Attachment 3 Trademark Royalty Auditing Q As.pdf

M00264-23-Q-0064 Trademark Royalty Auditing Q&As

Question 1: Section 4. Place of Performance (pages 4-5 of attachment “M00264-23-Q-0064.pdf“) states the below language. Please confirm that travel is required to successfully accomplish the PWS requirements (and specific locations) so that we can properly price our RFQ submission.

Due to potential changes in which Licensee or Licensees will be audited, we have opted to keep the specific names and locations of the Licensees out of the quoting process as they are subject to change. The audits, however will be located within the CONUS and travel will likely be needed (one to two business days) during the last phase of the audit, so as to sit one-on-one with the Licensee for any follow up Q&A. Auditor travel has been necessary for past royalty audits to places such as California, Texas, Rhode Island and Florida. In general it is safe to include potential travel costs within your firm fixed price quote per audit.

Question 2: In what form do you want us to provide the requested information and how do we submit it?

No specific form required as long as Required Information from the Performance Work Statement (PWS) and 52.212-1 Technical Compliance are addressed. Please see 52.212-1 Submission of Quotes section.

Question 3: Should we respond within the document or prepare a letter to respond?

No specific form required as long as required information from the PWS and technical compliance are addressed.

Question 4: What other information do you need from us as it appears there is not enough information to provide pricing or a fixed fee?

Please review the PWS, 52.212-1 Technical Requirements, line items and delivery information for delivery dates.

From PWS:

6.0 Required Information.

6.1 The Contractor shall provide details of any Trademark Licensing Royalty Audits performed by their company within the last three (3) years that is relevant to this PWS. This information must indicate any relevant trademark licensing royalty audits performed in either or both the government and private sector.

Contractors lacking specialized trademark licensing royalty auditing experience will not be considered.

6.2 The Contractor shall provide two (2) client references. All references must have a comparable profile to other Brand owners with similar trademark licensing programs.

6.3 The Government will not contact a client reference without the Contractor approval.

6.4 The Contractor shall provide a High-Level Plan on how they conduct trademark licensing royalty audits services in accordance with industry standards. This plan must include the following:

· a. Description of how service will be performed and details of tasks to be undertaken. Process of the trademark licensing royalty audit must be included from start to finish.

· b. Details and the experience level of personnel to carry out the audit services. No more than a few paragraphs on each key person, detailing relevant experience and trademark licensing royalty auditing expertise.

From FAR 52.212-1 TECHNICAL COMPLIANCE. To ensure technical compliance:

a. To ensure technical compliance the quoter must clearly demonstrate an understanding of and an ability to meet all of the requirements set forth in the RFQ’s Performance Work Statement (PWS). The quote shall provide sufficient detail to substantiate the validity of all statements.

Quoters should identify, state their company has/can meet the standard industry experience and knowledge to conduct trademark licensing royalty audits.

b. Clearly state whether the quoter can meet the required period of performance. Vendors who cannot meet the required period of performance will not be considered technically acceptable.

c. All quotes shall include the required information set forth in the Performance Work

Statement (PWS) section 6.0.

d. All offerors must have completed the required annual representations and certifications in the System for Award Management (SAM) for FAR 52.204-26 Covered Telecommunications Equipment or Services –Representation and DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services Representation OR complete paragraph (d)(2) within the provision at 52.204-24 and Representation in DFARS 252.204-7017 accessed through https://www.sam.gov. It is recommended to copy and paste the provision in a separate word document and include it with quote.