N6426722Q0166_0001_RFQ.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to extend the solicitation period; remove a bullet point located in Section C, Paragraph 2.1; update solicitation closure reference in Section L; add Questions & Answ ers to Section J.

1. CONTRACT ID CODE PAGE OF PAGES

1 17

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 03-Aug-2022

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X N6426722Q0166

X 9B. DATED (SEE ITEM 11)

26-Jul-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

03-Aug-2022

CODE

NAVAL SURFACE WARFARE CENTER CORONA DIV.

1999 FOURTH STREET BLDG 510

NORCO CA 92860

N64267 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N6426722Q0166

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 09-Aug-2022 03:00 PM to 11-Aug-2022 10:00 AM.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

PURCHASE DESCRIPTION

The Naval Surface Warfare Center, Corona Division (Corona Division) invites vendors to enter into a Blanket Purchase Agreement (BPA) that establishes the terms and conditions applicable to the Patent Services. As a result of this solicitation approximately 2 to 3 vendors are needed to provide the required services; however, the Government reserves the right to award to a single vendor.

1. This is a “Blanket Purchase Agreement” (BPA) which is a simplified form of a monthly charge account. If awarded, you will be the authorized firm to provide the Patent Services IAW FAR 13.303-2(a)(1). The types of Patent Services under this BPA are a) Patent Application Preparation, b) Formal drawings, c) Information Disclosure Statements, d) Prior art searches, e) Patentability Analyses, f) Preparation of filing, g) Preparation of Patent Application Response, h) Filing Patents and Responses, i) Training sessions.

Below is a list of common items associated with each type of Patent Services:

a) Patent Application Preparation:

Provisional Patent Application o Provisional Patent Application Specification o Provisional Patent Application Drawings o Provisional Patent Application Transmittal Papers o Inventor Assignment for a Provisional Patent Application

Non-provisional Patent Application o U.S. Non-provisional Patent Application

New U.S. Non-Provisional Patent Application U.S. Continuation Non-Provisional Application U.S. Divisional Non-Provisional Application U.S. National Stage Conversion Application

International Non-provisional Patent Application Non-provisional Patent Application Drawings Non-provisional Patent Application Transmittal Papers Inventor Oath or Declaration for a U.S. Non-provisional Patent Application Inventor Assignment for a Non-provisional Patent Application

b) Formal drawings:

Drawings for U.S. patent filing Drawings for PCT patent filing

c) Information Disclosure Statements:

Information Disclosure Statement filing Reference Obtention

d) Prior art searches:

U.S. Patent Only Search U.S. Non-Patent Literature Search

International Patent Literature Search International Non-Patent Literature Search

e) Patentability Analyses:

Oral Report Written Report

f) Preparation of filing:

Provisional Patent Application Transmittal Papers Inventor Assignment for a Provisional Patent Application Non-provisional Patent Application Transmittal Papers Inventor Oath or Declaration for a U.S. Non-provisional Patent Application Inventor Assignment for a Non-provisional Patent Application

g) Preparation of Patent Application Response:

Formalities response Restriction Requirement response Substantive Office action response Patent appeal

h) Filing Patents and Responses:

Filing a patent with the U.S. Patent and Trademark Office (USPTO) Filing a patent with the World Intellectual Property Organization (WIPO) Filing a response with the U.S. Patent and Trademark Office (USPTO) Filing a response with the World Intellectual Property Organization (WIPO)

i) Training sessions:

Seminars Conferences

2. The government is obligated only to the extent of authorized purchases actually made under the BPA. This agreement may be terminated upon 30 days written notice by either party.

3. The dollar limit for each order shall be the simplified acquisition threshold limit per FAR 13.303-5(b) of $250,000. However, for certain orders to be filled by commercial items, orders may go as high as $7,500,000 per FAR 13.303-5(b)(2).

4. The period of performance of the BPA must not exceed the duration of 5 years or the total aggregate amount of $7,500,000 whichever comes first.

5. All shipments under this agreement shall be accompanied by delivery tickets or sales slips that must contain the following minimum information.

a. Name of supplier

b. BPA number

c. Date of purchase

d. Purchase number

e. Itemized list of supplies furnished

f. Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automate systems, provided that the invoice is itemized to show this information)

g. Date of delivery or shipment

6. A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.

7. The following are authorized to place orders:

Contracting Officer – No dollar limit on placed orders

The contractor is hereby advised that the United States Government and Agencies thereof are exempt from State and Local Government tax by virtue of Article 6 of the United States Constitution. No exemption certificate is required.

1.0 SCOPE

The objective of this Statement of Work (SOW) sets forth requirements for Provisional and Non-Provisional patent application package drafting support to Naval Surface Warfare Center Corona Strategic Initiatives Office.

1.1 General Requirements

Work to be performed and required data deliverables will be described in greater detail via BPA Call. The Contractor shall furnish all labor, facilities, equipment to support this effort.

2.0 APPLICABLE DOCUMENTS

Federal Law / Regulations compliance is required for successful performance. This Statement of Work (SOW) shall require the contractor (as applicable) to provide best commercial standards and practices to meet the overall performance objectives.

2.1 Specifications/ Guidance

• US Patent and Trademark Office Manual for Patent Examination

• Provisions within US Code Title 35

• Provisions within US Code Title 37

• Code of Federal Regulations

• International Trafficking in Arms (ITAR) Regulation

• Arms Export Control Act

• Export Administration Act

• Export Administration Regulation (EAR)

• Commerce Control List (CCL).

• Supreme Court decision on KSR Int'l. Co., v. Teleflex, Inc.

• Automotive Technologies International v. BMW, et al. (Fed. Cir. 2007)

3.0 CONTRACT REQUIREMENTS

The Contractor shall furnish all material, equipment, facilities, and labor by qualified personnel except as specified herein to provide technology domain shifting analysis, including marketing analysis and full spectrum engineering analysis across all engineering areas at NSWC Corona or other commands supported by NSWC Corona’s patent program, as well as preparation of patent related deliverables for provided invention disclosures. Specifically, the contractor shall provide research and development for domain shifting of defense technology into commercial application and patent application preparation support for provisional and non-provisional patent applications, formal drawings, information disclosure statements, prior art searches, patentability analyses, and preparation of filing papers in support of inventions disclosures resulting from government engineering efforts under NSWC Corona’s Engineering and Technology Support Focus Areas. In No Way shall the Contractor provide for in a representational capacity on behalf of the Federal Government. This BPA is to provide Patent drafting suitable for submission to the USPTO. Any additional rework for modification to a preexisting BPA call will be submitted in writing and performed by the original awardee.

Final due dates will be identified via technical instructions in the BPA Call. Delivery of draft applications to inventor shall be submitted no later than 30 calendar days from date of technical instructions issuance and sufficient technical data related to each disclosure; final draft is due not later than 60 calendar days of the same date; (Delays by the Government of more than five business days in responding to a request for review of information shall not be counted against the 60 day delivery date).

All patent submission(s) shall be approved by the Government IP attorney before the Contractor submits for invoicing.

The Government is interested in identifying multiple, technically capable vendors to compete for each Task Order (TO) that may be issued under this BPA.

3.1 PATENT APPLICATION SUPPORT FOR NAVY AND NSWC CORONA ENGINEERING

ACTIVITIES AND TECHNOLOGY

3.1.1 Defense to Commercial Technology Domain Shifting Analysis and Patent package Preparation for Inventions.

NSWC Corona Division’s mission driven innovation resulting from research and development within the technical capabilities of Corona Division. Provides full spectrum of patent preparation that covers all invention disclosures.

NSWC Corona’s developmental and/or support efforts in life cycle management functions to provide safe, reliable and effective hardware for, Warfare Systems Performance Assessment, Quality and Mission Assurance Assessment, Metrology, Test, and Monitoring Systems Assessment, Naval Surface & Air Range Systems Engineering, Weapons Systems Interface Assessment, Naval Systems Material Readiness Assessment, Strategic Systems Testing and Analysis, and Surveillance Assessment.

Provides design, development, test and evaluation, logistics management, and sustainment of mechanical, electrical, and power systems to enhance or sustain the overall performance of the weapons system throughout its life cycle.

Provides design and development, technology insertion, modeling and simulation, acquisition support, obsolescence management, test and evaluation of high reliability products, quality evaluation, failure analysis, logistics support, demilitarization /disposal and sustainment functions for strategic mission electronics and weapons systems.

3.2 Technology Domain Shifting Analysis / Patent Application Package Deliverables:

1. Patent Application Preparation:

The documents comprising a specified patent application type under 37 CFR §1.53.

a. Provisional Patent Application:

The documents comprising a provisional patent application under 37 CFR §1.53(c), including each of the following:

Provisional Patent Application Specification: A specification suitable for filing as a provisional patent application under 37 CFR §1.53(c)

Provisional Patent Application Drawings: Formal or Informal drawings (per technical instruction) for a provisional patent application to be filed under 37 CFR §1.53(c)

Provisional Patent Application Transmittal Papers: Formal transmittal documents to be filed with a provisional patent application under 37 CFR §1.53(c)

Inventor Assignment for a Provisional Patent Application: Formal inventor assignment documents to be executed and recorded in conjunction with a provisional patent application filed under 37 CFR §1.53(c).

b. Non-provisional Patent Application:

The documents comprising a non-provisional patent application under 37 CFR §1.53(b), including each of the following:

U.S. Non-provisional Patent Application: A specification including all parts and claim set suitable for filing as a non-provisional patent application under 37 CFR §1.53(b) selected from one of the options below as specified by the Requestor:

a. New U.S. Non-Provisional Patent Application:

A new specification including all parts and claim set suitable for filing as a non-provisional patent application under 35 USC §112 and if applicable 35 USC §119.

b. U.S. Continuation Non-Provisional Application:

A specification including all parts and claim set suitable for filing as a continuation non-provisional patent application under 35 USC §120.

c. U.S. Divisional Non-Provisional Application:

A specification including all parts and claim set suitable for filing as a divisional non-provisional patent application under 35 USC §121.

d. U.S. National Stage Conversion Application:

A specification including all parts and claim set suitable for filing as a U.S. national stage conversion non-provisional patent application under 35 USC §365(c) or §386(c).

International Non-provisional Patent Application: The documents comprising a non-provisional patent application under 37 CFR §1.431.

Non-provisional Patent Application Drawings: Formal drawings for a non-provisional patent application to be filed under 37 CFR §1.53(b) or 37 CFR §1.431.

Non-provisional Patent Application Transmittal Papers: Formal transmittal documents to be filed with a non-provisional patent application under 37 CFR §1.53(b) or 37 CFR §1.431.

Inventor Oath or Declaration for a U.S. Non-provisional Patent Application: Formal inventor oath or declaration documents to be executed and filed with the PTO in conjunction with a non-provisional patent application filed under 37 CFR §1.53(b).

Inventor Assignment for a Non-provisional Patent Application: Formal inventor assignment documents to be executed and recorded in conjunction with a non-provisional patent application filed under 37 CFR §1.53(b) or 37 CFR §1.431.

2. Formal drawings:

Preparation of formal drawing sets for submission in a specified application in compliance with relevant code and regulation.

a. Drawings for U.S. patent filing:

A set of formal drawings for filing with a US patent application meeting the requirements of 37 CFR §§1.81 to 1.85.

b. Drawings for PCT patent filing:

A set of formal drawings for filing with a US patent application meeting the requirements of 37 CFR §1.437.

3. Information Disclosure Statements:

Preparing all documentation necessary to ensure applicant compliance with duty of disclosure requirements under U.S. law and code.

a. Information Disclosure Statement filing:

A set of documents suitable for submission of information under Applicant’s duty of disclosure in compliance with 37 CFR §§1.97 to 1.98.

b. Reference Obtention:

The obtention of all necessary references as identified by Requestor for submission under an Information Disclosure Statement.

4. Prior art searches:

Search suitable prior art databases in accordance with provided search criteria to identify and obtain references relevant to Requestor.

a. U.S. Patent Only Search:

Work with Requestor to develop search criteria and search relevant databases of U.S. patents and published U.S. patent applications based on search criteria to identify, obtain and deliver U.S.

patents and patent publications relevant to Requestor.

b. U.S. Non-Patent Literature Search:

Work with Requestor to develop search criteria and search relevant databases of U.S. non-patent literature (NPL) based on search criteria to identify, obtain and deliver NPL references published in the U.S. relevant to Requestor.

c. International Patent Literature Search:

Work with Requestor to develop search criteria and search relevant databases of international patents and published international patent applications based on search criteria to identify, obtain and deliver international patents and patent publications relevant to Requestor.

d. International Non-Patent Literature Search:

Work with Requestor to develop search criteria and search relevant databases of international non-patent literature (NPL) based on search criteria to identify, obtain and deliver NPL references published internationally relevant to Requestor

5. Patentability Analyses:

Review and provide analysis of a set of provided references to determine relevance to the patentability of Requestor’s application. A patentability analysis shall be undertaken after receipt of a prior art search results analyzing prior art identified and its impact on patentability of inventions suggested by the invention disclosure provided to Contractor and potential claims suggested by an invention disclosure.

a. Oral Report:

Review provided set of references and provide oral summary of possible patentability issues with respect to identified application(s) based on analysis.

b. Written Report:

Review provided set of reference and provide written summary of possible patentability issues with respect to identified application(s) based on analysis.

6. Preparation of filing:

Preparation of indicated formal documents to allow for submission of Requestor patent application with suitable agency.

a. Provisional Patent Application Transmittal Papers:

Formal transmittal documents to be filed with a provisional patent application under 37 CFR §1.53(c)

b. Inventor Assignment for a Provisional Patent Application:

Formal inventor assignment documents to be executed and recorded in conjunction with a provisional patent application filed under 37 CFR §1.53(c).

c. Non-provisional Patent Application Transmittal Papers:

Formal transmittal documents to be filed with a non-provisional patent application under 37 CFR §1.53(b) or 37 CFR §1.431.

d. Inventor Oath or Declaration for a U.S. Non-provisional Patent Application:

Formal inventor oath or declaration documents to be executed and filed with the PTO in conjunction with a non-provisional patent application filed under 37 CFR §1.53(b).

e. Inventor Assignment for a Non-provisional Patent Application:

Formal inventor assignment documents to be executed and recorded in conjunction with a non-provisional patent application filed under 37 CFR §1.53(b) or 37 CFR §1.431.

7. Preparation of Patent Application Response:

Preparation of papers suitable for response to an action specified by Requestor.

a. Formalities response:

Draft a formal response to an objection or rejection to the formalities of an initial patent filing prior to substantive examination of the patent application.

b. Restriction Requirement response:

Draft a formal response to a Restriction Requirement issued by the U.S. Patent and Trademark Office.

c. Substantive Office action response:

Draft a formal response to a substantive Office action issued by an Examiner during a review of the patentability of a submitted patent application.

d. Patent appeal:

Assist Navy Patent Attorneys with formal appeal of a rejection issued by an Examiner to the Patent Trial and Appeals Board.

8. Filing Patents and Responses:

Taking the necessary steps to assist with submittal of a provided patent application or response package to an agency indicated by Requestor.

a. Filing a patent with the U.S. Patent and Trademark Office (USPTO):

Take necessary steps to assist with submittal of a provided patent application package to the USPTO and reporting details of the filing to Requestor.

b. Filing a patent with the World Intellectual Property Organization (WIPO) Take necessary steps to assist with submittal of a provided patent application package to the USPTO as Receiving Office for WIPO under the Patent Cooperation Treaty and reporting details of the filing to Requestor.

c. Filing a response with the U.S. Patent and Trademark Office (USPTO):

Take necessary steps to assist with submittal of a provided response package to the USPTO and reporting details of the filing to Requestor.

d. Filing a response with the World Intellectual Property Organization (WIPO) Take necessary steps to assist with submittal of a provided response package to the USPTO as Receiving Office for WIPO under the Patent Cooperation Treaty and reporting details of the filing to Requestor.

9. Training sessions:

Informational and educational meetings, trainings and seminars on subjects determined by the Requestor.

a. Seminars:

Preparing and delivering a seminar to personnel with the Naval Surface Warfare Center Corona Division upon subjects relating to intellectual property on request.

b. Conferences:

Preparing for and attending conferences with the Naval Surface Warfare Center Corona Division upon request.

3.2.1 Patent Filing Support

The contractor shall assist in preparation of filing papers for patent application to include declaration, Power of Attorney and other papers required by the US Patent and Trademark Office to satisfy filing requirements under the USPTO Manual for Patent Examination Procedures (MPEP) in addition to the application and drawings necessary to avoid a missing parts notice.

All papers, files and associated papers relative to the invention disclosure and files, including patent file wrappers, are US Government property. The Contractor shall ensure that patent file wrappers have non-final drafts removed.

All references and copies of prior art found by the Contractor shall be provided to the Government along with the completed patent application. All non-prior art, notes, old draft drawings, non-final patent application drafts and superseded papers and notes shall be purged from Contractor’s files for work done under this work statement at the completion of work called for under this work statement. Contractor shall send its original files to TPOC 60 days after completion of work under this work statement unless otherwise directed. The Contractor shall ensure that mailing of such files are accomplished with shipment tracking and delivered not later than the above referenced period of performance. This contract is for patent-related document drafting only. There will be NO representational capacity by the Contractor whatsoever.

4.0 GOVERNMENT FURNISHED ITEMS

4.1 Government Furnished Information

The Government will provide all applicable technical documentation and information to the contractor as Government Furnished Information (GFI). This GFI will be provided as required or at the request of the contractor.

No GFI has been identified at this time.

4.2 Government Furnished Material

Government Furnished Material (GFM) will be provided when the contractor has a requirement for special or specific Government material per specific tasking. No Government furnished material has been identified at this time.

5.0 DELIVERABLES

See Section J.

5.1 Patent Application

The contractor shall provide the Government with a completed Patent Application Draft IAW the USPTO Manual for Patent Examination Procedures (MPEP) and 37 C.F.R.

DELIVERABLE:

Item: Patent Application Frequency: IAW Technical Instructions (TI).

Medium: Electronic Format (MS Word). Documents shall be transmitted via email or accessible via the Internet.

Due Date: Due dates will be identified via technical instructions.

5.2 Drawings

The contractor shall provide the Government with Patent Application Drawings IAW requirements identified in 35 USC 112 and the USPTO Manual for Patent Examination.

DELIVERABLE

Item: Patent Application Drawings Frequency: IAW Technical Instructions (TI).

Medium: Hard Copy or Electronic Format (Scanned into an Adobe PDF file format. To include source file of drawings: e.g. Auto-Cad file). Document shall be transmitted via email or via mail carrier.

Due Date: Due dates will be identified via technical instructions.

5.3 Prior Art Search Reports

The contractor shall provide the Government with Prior Art Search Reports IAW Technical Instructions.

DELIVERABLE

Item: Prior Art Search Reports Frequency: IAW Technical Instructions (TI).

Medium: Electronic Format (either MS Word or Adobe PDF file format). Document shall be transmitted via email.

Due Date: Due dates will be identified via technical instructions.

5.4 Patentability Analysis Reports

The contractor shall provide the Government with Prior Art Search Reports IAW Technical Instructions.

DELIVERABLE

Item: Patentability Analysis Reports Frequency: IAW Technical Instructions (TI).

Medium: Electronic Format (either MS Word or Adobe PDF file format). Document shall be transmitted via email.

Due Date: Due dates will be identified via technical instructions.

6.0 SPECIAL CONDITIONS

6.1 Protection of Information

The Contractor shall ensure all documents, information and other technical data/data shall be protected by the Contractor from unauthorized use and disclosure to persons or other entities except as specifically authorized by the Government. All other information relating to the items to be delivered or performed under this agreement may not be disclosed by any means without prior approval of the authorized representative of the Contracting Officer.

Dissemination or public disclosure includes but is not limited to permitting access to such information by foreign nationals by any other person or entity or publication of technical or scientific papers or advertising or any other proposed public release. The Contractor shall provide adequate physical protection to such information so as to preclude access by any person or entity not authorized such access. Under US Code Title 5, Section 552, information accessed in completing this agreement is subject to the Privacy Act.

6.2 Interaction with Inventor(s) and TPOC:

Contractor shall confer with inventor(s) and the TPOC as required to ensure delivery of a patent application in accordance with this work statement and generally prevailing standards in the patent prosecution practice / industry.

The contractor shall not provide legal advice or services.

6.3 Correspondence:

Contractor shall ensure all correspondence includes a Navy Case Number, name of inventor, and title of invention.

In a cover letter accompanying any draft application(s), the Contractor shall explain its proposed claim strategy and discuss proposed claim scope in view of the inventor’s disclosure and any prior art known to the Contractor.

All correspondence shall be addressed:

NSWC Corona Division PO Box 5000 Corona, CA 92878-5000

Telephone contact information is: TBD.

Primary email contact information is: TBD . In the event that the primary is not available, contact TBD or TBD.

6.4 Period of Performance (POP):

Five (5) year BPA, each Task Order shall not exceed twelve (12) month period of performance.

6.6 Place of Performance

The primary work site will be the contractor’s facility.

6.7 Technical Person of Contact (TPOC)

The TPOC for this contract is:

TBD

NSWC Corona ORTA, Technology Transfer (T2)/SBIR Program Manager, FLC Laboratory Representative

TBD

Or, TBD

NSWC Deputy ORTA

TBD

Naval Surface Warfare Center, Corona Division P.O. Box 5000, Corona, CA 92878-5000

6.8 BPA Call

Work will commence under this Contract by issuance of a BPA Call and the subsequent technical instruction. BPA Call will be fully funded. Under no circumstances shall the Contractor begin work without receipt of authorization from a warranted Contracting Officer or TPOC of the US Government. Contractor recognizes any action taken without such authorization shall be at the Contractor’s risk and the Government is not obligated to pay for any services not so authorized. The Contractor shall notify the TPOC of any addition by an inventor of subject matter not suggested or reasonably included or required to be included in view of the invention disclosure provided to the Contractor for preparation under this work statement.

6.9 Identification Badges

The Contractor shall be required to obtain identification badges from the Government for Contractor personnel visiting NSWC Corona and/or other facilities. The identification badge shall be visible at all times while employees are on Corona Division property. The Contractor shall furnish all requested information required to facilitate issuance of identification badges and shall conform to applicable regulations concerning the use and possession of visitor badges. The Contractor shall be responsible for ensuring that all identification badges issued to Contractor employees are returned to the Corona Division Security Department at the conclusion of a site visit.

6.11 Accident Reporting

The Contractor shall maintain an accurate record of and shall report all accidents to the TPOC and/or the Corona Division Security Department as prescribed by OPNAVINST 5102.1.

6.13 Non-Personal Services

The Government will neither supervise contractor employees nor control the method by which the contractor performs the required tasking that is in conformance with federal statute/ federal regulation. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees.

It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor feels that any actions constitute, or are perceived to constitute personal services, it shall be the contractor’s responsibility to notify the Contracting Officer immediately. These services shall not be used to perform work of a policy/decision making or management nature, i.e., inherently Governmental functions. All decisions relative to programs supported by the contractor shall be the sole responsibility of the Government.

6.15 Compliance with United States Defense Trade Controls:

Contractor shall ensure non-US Citizens shall not have access to invention disclosures provided by the Government and the patent applications provided under this work statement unless they have a permanent resident card (Green Card) in order to avoid violations of the “deemed export” rule under the International Trafficking in Arms (ITAR) regulation and Arms Export Control Act as well as Export Administration Act, Export Administration Regulation (EAR) and Commerce Control List (CCL).

6.16 Notice of Use of Contract Support:

Naval Surface Warfare Center Corona Strategic Initiatives Office uses contracted support. The support contractor used for administrative support of NSWC Corona technology transfer and patent prosecution matters has a non-disclosure agreement on file with NSWC Corona to ensure protection of Government information as well as Contractor’s proprietary information, source sensitive information and confidential business information, including bids on patent applications. This support contractor has been evaluated for organizational conflicts of interests with regard to this acquisition. This support contractor does not perform patent prosecution services, thus has been determined not to have any conflict of interest with the area of patent prosecution services. The support contractor will assist the Government in gathering information relevant to this acquisition, preparing documents in accordance with specific instructions from the Government in its work statement and assist in tasks associated with administering this contract in accordance with specific instructions from the Government as laid out in the support contractor’s work statement. Accordingly, the Contractor in this acquisition should notify the Government if there is an objection to providing access to the above referenced information for the above referenced uses prior to providing such information.

7.0 BPA’s have been issued in the following Task Areas to the following companies:

Company A

Company B

Company C

Company D

Company E, etc.

Defense to Commercial Technology Domain Shifting Analysis and Patent package Preparation for Inventions

Technology Domain Shifting Analysis / Patent Application Package Deliverables

1. Patent Application Preparation

2. Formal drawings

3. Information Disclosure Statements

4. Prior art searches

5. Patentability Analyses

6. Preparation of filing

7. Preparation of Patent Application Response

8. Filing Patents and Responses

9. Training sessions

Patent Filing Support

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

ATTACHMENTS

Attachment Title Description 1 Deliverables Regulation Guidance for Deliverables.

2 Questions & Answers Questions & Answers received from Industry

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

INSTRUCTIONS

ADDENDUM 52.212-1 INSTRUCTIONS TO OFFERORS

1. GENERAL INSTRUCTIONS: This section provides general guidance for preparing the proposal, as well as specific instructions on the format and content of the proposal. The Offeror’s submission must include all data and information requested and must be submitted in accordance with these instructions.

Any Offeror who submits an incomplete package may have its proposal considered to be unacceptable and removed from consideration for contract award. The offer shall be compliant with the requirements as stated in the Solicitation.

Non-compliance with the instructions to the Solicitation may result in an unfavorable proposal evaluation and may be grounds to eliminate the proposal from consideration for contract award.

TO BE COMPLETED AT AWARD

Offeror should thoroughly review the specifications and become familiar with the requirement prior to submitting a proposal. Failure to understand the contract requirements shall not relieve the successful Offeror from performing in accordance within the strict meaning and intent of the specifications.

Submission of Offerors. Offeror must complete and return a complete package of all items required prior to the time specified in the Solicitation to be considered for award.

Please review the following items before submitting your proposal:

[ ] Have you completed the combined synopsis coversheet?

[ ] Have you acknowledged any amendment (s), if applicable?

[ ] Have you provided all the required documents for Factors 1-3?

[ ] Have you provided the information for the Special Standards of Responsibility?

TYPE OF ACQUISITION: This acquisition is a competitive solicitation, as a small business set aside for the assigned

NAICS issued. Offerors will be evaluated as Lowest Priced Technically Acceptable (LPTA), with general and special standard of responsibilities. The Government intends to award a firm-fixed priced BPA and reserves the right to make a multiple awards.

AWARD DATE: For proposal development purposes only, Offerors may assume a notional contract award within 30 days from the close of the solicitation. The actual award date will be determined at the sole discretion of the Government without advance notice to Offerors.

AWARD WITHOUT DISCUSSION: The Government intends to evaluate offers and award without discussion but reserves the right to conduct discussions. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Offers that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration. The right to make multiple or no award is reserved in the event it is advantageous to the Government to do so.

PERIOD OF ACCEPTANCE OF OFFERS: The Offeror agrees to hold prices in its offer firm for a period of one-hundred-fifty (150) calendar days from the closing date of the solicitation.

PAST PERFORMANCE: The Government reserves the right to obtain past performance information from any available source and may contact references other than those identified by the Offeror when determining responsibility.

POST-AWARD/PRE-PERFORMANCE CONFERENCE: A post-award/pre-performance conference will be scheduled by the Contracting Officer and held prior to the commencement of any work. The Offeror and/or their duly authorized representative(s) is/are required to attend the post-award/pre-performance conference. The Contracting Officer and COR shall meet with the Contractor to discuss details of the contract.

SUBMISSION OF QUESTIONS AND COMMENTS: Offerors shall submit comments, questions, or inquiries only to the Contracting’s point of contract (POC), the Contract Specialist identified in this solicitation. Do not submit communications to any Government representative other than the Contracting Officer or Contract Specialist. Only written questions may receive a response. The Government is not obligated to respond to all submissions.

Questions must be submitted within seven (7) calendar days of release of the solicitation.

Submission via email to: julian.p.garibay.civ@us.navy.mil Subject line: N6426722Q0166_Company Name

Information contained in the Government’s responses to bidder’s question shall not supersede any information contained in the solicitation, including any amendments thereto. In the event of a discrepancy between a response to a bidder’s question and the content of the solicitation as amended, the latter shall take precedence.

DISTRIBUTION OF RESPONSES: The Government intends to distribute Offeror’s questions and associated responses via an amendment to the solicitation on FCO.

REDLINES, CONDITIONS, AND DEVIATIONS: The Government will not entertain any proposed revisions to the terms and conditions contained in this solicitation submitted as part of Offerors’ proposals, including any attachment or CDRL referenced therein. Therefore, any offer that includes “redlines,” condition(s) of offer, or any other deviation from the requirements of the solicitation may be rejected by the Government. As such, Offerors shall submit in accordance with this section any questions or suggestions related to the terms and conditions of this solicitation prior to the deadline for questions.

2. SUBMISSION INSTRUCTIONS: Submission submitted in response to the solicitation must contain a complete description of all pertinent aspects of the effort proposed by the Offeror. General statements such as, “the Offeror understands,” “the Offeror can or will comply with the requirements,” “standard procedures will be used,” “well-known techniques will be used,” or statements that merely paraphrase the solicitation in whole or in part do not constitute compliance with the requirements.

Discussions of each topic in the submission shall exhibit continuity and logical progression. Additionally, Offerors shall take care to submit a legible, neat, orderly, concise and comprehensive proposal. Descriptions within each section of a proposal should be self-contained to minimize the need to refer to the other sections of the proposal. Where the need to refer to other proposal sections exists, such references must clearly identify the applicable section, page and specific location of the information (e.g. paragraph, figure, table, etc.). The Government is not responsible for locating missing or improperly referenced data. Offerors shall minimize the use of brochures; any brochures, if used, will count towards the page limits.

PROPOSAL STRUCTURE AND PAGE LIMITS: Each Offeror shall submit an electronic version via email. Offerors must strictly observe the page limitations for each volume. Prior to evaluation, the Contracting Officer will remove pages in excess of the applicable page limit from the back of the respective volume. It is not necessary to supply the maximum number of pages allowed; fewer pages maybe submitted. Offerors shall organize proposal content sections using index pages or tabbed index divider pages with clear cross-referencing to the table of contents. All pages shall be, consecutively numbered within each file (e.g., 1, 2, 3 …).

Description Page Limit

- File A - Completed RFQ

- File B - Special Standards of Responsibility

- File C - Past Performance

- File D – Factor 3: Price

A - None B - None

C – 5 pages D - None

Technical Proposal

- File – E - Factor 1: Experience

- File – F - Factor 2: Management Plan

E – 15 pages F – 5 pages

PAGE LIMITATION: The proposal shall not exceed the limits stated above. If the page limits are exceeded, the pages in excess of the limit shall be removed and unread.

PAGE COUNT EXCLUSIONS: The content instructions identify specific items that are exempt from the page count limitations set forth above. In addition, the following proposal pages are exempt from the page count limitations:

Cover page Cover letter Table of contents Title pages Index pages Tabs Glossary

Course Catalog Facility qualifications or certifications And any other pages with “This page intentionally left blank”

PAGE COUNT A page shall be an 8 ½ X 11” sheet of paper. Letter size and spacing requirements for illustrations and tables can be at the discretion of the Offeror but must be easily readable. Fold-outs will be counted as the appropriate number of pages based on an 8 ½” X 11” sheet of paper. Margins shall be at least 1 inch on the top and bottom and 3/4 inch on the side.

The Contractor shall number each page in order to eliminate any confusion. In the event Contractor creates an ambiguity in their numbering of pages, the Government may exercise its own discretion in counting pages. In the event contractor creates an ambiguity in their numbering of pages, the Government may exercise its own discretion in counting pages.

ELECTRONIC VERSIONS OF PROPOSALS: Unless otherwise stated in this solicitation, Offerors shall ensure the submission does not contain any substantive information. Electronic submissions and supporting information shall be submitted via email. The Government will not accept submissions on any other electronic media, such as flash memory cards or USB flash drives. Prior to submittal, the Offeror shall ensure the contents does not contain any viruses or other malware.

FILE FORMATS: Offerors shall submit electronic files in a Microsoft Office Product or Adobe Acrobat.

LABELING: Each file shall be, labeled with the solicitation number and file number

FILE STRUCTURE: Separate files shall be used to enable rapid retrieval of all contents, including exhibits, appendices, and attachments, if any. Each file shall be, organized into directories and tabbed accordingly.

FILE STRUCTURE

PAGE SIZE AND FORMAT: The narrative material in each proposal will be single-spaced, typed, or printed in 12-point Times New Roman font. Text within tables, diagrams, pictorial charts, or graphic material may use no smaller than 8-point font in Times New Roman or Arial font. Paper shall be 8 1/2 × 11 inches (standard letter size) with a minimum margin of 1 inch around the page.

NUMBERING: Every section, figure, and table shall be numbered. Paragraphs within sections does not need to be numbered.

3. SUBMISSION: Offeror’s response to this solicitation must be received by the Government no later than the time and date specified. The time and date specified refers to the deadline for receipt the submission in its entirety. Partial submission will not be considered nor evaluated; receipt of all volumes is required to be considered timely.

DUE DATES: August 11, 2022 at 10:00 AM (PST)

METHOD OF SUBMISSION: It is the responsibility of the Offeror to ensure a timely delivery, delay receipt of the proposal due to file size, structure, internet connection, etc… is not the responsibility of the Government. All copies of the proposal must be received by the Contract Specialist by the time and date listed in ordered to be considered timely.

UNACCEPTABLE METHODS OF SUBMISSION: Telegraphic offers, facsimile offers, CD, hard copy, or any other offers not listed are unacceptable. Any quotation received through these means will be deleted or destroyed. Furthermore, the Government will not consider telegraphic, facsimile, or electronic modifications, or withdrawals of offers.

4. Solicitation Submission

FILE A. RFQ/ combined synopsis - Offerors are required to submit the completed coversheet and RFQ. Including any SF30 acknowledgment of Amendments.

FILE B: SPECIAL STANDARDS OF RESPONSIBILITY - To assist the Contracting Officer in determining if the special standards of responsibility applicable to this procurement are met, Offerors are asked to provide the following information with their submission. Failure to include this information could result in a Contracting Officer’s determination that an otherwise successful Offeror is not eligible for contract award.

SSR 1: RESUME: To assist the Contracting Officer in making responsibility determination, the Offeror shall provide a list of current and potential personnel that may be working on this BPA. The resume must demonstrate the personnel’s qualification in satisfying the Government’s needs.

FILE C: - PAST PERFORMANCE. The Government reserves the right to obtain past performance information from any available source and may contact references other than those identified by the Offeror when determining responsibility.

1. Offerors shall provide up to two (2) references for the performance on prior contracts for Patent services for the Department of Defense (DoD).

2. Offerors shall provide a description of any material legal proceedings against the Contractor by a Federal or state regulatory agency that might affect a contract for these services.

REFERENCE 1:

Company Name

POC Name Phone Email

Period of Performance Contract Number

Dollar Value Legal Proceedings

Comments

REFERENCE 2:

Company Name POC Name

Phone Email

Period of Performance Contract Number

Dollar Value Legal Proceedings

Comments

FILE D - FACTOR 3 – PRICE. This factor shall be used to assess the reasonableness of the Offeror’s proposed price.

For this factor, Offerors shall submit their Price in Section B.

5. RESPONSE TO TECHNICAL EVALUATION FACTORS

The Technical File shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims in the Offeror’s submission. Legibility, clarity and coherence are very important.

Responses will be evaluated against the Technical factors defined in Addendum 52.212-2, Evaluation Factors for Award. The proposal should not simply rephrase or restate the Government's requirements, but rather, the Offeror shall provide convincing rationale to address how the Offeror intends to meet these requirements. Statements that the Offeror understands, can, or will comply with the SOW (including referenced publications, technical data, etc.);

statements paraphrasing the SOW or parts thereof and phrases such as “standard procedures will be employed” or “well known techniques will be used,” etc., will be considered unacceptable. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the Offeror's proposal. Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired. Volume II shall not include any pricing information.

FILE E: FACTOR 1 – EXPERIENCE. This factor will be used to assess the Offeror’s experience providing patent services to the federal government. For this factor, Offeror’s shall provide a narrative demonstrating their experience providing patent services to the Department of Defense (DoD). 15 pages maximum, any additional pages beyond the maximum may not be reviewed.

The narrative should include: Past Patent service contracts with the Department of Defense (DoD).

FILE F: FACTOR 2 – MANAGEMENT PLAN: This factor will be used to assess the Offeror’s management plan. The Offeror shall describe how its proposed management infrastructure meets or exceeds the BPA’s requirements, The Contractor Management Plan shall outline and/or reiterate the deliverables that are necessary to meet the tasks, deliverables and performance objectives described within. The plan shall provide a descriptive narrative, along with a matrix of all personnel anticipated to perform work under this contracted effort.

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