfoSec/assessor/dharmf/DHA%20RMF%20Templates/DHA%20Risk%20Ass essment%20Guide.pdf
DHA Cloud Evaluation and Authorization Process Guide v 2.0
(b) Additional resources applicable to DOD Cloud based solutions:
FedRAMP Marketplace, https://marketplace.fedramp.gov/#!/products?sort=productName DODI 8500.01, Cybersecurity (Incorporating Change 1, Effective October 7, 2019) DODI 8582.01, Security of Non-DoD Information Systems Processing Unclassified Non-Public DoD
Information (December 2019) DFARS SUBPART 239.76, Cloud Computing DFARS 252.239-7009, Representation of Use of Cloud Computing
DFARS 252.239-7010, Cloud Computing Services DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012 NIST SP 800-53 Revision 5, Security and Privacy Controls for Information Systems and Organizations
(September 2020) NIST 800-171r1, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations
(December 2016) OMB Circular A-130, Managing Information as a Strategic Resource, https://www.federalregister.gov/documents/2016/07/28/2016-17872/revision-of-ombcircular-no-a-130-managing-information-as-a-strategic-resource
DoD CIO memorandum, Updated Guidance on the Acquisition and Use of Commercial Cloud Computing (December 2014)
3.1.2. Operating Characteristics Applicable Only to on-Premises Solution: If proposing a solution that will reside on the Government’s local server
(a) The system shall run on or in conjunction with the following operating systems and software applications:
1) Microsoft Windows Server 2019 Operating System
2) Microsoft SQL Server 2019
Any software application hosted on premises shall comply with the above minimum standards. Software may run on newer versions but shall run on the Government’s minimum standards without requiring an upgrade.
(b) Vendor shall not access/manage the local server or their software application either directly (onsite) or remotely without the appropriate network access, security and data use agreements as expressly stipulated in the contract.
3.2. Performance Characteristics: All proposed solutions shall comply with the following Minimum Performance Characteristics:
(a) System shall provide for unique and single sign-on capability for users. System shall integrate with server host authentication procedures (use of DoD Common Access Card).
(b) System shall allow for a variety of configurable user types and user level permissions.
(c) System shall provide for patent case family groupings. System shall display case family relationships for related inventions, patent applications, and related technology transfer agreements (e.g., CRADAs and licenses).
(d) Legacy Data. System shall be capable of receiving and storing legacy data in various formats. See Task 3 within this PWS for the requirements related to data audit, review, and evaluation of the Government’s existing legacy electronic data for identification and correction of data errors or mobility issues.
3.3. Functional Characteristics/Capabilities: All proposed solutions shall comply with the following Minimum Functional Characteristics:/Capabilities:
3.3.1. E-mail Communication: System shall permit storage of e-mail addresses for auto and user generated e-mail messages. System shall also permit “e-mailing in” data for inclusion in records and also attachment of specified e-mails into record. E-mail messages can be generated from rule-based, automatic alerts and manually configured data triggers and sent to specified individuals or addresses.
3.3.2. Document Uploads: Permits users to upload documents such as office actions, assignments, agreements, e-mails, written correspondence, etc. for others to view within the database.
3.3.3. Permission Controls: Permits USAMRDC administrators to customize permission settings. For example, settings can be configured to designate read-only user types or limit access to records by laboratory or organization.
3.3.4. Automated Office Actions: Permits setting of notifications and alerts for critical dates as well as automated e-mail reminders. This includes e-mail notification of the assigned/identified attorney that there is an action/document (e.g., publication, Research Disclosure Form, etc.) for review.
3.3.5. Publication Review:
(a) Assign a reference number to each record for tracking purposes. The reference number will comply with the IP Division’s nomenclature for all records.
(b) Allow for submission of publication documents to be reviewed by the IP Division via Web Portal from USAMRDC’s subordinate commands.
(c) Provide for an autogenerated email sent to the identified researcher requesting they complete an invention disclosure form outlined triggered when the USAMRDC attorney deems the publication enabling.
(d) Link any publication to subsequent records derived from the submission of the publication.
3.3.6. Research Disclosure Management:
(a) Allow for user specified reference naming conventions.
(b) Allow for submission of Research Disclosure Forms via Web Portal for USAMRDC Labs.
(c) Schedule a 6-month task for attorney’s review if the Research Disclosure Form is not moved to the
Invention Disclosure stage.
(d) Link the Research Disclosure form and Invention Disclosure Form, as required.
3.3.7. Invention Management:
(a) Permit capturing, editing and reviewing of information associated with new and existing invention disclosures, including identity and location of inventors, key dates, abstracts, originating organization, reference numbers, sponsors, agreements, and potential licensees. System shall provide for electronic submission of all documents, and the configuration of the workflow to be determined during implementation stage.
(b) Docketing Integration. Seamlessly integrates invention disclosures with the patent docketing system and relates inventions with corresponding patent applications/patents, related technology transfer agreements, and all other relevant records.
(c) Workflow Automation. Allows lab users to review and finalize documentation/forms; once finalized, the system will notify the docketing administrator.
(d) Input Automation. Permits sequential new distinct case/docket/matter numbers and input of all necessary baseline invention disclosure information for both the user and the attorney (e.g., invention title, inventor names, date of invention, brief description of invention, organizational information, technology field, etc.).
The system shall send users an email confirmation of the invention disclosure submission with the automated docket number included. System shall maintain USAMRDC reference numbers for all existing and newly created records.
(e) Responsible Organization. Permits drop-down menus of organizational codes to facilitate the identification of the responsible organization for the invention. Drop down menus shall be fully configurable by the system administrator.
(f) Export Control Laws. The invention disclosure system shall meet all U.S. Export Control Laws and is limited to U.S. Persons as defined in the U.S. Export Control Laws.
(g) Status Checks. System permits each user to view the status of their own invention disclosures. Designated laboratory personnel will also have the ability to view the status of all the inventors/inventions affiliated with their organization.
(h) Searchable Records. System permits searches of invention disclosures by a variety of parameters to include docket number, application number(s), publication number(s), titles, key words, inventors, etc. The search function shall also have the ability to read flat PDF documents stored within invention disclosure system and return these documents as a search result.
(i) Date Stamps. System provides that each file submission gets an automatic date/time stamp. This ensures that multiple inventors uploading files to the same invention disclosure can distinguish between files having the same name. Each upload will also attach the name of the person uploading the invention disclosure and/or additional invention disclosure information.
(j) Custom Forms. Invention disclosure forms shall be customizable by the system administrator.
(k) System permits upload of peer reviews, inventor questionnaires, and Invention Evaluation Committee documents associated with USAMRDC reference number. Uploads are expected to be designated format provided by USAMRDC.
3.3.8. Docketing:
(a) System shall provide lifecycle management for invention disclosures, patents, trademarks, copyright, patent licenses and technology transfer and other agreements, including, for example, Cooperative Research and Development Agreements (CRADAs), Material Transfer Agreements (MTAs), Clinical Trial Agreements (CTAs), Non-Disclosure Agreements (NDAs), Biological Materials License Agreements (BMLAs) and other similar agreements. System will permit capturing, editing and reviewing of information associated with invention disclosures, patent applications/patents, maintenance fees and annuity payments, collaborative partners, agreement data, and parties responsible for patent prosecution.
(b) System permits fields for identifying the Department of Defense or other command that is the custodian of the case, the USAMRDC attorney responsible for the case, the assigned contract law firm, and employer of each inventor. For example, invention disclosure may name as inventors Army employees, other Government employees, contractor personnel, students, and others.
(c) Reports. Permits generation of comprehensive narrative and graphical reports and dashboards. System provides for creation of templates for documents to be automatically generated from record information.
Mass-mailing letter forms capability is also provided. Results from searches can be stored for later use.
System provides for a query builder. Users shall be able to generate integrated docket reports to include actions due from all modules. The system shall allow for reporting based upon custodial organization, e.g., labs and country of filing.
(d) Automated Docketing. System provides automated docketing based on country laws and provides real time updates of these laws including United States Patent and Trademark Office (USPTO) rules, the Madrid Protocol, and other international laws. Distinct numbers are generated sequentially for the upload of invention disclosures. The related patent, parent and children patent applications, and trademark records shall correspond with the USAMRDC reference number assigned. Permits automation of alerts for critical dates, information requests, impending actions, follow-up, and other events.
(e) Date Rules. System provides automated calculation of dates for standard actions and deadlines, and reminders specific to country law. System provides for calculation of deadlines based on filing, prosecution, and grant dates for each application for patent, patent, jurisdiction, and type of filing. The system shall be pre-programmed with required deadlines for all countries. System also provides for creation of automated deadlines and reminders. The system allows for the calculation of Patent Term Adjustment.
(f) Docket Reports. Permits attorneys and support staff to generate integrated docket reports that include actions due from all modules. The system provides for generation of automated email reminders with new actions and sends them to responsible attorneys and support staff. The system also generates and sends emails to inventors, supervisors and other designated personnel. The system shall permit for the report to be generated by specific relevant parties.
(g) Workflow Configuration. System permits workflow configuration for internal processes for handling invention disclosures, patent prosecution and agreements. System provides for the creation of notes or memorandums associated with records.
(h) Inventor Awards. System permits tracking and event processing of inventor awards with autogenerated tasks and tracking. It is preferred that the system can be configured to autogenerate award memorandum and associated tasks.
(i) USPTO Connection. System integrates with USPTO databases (Patent Center) either directly or through the use of an approved third-party application/system/software to electronically retrieve and download USPTO correspondence/documents. Due to DoD IT security constraints, USAMRDC IT personnel may be involved in establishing a process for acceptance of the download. Direct download of USPTO data into the database system is not permitted. USPTO data will need to be downloaded into a temporary location so USAMRDC IT can scan for vulnerabilities and provide approval, and then transmit into the database system.
(j) Agreement Linking. Permits linking of agreements with associated patents, trademarks or other agreements.
3.3.9. Financial Management and Maintenance of Patents and Applications:
(a) System provides for both customizable and automatic reminders, the scheduling of invoices, payments due, and renewal fees. System provides capability for calculation of royalty distributions, patent cost reimbursement and for forecasting of spending.
(b) Notices and Reminders. System provides for docketing notices and reminders to appear directly in the patent or trademark records.
(c) Payment Input. System permits instructions for payments and confirmation of payments are sent through automated emails.
(d) Reports and Searching. System permits searching for payment reminders, confirmation of payments, and due dates and inclusion in reports.
(e) Exportable Financial Data. Payments and other report information shall have the capability to be exported to Microsoft Excel file types.
(f) Data Integrity. System provides for validation of information, including application number, jurisdiction, annuity year, due date, renewal fee, and amounts paid.
(g) System is capable of generating out-going invoices. System provides for a bill routing process with review, approval, or rejection actions.
(h) It is anticipated that the module will allow for configuration for USAMRDC necessary workflow.
3.3.10. Agreements:
(a) System permits administrative tracking of multiple agreement types, including but not limited to licenses, CRADAs, Memorandum of Understanding (MOUs), Memorandum of Agreement (MOAs), Inter- Institutional Agreements (IIAs), and Non-Disclosure Agreements (NDAs). System provides for field additions and customizations.
(b) Permits electronic submission of agreement requests and agreements workflow for review and approval.
System provides for tracking and managing interactions with collaborators, companies and persons and relates this information to corresponding IP.
(c) Permits mapping of technologies with IP assets, products, and related agreements.
(d) Permits management of payments, terms, reimbursed expenses, invoices, and payments received regarding patents, licenses and other agreements.
(e) Permits automated royalty distribution reports and notification for license revenues related to agreements.
(f) Permits generation of graphic and customizable agreement reports on a variety agreement driven metrics.
(g) Agreement reports must include and be filterable by:
1) Parties to the agreement
i. Organization type (small business, non-profit, educational, etc.)
ii. Organization city, state, and country
2) Agreement type
3) Agreement title
4) Agreement summary
5) Agreement dates (execution date, start date, expiration date, termination date)
6) Contacts for the agreement
i. Collaborator contacts (including name, phone number, email address)
ii. MRDC/DHA lab contacts (including name, phone number, email address)
(h) System shall be capable of configurable workflow for user regarding display of assigned tasks approaching deadline, tasks to be completed, or other steps and approvals required. Workflow tracks tasks between users.
(i) License Drafting. System permits drafting of patent licenses directly within the document management features and includes version control.
(j) It is anticipated that the module will allow for configuration for USAMRDC necessary workflow.
3.3.11. Marketing and Customer Relationship Management:
(a) System provides capability for event planning, setting up invitation lists, and sending group e-mails to announce new technologies, events, and partnership opportunities, for example. System also provides for storage and retrieval of publicity and promotional documents for specified technologies. Note that this will be incorporated into the contract as an option CLIN available to be exercised during the contract period of performance.
(b) It is anticipated that the module will allow for configuration for USAMRDC necessary workflow.
3.3.12 Contact and Organization Records:
(a) System shall provide employment history per contact.
(b) Allow for historical employment history per contact to be visible across all records within the system.
(c) Allow for one contact record to display all previous email addresses and the most current email address without the need to create duplicate contact records. This will include dates that each change was applied to the contact record.
(d) Allow for the ability at the USAMRDC Administrative User level to merge existing contacts and organizational records, when necessary.
(e) Allow linkage for Organization records of subsidiaries to parent organization.
(f) Allow the historical per organization record to be visible across all records within the system.
(g) Allow for capture of any name changes of an organization record.
(h) It is anticipated that the module will allow for configuration for USAMRDC necessary workflow.
3.3.13. Full System Requirements:
(a) Data provisioning for third party data reporting integration. System capable of providing automatic periodic data dumps in delimited or SQL formats. System must be capable of receiving data from third party annuity payment services, for example.
(b) System shall be capable of automatic periodic data importation from multiple subordinate laboratory database systems, for example, Microsoft Excel or Access systems.
(c) System shall have the ability to create and store document templates for each module.
(d) System shall have the ability to link all related records across all modules.
(e) The system shall allow for all reporting to be downloaded in a format that will allow for USAMRDC personnel to manipulate the data. It is anticipated that the Contractor will remove the formatting and other fields that USAMRDC deems unnecessary.
3.3.14. System User/Administration Guides:
(a) Contractor shall provide digital copies of the system User guide and a separate Administration Guide to COR and other identified USAMRDC personnel. The guides shall include standard configurations and custom configurations.
(b) Contractor shall provide any and all “How to,” “Quick Reference,” and “Cheat Sheet” guides.
3.3.15. Extramural Records:
(a) Allow for upload of relevant extramural records from the NIST iEdison database.
(b) Allow for reporting across both intramural and extramural records.
(c) Allow communication with the iEdison system while maintaining the current security standards. If the systems are not allowed to directly communicate it will allow for a download from the iEdison system that then can be uploaded into the system.
(d) Allow for Bayh-Dole template letters/documents to be created and stored within the system.
In addition to the functionality for extramural records, the Contractor shall assist the Government with the appropriate records transfer and guidance on current industry standards.
4. Specific Task Descriptions:
In addition to the required database system, the Contractor shall provide the following support services:
Task 1: Obtain all necessary authorizations for Operation and Access by the End User Task 2: Install, Implement, Configure and Test System Task 3: Data Audit, Upload Legacy Data and Validation Task 4: Customer Support.
Task 5: Training Task 6: Implementation of Optional Modules Task 7: Outgoing Transition Support
4.1. Task 1: Obtain all necessary authorizations for Operation and Access by the End User
(a) The Contractor Project Manager shall meet with the Government to present an overview of the draft/preliminary approach included in the non-cost/price proposal for obtaining all necessary authorizations for Cloud use and/or on-premises hosting (as applicable). During this meeting, the Government will coordinate with the Project Manager to establish schedules and procedures necessary to conduct the tasks outlined herein with specific focus on the Risk Management Framework. The primary outcome of this meeting is to come to an agreement on the schedule and performance baselines in order to finalize the written plan outlining tasks and steps necessary for the process of obtaining all necessary authorizations required based on the proposed solution (i.e., authorizations for Cloud use, authority to operate on the local network, etc.), as required by USAMRDC and DHA IT pursuant to applicable governmental regulations and processes. Submission of this finalized written plan is due to the COR no later than 30 days after kick off meeting (Deliverable #4).
(b) The Contractor shall work collaboratively with USAMRDC OJSA and IT to perform all tasks necessary to for operation and access by the USAMRDC end user of the docketing and patent database. The Contractor shall promptly comply with all reasonable requests for information in support of the approval process.
Absent extraordinary circumstances, prompt shall mean no greater than seven (7) business days.
(c) The Contractor shall remediate any network security vulnerabilities discovered during the approval process.
The Contractor shall provide status reports to the COR every two (2) weeks on the progress of the remediation of network security vulnerabilities until issues are resolved (Deliverable #5).
4.2. Task 2: Install, Implement, Configure and Test System
(a) The Contractor shall submit a final implementation plan outlining tasks and steps necessary to install, implement, and test the software and system (Deliverable #6). The final implementation plan shall be provided within 30 days of contract award with written updates, as appropriate, based on the initial plan submitted with the proposal. The Contractor shall work collaboratively with USAMRDC OJSA and IT to install, implement, and test the software in accordance with its proposal and the needs of the Government.
Vendor shall provide on-going maintenance and support for all software components over the life of the contract (base period and exercised option years).
(b) The Contractor shall provide written reports on progress and accomplishments of the final implementation plan (Deliverable #5). These reports shall be submitted every two (2) weeks until the task is accomplished.
It is anticipated that the report will only cover the progress of the last two weeks prior to the report submission.
(c) Installation tasks shall be as stated in Contractor’s proposal and shall include, but will not be limited to, configuring, implementing, and testing user accounts and permissions, activating and synchronizing system components, testing of data through upload and retrieval, and otherwise implementing the system as typically commercially configured.
(d) The installation process shall also include implementation of any exercised optional modules.
(e) Vendor shall implement any requested configurable database fields and creation of reports required by the
Government.
(f) Vendor shall not access/manage the local server or their software application either directly (onsite) or remotely without the appropriate network access, security and data use agreements as expressly stipulated in the contract.
4.3. Task 3: Data Audit, Upload Legacy Data and Data Validation
(a) Vendor shall submit a proposal identifying and outlining tasks and steps necessary to verify operation of system and data integrity as well as migrating the Government’s legacy data into the system (Deliverable #7). Tasks pertaining to the process of verifying system data shall be stated in this proposal which will also include tasks and steps required by USAMRDC OSJA to implement an on-going data quality assurance process. This proposal shall be finalized and submitted to the COR no later than 30 days after kickoff meeting. The COR will remit any questions or concerns regarding the Vendor’s plan within 5 business days. It is anticipated that the plan can be modified based upon the COR review.
(b) Vendor shall provide a plan for reviewing and evaluating the Government’s existing legacy electronic data for identification and correction of data errors or mobility issues and migrating the corrected data into the new system. The Vendor shall work with USAMRDC Information Technology Team to facilitate transition of data from the existing system to the new system (additional information pertaining to the existing system will be provided in any future solicitation issued by the Government). In total, the Government estimates approximately 25,000 records will need to be electronically or manually reviewed and corrected (if necessary) for transition into the new system. This process will include merging/eliminating any duplicate data and/or records. It is anticipated that the Vendor and USAMRDC shall reach a consensus on the merging of the any duplicate data. Only accurate and corrected data shall be uploaded into the new system.
Vendor shall perform any necessary customization of fields required to receive uploaded data. Contractor shall perform any necessary conversion of data for migration or customization of fields required to receive uploaded data.
(c) Data migration requires either an on-site transfer at Fort Detrick or that the work be done in an environment meeting the security requirements imposed by the USAMRDC IT division. Vendor personnel involved in data transfer shall obtain access to the installation, submit a System Authorization Access Request (SAAR) and obtain a Common Access Card (CAC) before they can access the Government’s data. The Government’s data shall always be contained in a system meeting the applicable Army IT security requirements. See section 1.6. of this PWS for additional details regarding security requirements.
(d) The Contractor shall provide data validation using public accessible sources to validate information to included but not limited to the following:
1. Application Numbers 2.Patent Numbers
3. Filing Dates
4. Issue Dates
5. Acceptance Dates
6. Publication Numbers
7. Priority
8. Continuity
9. Annuity Date
10. Application/Patent Status and expiration
11. Patent Term Adjustment
12. Terminal Disclaimer
13. Inventors
14. Entity Status
15. Applicant Name “The United States, as Represented by the Secretary of the Army.”
(e) Contractor shall provide a report for only the information that is not consistent with the existing data.
Contractor will also produce a separate report on the data that was consistent for Government to review. It is anticipated that Contractor will begin the validation process in conjunction with the implementation process so that Government has ample time to review and advise on the data validation.
(f) The Contractor shall provide written progress reports of migration of data and quality control issues pertaining to the data audit and transfer of legacy data. These reports shall be submitted every two (2) weeks until all tasks are accomplished (Deliverable #5). It is anticipated that the report will only cover the progress of the last two weeks prior to the report submission.
4.4. Task 4: Customer Support
The Contractor shall provide customer support services to include online helpdesk for tracking suggestions, problems, and/or questions. Additionally, phone and email support shall be available for System Administrators during normal business hours. If the COR identifies that further miscellaneous projects may need to be completed (i.e. additional scripts, special configurations), these miscellaneous projects will be identified by the Government and provided, in writing, to the contractor to determine how to address the Government’s configuration and/or troubleshooting needs.
The Contractor shall organize and lead bi-weekly meetings with the Government to review the status of all open issues (e.g., helpdesk tickets). These meetings shall continue for the entire period of performance unless otherwise determined to by both parties.
4.5. Task 5: Training
(a) Vendor shall provide virtual user training (unless on-site training is requested) on the use of the docketing and patent database system for both users and administrators. Annual training shall include both basic and advanced level training sessions for basic users and system administrators (i.e., basic training for basic users; advanced level for basic users; basic training for system administrators and advanced level for system administrators). The Contractor shall conduct basic user training prior to basic administrator training.
(b) It is anticipated that training will be conducted remotely and will make use of a virtual platform identified by the Government unless on-site training is deemed necessary. All training sessions shall take place within the Government's live system and utilizing Government data, without exception (no sample data sets).
(c) Vendor shall provide a Training Plan at proposal submission that demonstrates how this task shall be accomplished.
(d) It is anticipated that the majority of training will be conducted remotely and will make use of a virtual platform identified by the Government. The Government anticipates that no training sessions will be longer than 90 minutes unless otherwise agreed to prior to the training session.
(e) The Contractor shall provide an outline of each scheduled training session and any relevant digital materials pertaining to the training topic at least three (3) business days in advance of the training date.
(f) The Contractor shall record all trainings pertaining to the licensed product, said recording being considered a work for hire, and provide the Government with one or more copies thereof (the format of the training video deliverables will be specified at the time the training session is scheduled) (Deliverable #8). The Government, as the recipient of the work for hire, shall have limited rights in the recording(s), including the unrestricted right to transmit and replay the recording(s) for uses of internal Government/contractor training only.
(g) The Contractor shall ensure any required training preparation time is conducted prior to scheduled training sessions to include any necessary system tests and troubleshooting to ensure normal functionality of the system and live data sets.
4.6. Task 6: Implementation of Optional Modules
The Government may have a need for additional customized modules/features, if not included in the base system.
These additional modules may be included as separately priced optional items in any resulting contract. The Government reserves the right to obtain additional modules to be added to the database system via contract modification during the contract period of performance.
4.7. Task 7: Outgoing Transition Support
In addition to performing Tasks in accordance with 4.1. through 4.6. above, the Contractor shall support transition out tasks to include migrating data stored in the docketing and patent database system into another, competing system; all such transition tasks shall be completed prior to expiration or termination of this contract. The Contractor shall provide an Outgoing Transition Plan (Deliverable #9) which specifies the anticipated timeline, data format, necessary software or hardware, and steps for accomplishing the transfer of data into a new commercial system, which is expected to result from a competitive procurement action. Data will be in a format generally and currently acceptable in the industry at time of termination or expiration of the contract, whichever situation applies.
This Outgoing Transition Plan shall cover the full period (based upon contractor’s proposed schedule) of outgoing transition for migrating data and transitioning support from this contract to a follow-on contract or Government entity. The final Outgoing Transition Plan shall be provided, within 45 days upon request, with written updates, as appropriate, based on the initial (draft) plan submitted with the contractor’s proposal and any feedback provided by the Government.
In accordance with the Government-approved plan, the Contractor shall assist the Government in planning and implementing a complete transition from this Contract to a separate follow-on contract. This shall include formal coordination with Government staff and successor staff and management. It shall also include delivery of copies of existing policies and procedures, and delivery of required metrics and statistics. This transition plan shall include, but is not limited to:
Coordination with Government representatives, Review, evaluation and transition of current support services, Transition of historic data to new Contractor system, Transfer of all necessary business and/or technical documentation, Turn-in of all government keys, ID/access cards, and security codes.
Transfer of Government Furnished Equipment (GFE) and Government Furnished Information (GFI), and
GFE inventory management assistance.
5. Deliverables: All deliverables shall be submitted to the To be Determined (TBD) Contracting Officer’s Representative (COR) and others, as indicated. The COR is responsible for inspection and acceptance of all incoming shipments, documents, and services, as reflected in the deliverables table which will be provided in any resulting solicitation.
(a) All deliverables shall be provided electronically, unless otherwise indicated. Electronic copies shall be delivered using Microsoft Office suite of tools (for example, MS Word, MS Excel, MS PowerPoint, MS Project, or MS Access format) and/or PDF Format, unless otherwise specified by the COR.
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