HSHQDC-16-Q-00539.pdf

HSHQDC-16-Q-00539

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

09/13/2016

1 19

Office of Procurement Operations S&T Acquisition Division 245 Murray Lane, SW, #0115

U.S. Dept. of Homeland Security

Washington DC 20528-0115

Multiple

202 254-8893Robin Jones

09/20/2016 1700 ET

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

This is a solicitation for trademark watch services for the Department of Homeland Security, Science and Technology Directorate, Office of the General Counsel, Intellectual Property Group. All quotations must be received by the Contracting Officer via email at robin.jones@hq.dhs.gov no later than 5 pm Eastern Time on September 20, 2016.

DO/DPAS Rating: NONE Period of Performance: 09/26/2016 to 09/25/2018

0001 Trademark Watch Services - Domestic Coverage 132 EA Base Period Period of Performance: 9/26/2016-9/25/2017 Firm Fixed Price Includes the Not Separately Priced (NSP) Online Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSHQDC-16-Q-00539

Search Tool, Portfolio Management Tool, and

Training Sessions

Product/Service Code: R498

Product/Service Description: SUPPORT-

PROFESSIONAL: PATENT AND TRADEMARK

0002 Trademark Watch Services - Domestic and Worldwide 15 EA

Coverage

Base Period

Period of Performance: 9/26/2016-9/25/2017

Firm Fixed Price

Includes the NSP Online Search Tool, Portfolio

Management Tool, and Training Sessions

Product/Service Code: R498

Product/Service Description: SUPPORT-

PROFESSIONAL: PATENT AND TRADEMARK

0003 Trademark Watch Services - Domestic Coverage 20 EA

Optional Quantity up to Twenty (20)

Base Period

Period of Performance: 9/26/2016-9/25/2017

Firm Fixed Price

Includes the NSP Online Search Tool, Portfolio

Management Tool, and Training Sessions

(Option Line Item)

Product/Service Code: R498

Product/Service Description: SUPPORT-

PROFESSIONAL: PATENT AND TRADEMARK

0004 Trademark Watch Services - Domestic and Worldwide 3 EA

Coverage

Option Quantity up to Three (3)

Base Period

Period of Performance: 9/26/2016-9/25/2017

Firm Fixed Price

Includes the NSP Online Search Tool, Portfolio

Management Tool, and Training Sessions

(Option Line Item)

Product/Service Code: R498

Product/Service Description: SUPPORT-

PROFESSIONAL: PATENT AND TRADEMARK

1001 Trademark Watch Services - Domestic Coverage 132 EA

Option Period 1

Period of Performance: 9/26/2017-9/25/2018

Firm Fixed Price

Includes the NSP Online Search Tool, Portfolio

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

HSHQDC-16-Q-00539

Management Tool, and Training Sessions

(Option Line Item)

Product/Service Code: R498

Product/Service Description: SUPPORT-

PROFESSIONAL: PATENT AND TRADEMARK

1002 Trademark Watch Services - Domestic and Worldwide 15 EA

Coverage

Option Period 1

Period of Performance: 9/26/2017-9/25/2018

Firm Fixed Price

Includes the NSP Online Search Tool, Portfolio

Management Tool, and Training Sessions

(Option Line Item)

Product/Service Code: R498

Product/Service Description: SUPPORT-

PROFESSIONAL: PATENT AND TRADEMARK

1003 Trademark Watch Services - Domestic Coverage 40 EA

Optional Quantity up to Forty (40)

Option Period 1

Period of Performance: 9/26/2017-9/25/2018

Firm Fixed Price

Includes the NSP Online Search Tool, Portfolio

Management Tool, and Training Sessions

(Option Line Item)

Product/Service Code: R498

Product/Service Description: SUPPORT-

PROFESSIONAL: PATENT AND TRADEMARK

1004 Trademark Watch Services - Domestic and Worldwide 6 EA

Coverage

Option Quantity up to Six (6)

Option Period 1

Period of Performance: 9/26/2017-9/25/2018

Firm Fixed Price

Includes the NSP Online Search Tool, Portfolio

Management Tool, and Training Sessions

(Option Line Item)

Product/Service Code: R498

Product/Service Description: SUPPORT-

PROFESSIONAL: PATENT AND TRADEMARK

See continuation pages.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Section 1 - Statement of Work

STATEMENT OF WORK

Trademark Watch Services

BACKGROUND:

The Department of Homeland Security (DHS), Science and Technology Directorate (S&T)

Office of the General Counsel (OGC) has created an Intellectual Property Group within the

Technology Programs Division for purposes of establishing DHS’s policy regarding the treatment and disposition of all forms of intellectual property, including, but not limited to, identifying, obtaining, using, maintaining, defending and licensing trademarks.

A. Trademark Watch Services

The Department of Homeland Security has approximately 85 trademarks registered and/or pending at the U.S. Patent and Trademark Office (USPTO) and approximately 62 trademarks to which DHS claims a common law interest. It is essential to protect these trademarks from unauthorized use by third parties, which may adversely impact the goodwill associated with the trademarks and confuse the public as to the source of the goods/services being offered under the trademarks. Moreover, protecting trademarks from unauthorized use by other entities is the responsibility of the trademark owners, and not the USPTO. Trademark watch services are an essential tool used by many trademark holders to protect their trademarks, and are a vital component of any trademark maintenance and enforcement program. DHS is therefore seeking contractor support to provide trademark watch services both domestically and internationally as described in greater detail below.

B. Trademark Online Search Tool

DHS also requires that its attorneys have the ability to conduct “knock out” or preliminary clearance searches to determine whether proposed trademarks are available for registration. The

“knock out” search is a key step that helps identify the potential risks and liabilities that may exist if an existing owner has an interest in a selected trademark. The “knock out” or preliminary clearance search involves a review of federal and state databases, including the database maintained by the USPTO, to determine whether a particular trademark is available for registration. The use of an online search tool, which allows DHS attorneys to perform clearance searches for proposed marks, is vital for the trademark practice. Therefore DHS is also seeking access to an online search tool that will allow its trademark attorneys to acquire sufficient information necessary for determining whether the use of a proposed trademark could infringe on existing trademark rights of others.

C. Trademark Portfolio Management Tool

Registration of a trademark is a deadline intensive process which requires constant monitoring of the USPTO’s website to determine when certain filings are due. Once an application is submitted to the USPTO, a USPTO examining attorney will evaluate the application to make sure that it complies with the statutory requirements for federal registration. If the application does not meet one of the statutory requirements, the examining attorney will issue an office action requiring the applicant to address the cited matter prior to registration of the mark. The applicant is required to respond to the office action within six months of its issuance. After the examination of the mark has concluded with no issues to be addressed, or an applicant has responded adequately to an examining attorney’s concerns, the application will be published for opposition. During this publication period, any third party who believes that it may be negatively impacted by the registration of the trademark may initiate an opposition proceeding to stop the registration of the mark by filing an appropriate form within 30 days of the publication date. If an opposition proceeding is filed, the Trademark Trial and Appeal Board (TTAB) will take jurisdiction over the matter to determine the validity of the opposition filing. Finally, provided that no third party opposes the registration of the mark during the opposition period, or the opposition is ultimately decided in the applicant's favor, the mark will be registered in due course. For applications which were filed under the “intent to use” basis, there is an additional step which requires the filing of “specimens of use” within six months of the issuance of a Notice of Allowance.

As detailed above, each step of the trademark registration process requires monitoring of deadlines and requires the applicant to keep abreast of the status of the pending applications. In order to effectively manage its trademark portfolio, DHS is seeking contractor support to track the status of DHS pending applications that have been filed at the USPTO and provide updates and status changes that the USPTO has made for DHS pending applications.

RESPONSIBILITES:

a. Trademark Watch Services

The Contractor shall provide “trademark watch services” that provide notification of any application which is deemed to be confusingly similar to a trademark owned by DHS. The

Contractor shall report weekly results of the trademark watch services to DHS. These results should be manually reviewed and filtered to eliminate false positives. The search results should also identify any 2(d) refusals citing a DHS trademark.

For all DHS trademarks (including those DHS takes a common law interest in and those filed at the USPTO and pending), the Contractor shall provide, at a minimum, a comprehensive U.S.

watch package comprising weekly review of:

USPTO pending applications and Official Gazette;

USPTO design pending applications and Official Gazette of design pending applications;

Web, domain name, and business name monitoring services; and

Common Law watch services to include the Internet, social media and state trademark registries.

For certain identified DHS trademarks, the Contractor shall provide a comprehensive U.S. plus worldwide package. This service essentially expands the scope of the comprehensive U.S. watch package referenced above to include international coverage in over 200 countries. The

Contractor shall also provide translation services for those watch notices that are furnished in any language other than English. There are fifteen trademarks currently requiring worldwide coverage. Optional quantities for worldwide coverage of additional trademarks will include three trademarks in the base year and an additional three trademarks in the option year.

DHS will provide a list of all trademarks which require watch services and support under this

SOW after award. The list will specify which type of watch service is required for each trademark, and DHS will update the list of marks whenever an option is exercised.

b. Online Search Tool

The Contractor shall provide access to an online search tool which would allow DHS attorneys to perform clearance searches for proposed marks. The license should allow at least four users access to the online search tool.

c. Portfolio Management Tool

The Contractor shall provide access to a portfolio management tool which will allow DHS trademark attorneys to monitor deadlines associated with DHS’s trademark portfolio. The

Portfolio Management Tool shall aggregate data in the USPTO database exclusively pertaining to a DHS trademark and easily identify the most recent changes made by the USPTO to a DHS pending application.

d. Training Sessions

The Contractor shall provide two tutorial sessions for all services provided if requested by the

DHS Contracting Officer’s Representative (COR).

DELIVERABLES:

The Contractor shall:

a. Immediately upon discovering any marks, applications, designs, registrations, web domain names, or business names that may conflict with DHS’s marks whether under common law or registered with the USPTO, provide notification to the COR, with copies to anyone the COR designates.

b. Within one week of contract award, provide access throughout the entire period of performance for at least four users to an online search tool which is to be used for preliminary clearance searches.

c. Weekly, via email, provide a link to the updated Portfolio Management Tool identifying any new actions taken by the USPTO on a pending DHS trademark to the COR, with copies to anyone the COR designates.

d. Within one week of contract award, provide access to the Portfolio Management Tool to all personnel identified by the COR.

e. Weekly, via email, provide a status report of the results of the trademark watch services to the

COR, with copies to anyone the COR designates.

f. Tutorial sessions for all services provided as requested by the COR.

Section 2 - Terms and Conditions

1. Place of Performance

The Contractor shall perform all services from its own location.

2. Period of Performance

Base Period: 9/26/2016 – 9/25/2017

Option Period 1: 9/26/2017 – 9/25/2018

3. Exercise of Option Periods

(a) The exercise of any option is contingent upon a unilateral decision by the Contracting

Officer, in accordance with FAR 17.207(c), that there is a continuing need for the work described in the Statement of Work. In addition, performance evaluations will be taken into consideration.

(b) Optional CLINs 1001 and 1002 may be exercised unilaterally under the authority of FAR

52.217-9 “Option to Extend the Term of the Contract.” The exercise of CLINs 1001 and 1002 will be for a period of performance of twelve months and shall constitute the exercising of the related option period of performance.

(c) The optional CLINs 0003, 0004, 1003, and 1004 may be exercised unilaterally under the authority of FAR 52.217-7 “Option for Increased Quantity – Separately Priced Line Item” at any time during the appropriate period of performance, including at time of award or option period exercise, for each CLIN in any quantity (minimum increments of 1 trademark), as many times as needed, as long as the total quantity of trademarks receiving support does not exceed the total potential quantity of the CLIN.

4. Type of Purchase Order

This solicitation is for a Firm Fixed Price purchase order.

5. Government Personnel

(a) Contracting Officer (CO)

(1) The CO is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The CO, without right of delegation, is the only individual authorized to take actions on behalf of the Government to amend, modify or deviate from the purchase order terms, conditions, requirements, specifications, details, and/or delivery schedules.

In the event, the Contractor makes any changes at the direction of any person other than the CO, the change will be considered to have been without authority and no adjustment will be made to cover any increase in costs occurred as a result thereof. It is incumbent on the Contractor to make sure that this requirement is enforced, or work performed will be performed at the Contractor’s own risk.

(2) The following Contracting Officer is assigned to this purchase order:

Name: Robin Jones

Phone Number: (202) 254-8893

Email: robin.jones@hq.dhs.gov

(b) Contracting Officer’s Representative (COR)

(1) The following COR is designated for the purchase order and is responsible for the day-to-day coordination of the purchase order:

Name: (to be determined)

Phone Number: (to be determined)

Email: (to be determined)

(2) The COR will represent the CO in the administration of technical details within the scope of the purchase order. The COR is also responsible for the final inspection and acceptance of all deliverables and reports, and such other responsibilities as may be specified in the purchase order. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the CO or the Government. The COR does not have authority to alter the

Contractor’s obligations or to change the purchase order specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify purchase order obligations or specifications, changes will be issued in writing and signed by the CO.

(3) The COR for this purchase order will be appointed by the CO through a written designation.

A copy of the letter of appointment with specific duties and responsibilities will be provided to the Contractor upon award.

6. Government Furnished Information

The Government will provide a list of all trademarks which require watch services and support under this purchase order upon award.

7. Post Award Conference

The Contractor shall attend a Post Award Conference with the Contracting Officer and the COR no later than 7 business days after the date of purchase order award. The purpose of the Post

Award Conference, which will be chaired by the Contracting Officer, is to discuss technical and contracting objectives of this purchase order. The Post Award Conference will be held via teleconference.

8. Review of Purchase Order Deliverables

(a) The COR will review deliverables prior to acceptance and provide the Contractor with an e-mail that provides documented reasons for non-acceptance. If the deliverable is acceptable, the

COR will send an e-mail to the Contractor notifying it that the deliverable has been accepted.

(b) The COR will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal.

In the event of a rejected deliverable, the Contractor will be notified in writing by the COR of the specific reasons for rejection. The Contractor shall have an opportunity to correct the rejected deliverable and return it per delivery instructions.

(c) The COR will have 5 business days to review deliverables and make comments. The

Contractor shall have 5 business days to make corrections and redeliver.

(d) All deliverables submitted in electronic format shall be free of any known computer virus or defects. If a virus or defect is found, the initial deliverable will not be accepted. The replacement file shall be provided within two (2) business days after notification of the presence of a virus or defect.

9. Submission of Invoices

(a) At minimum, each invoice shall contain:

a. Name and address of contractor.

b. Invoice date.

c. Invoice number.

d. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

e. Electronic Funds Transfer (EFT) banking information.

f. Taxpayer Identification Number (TIN).

i. Purchase order number; and,

j. Applicable contract line item number(s).

(b) One copy should be emailed to invoiceSAT.Consolidation@ice.dhs.gov with copies to the

Contracting Officer and the Contracting Officer’s Representative (COR) identified above

10. Rights in Data

The Contractor shall not use any data first produced under the purchase order for private purposes.

11. Section 508 Compliance

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998

(P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology (EIT), they must ensure that it is accessible to people with disabilities. Federal employees and members of the public who have disabilities must have equal access to and use of information and data that is comparable to that enjoyed by non-disabled

Federal employees and members of the public.

All EIT deliverables within this work statement shall comply with the applicable technical and functional performance criteria of Section 508 unless exempt. Specifically, the following applicable standards have been identified:

36 CFR 1194.21 – Software Applications and Operating Systems, applies to all EIT software applications and operating systems procured or developed under this work statement including but not limited to GOTS and COTS software. In addition, this standard is to be applied to mailto:invoiceSAT.Consolidation@ice.dhs.gov

Webbased applications when needed to fulfill the functional performance criteria. This standard also applies to some Web based applications as described within 36 CFR 1194.22.

36 CFR 1194.22 – Web-based Intranet and Internet Information and Applications, applies to all

Web-based deliverables, including documentation and reports procured or developed under this work statement. When any Web application uses a dynamic (non-static) interface, embeds custom user control(s), embeds video or multimedia, uses proprietary or technical approaches such as, but not limited to, Flash or Asynchronous Javascript and XML (AJAX) then “1194.21

Software” standards also apply to fulfill functional performance criteria.

36 CFR 1194.31 – Functional Performance Criteria, applies to all EIT deliverables regardless of delivery method. All EIT deliverable shall use technical standards, regardless of technology, to fulfill the functional performance criteria.

36 CFR 1194.41 – Information Documentation and Support, applies to all documents, reports, as well as help and support services. To ensure that documents and reports fulfill the required

“1194.31 Functional Performance Criteria”, they shall comply with the technical standard associated with Web-based Intranet and Internet Information and Applications at a minimum.

Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the

CO and determination will be made in accordance with DHS MD 4010.2. DHS has identified the following exceptions that may apply:

36 CFR 1194.2(b) – (COTS/GOTS products), When procuring a product, each agency shall procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a

Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meets some but not all of the standards, the agency must procure the product that best meets the standards. When applying this standard, all procurements of EIT shall have documentation of market research that identify a list of products or services that first meet the agency business needs, and from that list of products or services, an analysis that the selected product met more of the accessibility requirements than the non-selected products as required by

FAR 39.2. Any selection of a product or service that meets less accessibility standards due to a significant difficulty or expense shall only be permitted under an undue burden claim and requires approval from the DHS Office of Accessible Systems and Technology (OAST) in accordance with DHS MD 4010.2.

36 CFR 1194.3(b) – Incidental to Contract, all EIT that is exclusively owned and used by the

Contractor to fulfill this work statement does not require compliance with Section 508. This exception does not apply to any EIT deliverable, service or item that will be used by any Federal employee(s) or member(s) of the public. This exception only applies to those Contractors assigned to fulfill the obligations of this work statement and for the purposes of this requirement, are not considered members of the public.

Section 3 - Provisions and Clauses

1. Clauses Incorporated by Reference (FAR 52.252-2) (FEB 1998)

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text can be accessed electronically at the following internet address:

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

FAR Clause Title Date

52.204-7 System for Award Management JUL 2013

52.204-10 Reporting Executive Compensation and First-

Tier Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013

52.204-16 Commercial and Government Entity Code

Reporting

JUL 2016

52.204-17 Ownership or Control of Offeror JUL 2016

52.204-18 Commercial and Government Entity Code

Maintenance

JUL 2016

52.204-19 Incorporation by Reference of Representations and Certifications

DEC 2014

52.204-20 Predecessor of Offeror JUL 2016

52.212-1 Instructions to Offerors—Commercial Items OCT 2015

52.212-4

Contract Terms and Conditions—Commercial

Items

MAY 2015

52.217-7 Option for Increased Quantity—Separately

Priced Line Item (insert: 7 calendar days)

MAR 1989

52.232-1 Payments APR 1984

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.243-1

ALT II

Changes—Fixed-Price ALT II AUG 1987, ALT II APR 1984

2. Evaluation—Commercial Items (FAR 52.212-2) (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical Capability, Past Performance, and Price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

http://www.acquisition.gov/far

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

3. Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Items (FAR 52.212-5) (JUN 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and

108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section

743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and

(3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2015) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15

U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016)

(E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (Jun 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct

2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (46)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-

138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (48) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

__ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

__ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

__ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

_X_ (54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(Jul 2013) (31 U.S.C. 3332).

__ (55) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X_ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (58)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May

2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792).

__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O

13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements

(May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May

2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

4. Option to Extend the Term of the Contract (FAR 52.217-9) (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two years (24 months).

5. Contracting Officer's Technical Representative (HSAR 3052.242-72) (DEC 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting

Officer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the

Contracting Officer.

Section 4 - Evaluation of Quotations

All quotations must be received by the Contracting Officer via email at robin.jones@hq.dhs.gov no later than 5 pm Eastern Time on September 20, 2016. Quotations received after the due date and time will be late and will not be considered.

Quotations will be evaluated on a best value basis. The evaluation factors are technical capability, past performance, and price.

Prospective Contractors shall include the following in their quotations:

1. A description of how they will provide trademark watch services. The description shall include what is included in their U.S. watch package, what is included in their worldwide package, and what countries are covered by their worldwide coverage.

2. The name and a description of the online search tool to be provided.

3. The name and a description of the portfolio management tool to be provided.

4. Up to three past performance references for projects/contracts completed, or substantially completed, within the last three years. The projects identified need to represent similar size, scope, and complexity to the work included in the Statement of Work (SOW). The projects submitted can be from contracts with Government agencies or commercial or non-profit entities. The quotation shall identify the below information for each project submitted:

(i) Title of project;

(ii) Description of project;

(iii) Explanation of how the work in the project provided relates to the work identified in the SOW and represents similar size, scope, and complexity to the work identified in the SOW;

(iv) Total amount awarded;

(v) Total value of the contract once completed (or, if not yet completed, to date). If value is different from award amount, identify what reasons for the increase/decrease in cost/price;

(vi) Award number, award date, and completion date at time of award;

(vii) Actual completion date. If contract is not yet completed, include the percentage completed as of the date of submission of the quotation responding to this solicitation; and

(viii) Name, phone, agency/company, and email address for a reference that can be contacted who has knowledge regarding the offeror’s performance on the identified project. Ensure the reference provided is current and available.

5. A price quotation that includes:

(i) a unit price per trademark for the base quantity of trademark watch services for those trademarks requiring domestic coverage only;

(ii) a unit price per trademark for the base quantity of trademark watch services for those trademarks requiring both domestic and international coverage;

(iii) unit prices per trademark for the option quantities;

(iv) an extended price for each CLIN that equals the unit price multiplied by the quantity;

(v) the sum of the extended prices for all CLINs.

The online search tool, portfolio management tool, and training sessions should not be separately priced. The price for these services should be included in the unit prices per trademark.

Quotations shall be limited to no more than ten one-sided pages. Font size shall be no less than

12-point Times New Roman font. Font size for tables and graphics shall be no less than 10-point

Times New Roman font. Margins shall be no less than one inch on all sides.