N6660419R1317_Amendment_0007.pdf
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- Attached to
- Patent Applications and Prior Art Searches
- Solicitation number
- N6660419R1317
About this file
This document provides an amendment to a solicitation for patent application and prior art search services. The Naval Undersea Warfare Center intends to establish blanket purchase agreements with small businesses for the provision of prior art searches, drafting of patent applications, and negotiation with the United States Patent and Trademark Office. The solicitation requests a sample patent or prior art search report, as well as responses to questions from industry. The closing date for responses was extended multiple times to July 30, 2019. Pricing will not be evaluated at the master agreement level, but will be considered for individual task orders awarded under the blanket purchase agreements.
Amendment 0007
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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
See Continuation Page.
1. CONTRACT ID CODE PAGE OF PAGES
1 7
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY 30-Jul-2019
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 N6660419R1317
X 9B. DATED (SEE ITEM 11)
05-Jun-2019
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 is extended, X 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
30-Jul-2019
CODE
NAVAL UNDERSEA WARFARE CENTER
JANNA BECKERT, CODE 0223
CONTRACTS DEPARTMENT
1176 HOWELL STREET, BLDG. 1258
NEWPORT RI 02841-1708
N66604 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
N6660419R1317
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION A - SOLICITATION/CONTRACT FORM
The following have been modified:
GENERAL INFORMATION
Distribution: FILE, KR, NUWC 01, PI: TBD, WAWF Acceptor: TBD
NUWCDIVNPT Control Number: 191317
NUWCDIVNPT Requisition Number: 1300769865
NUWCDIVNPT POC: Janna Beckert (Phone: (401) 832-3560; Email: janna.beckert@navy.mil)
Amendment 0007
The purpose of Amendment 0007 is to address industry questions and provide Government responses.
QUESTION 1: In regards to solicitation #N6660419R1317 3.1 Technical Capability a. Offeror shall provide a US patent application and/ or issued US patent:
Do we need to include more than the cover page of the patent? Will the US government look up the related patent for evaluation or does more than 1 page need to be included. Thus, can we provide additional technical capability explanation up to the limit of 20 pages?
ANSWER 1: All requested information necessary shall be included in the technical proposal for the Government to conduct an evaluation in accordance with the evaluation criteria.
QUESTION 2: Will the response date and time be extended beyond 2:00 PM EST 30 July 2019.
ANSWER 2: The Government will NOT be extending the solicitation closing date and time beyond 2:00 PM EST 30 July 2019.
QUESTION 3: Can the Government provide a copy of the original solicitation issued on 05 June 2019 that was locked on FBO?
ANSWER 3: This question was addressed via a previous amendment. The original solicitation was locked in error and was corrected on 14 June 2019 and the solicitation was uploaded unlocked. Both documents are the same.
QUESTION 4: What is the exact siteand/or portal to upload the RFP document?
Answer 4: Proposal submittal information can be found in Section L, Instructions to Offerors, paragraph 1.1.
All other solicitation terms and conditions remain unchanged.
Amendment 0006 The purpose of Amendment 0006 is to:
1. Revise provisions as detailed below.
2. Insert Contract Data Requirements List, Exhibit A.
3. Address industry questions and provide Government responses.
QUESTION 1: Is NIST compliance required in order to submit a bid on the item above?
ANSWER 1: NIST is not applicable to this requirement.
QUESTION 2: How many patent applications per year would be given to the firms awarded the BPA?
ANSWER 2: The exact required number of patent applications are unknown at this time. Request for Quotes will be issued to all BPA holders when a requirement is determined.
QUESTION 3: How many firms will be awarded the BPA?
ANSWER 3: The BPA will be awarded to multiple vendors and quotes will be requested as calls against the order are made. There is no estimate for the number of awards that will be made.
QUESTION 4: How much time will be given for a patent search?
ANSWER 4: This is addressed in Block 16 of CDRL A002 on form DD Form 1423-2, AUG 96 (EG). In addition, individual BPA Calls will have Period of Performances identified.
QUESTION 5: How much time would be given for preparing the first draft of the patent application? (e.g. 30 days, 60 days, etc.)
ANSWER 5: This is addressed in Block 16 of CDRL A001 on form DD Form 1423-2, AUG 96 (EG).
QUESTION 6: How much time would be give for preparing the final draft of the patent application?
ANSWER 6: This is addressed in Block 16 of CDRL A001 on form DD Form 1423-2, AUG 96 (EG).
Question 7: If a group within a firm is less than the size standard but the overall firm is larger can an offeror provide a proposal?
Answer 7: All offerors small business size status will be verified in the System for Award Management (SAM.gov).
This requirement is set-aside 100% Small Businesses.
QUESTION 8: In Instructions to Offerors 2.0 Pass/Fail Requirements, on page 31 of 38, of the Solicitation, subparagraph (a) states that verification of an Offeror’s CAGE code is sufficient with regard to the Joint Certification Program (JCP). We have a CAGE code. Please confirm that a CAGE code by the Offeror is sufficient to meet this pass/fail requirement.
ANSWER 8: Offerors shall provide proof of registration in the Joint Certification Program. A statement that the Offeror is registered in JCP is not sufficient proof.
QUESTION 9: Section M – Evaluation Factors (b) states that each offer should contain the Offeror’s best terms from a technical and pricing standpoint. However, we don’t see any pricing factors in the evaluation, any requirement that Offeror should provide a separate pricing proposal, or otherwise how Offeror should provide pricing information. In other Government proposals, we have submitted pricing by task or hourly. Please confirm whether the Offeror is to provide pricing information as part of the proposal and, if so, what pricing information is to be provided.
ANSWER 9: This was an administrative error and section M has been revised to clarify that no pricing information is required at the master BPA level. Quotes will be requested as calls against the master BPA to all BPA holders.
QUESTION 10: Obtaining a patent involves many steps that can be separated into the following 4 stages:
1.Searching and reporting Prior Art 2.Preparing a patent application, including drafting figures;
3.Filing the application and figures with the U.S. Patent and Trademark Office; and 4.Negotiating with the PTO until a patent issues from the application.
When I read the solicitation, I understand only stages 1 and 2 are out for bid based on my reading of the scope of work and deliverable product (reproduced below). Although I have seen instances where stages 1 and 2 are handled separately from stages 3 and 4, that is atypical for many clients.
Accordingly, I would just like to confirm whether I correctly understand the Scope and Deliverable Product portions of the solicitation.
ANSWER 10: The contractor shall be tasked in accordance with the Statement of Work (Stages one and two). The contractor shall not represent the Navy in any capacity.
QUESTION 11: Although this solicitation is for a blanket purchase agreement, is an estimate of the volume of work to be assigned among all award recipients available?
ANSWER 11: The exact required number of patent applications are unknown at this time. Request for Quotes will be issued to all BPA holders when a requirement is determined.
QUESTION 12: Will NUWC share in the cost of bringing an award recipient's IT infrastructure into compliance with DFARS 252.204-7012, e.g., as a separate billable line item rather than as an expense amortized within the charges billed for services provided?
ANSWER 12: No, the Government will not share this cost as it is not a direct cost to the contract.
QUESTION 13: The above-referenced solicitation repeatedly refers to PRICE as an evaluation factor in the award.
However, I am unable to find any place in the description of the proposal that allows me to enter any price information. Please help me understand how PRICE is an evaluation factor and where I am supposed to enter my pricing data.
ANSWER 13: This was an administrative error and section M has been revised to clarify that no pricing information is required at the master BPA level. Quotes will be requested as calls against the master BPA to all BPA holders
QUESTION 14: I submitted a bid last week and, upon further reading, I find that I needed to sign the amendments and include them in the package, which I did not do. What is the easiest way to update my filing – send a whole new replacement, send just the missing pages as an addenda, other?
ANSWER 15: How the offeror decides to submit a complete proposal is a business decision made by the offeror.
QUESTION 16: After further investigation with PTAC, I find I am not certified with JCP, as it takes about 30 days.
Is there a remedy or will I just miss the deadline?
ANSWER 16: Please refer to Instructions to Offerors 2.0 Pass/Fail requirements for information concerning the Pass/Fail requirements of the solicitation.
Section C:
1. Revise Statement of Work (SOW).
Section M:
1. Revise Section M – Evaluation Factors for Award.
Section J:
1. Insert Exhibit A DD Form 1423, CDRL.
Amendment 0005 The purpose of Amendment 0005 is to extend the closing date and time from 2:00 PM EST 16 July 2019 to 2:00 PM EST 30 July 2019.
All other solicitation terms and conditions remain unchanged.
Amendment 0004
The purpose of Amendment 0004 is to extend the closing date and time from 2:00 PM EST 09 July 2019 to 2:00 PM EST 16 July 2019.
Amendment 0003
The purpose of this amendment is to:
1. Extend the closing date and time from 2:00 PM EST 01 July 2019 to 2:00 PM EST 09 July 2019.
2. Address industry questions and provide Government responses.
QUESTION 7: There is an original solicitation posted June 5 and one posted June 14. I cannot access the one posted on the June 5 and it is not labeled as an amendment.
ANSWER 7: The solicitation posted on June 14 is the same as the one posted on June 5. It was reposted to revise access permissions due to an administrative error.
All other soliciation terms and conditions remain unchanged.
Amendment 0002
The purpose of Amendment 0002 is to correct an administrative error in Amendment 0001 and to extend the closing date and time from 2:00 PM EST 20 June 2019 to 2:00 PM EST 01 July 2019.
Amendment 0001
The purpose of this amendment is to:
1. Extend the closing date and time from 2:00 PM EST 20 June 2019 to 2:00 PM EST 01 July 2019.
2. Address industry questions and provide Government responses
QUESTION 1: Do we have to sign and return the cover sheet of the "Solicitation/Contract/Order For Commercial Items"?
ANSWER 1: The contractor is required the solicitation and all associated amendments in accordance with block 28 of the solicitation.
QUESTION 2: With regard to the requirement for a sample Prior Art Search Report, I assume that what is required is a copy of an actual prior art search report that we have done. My concern is that these reports are "Attorney- Client Privileged Communications" and that I may violate the Rules of Professional Conduct in submitting a prior art search report of another client. Do you have any recommendations?
ANSWER 2: Section L Instructions to Offerors 3.1(b) is revised to reflect and incorporate the below language:
- Provide a sample prior art search accomplished for a client that would waive privilege in writing.
- Provide a prior art search report produced for the vendor's own use.
- Provide a prior art search report produced for another U.S. Government agency. However, identify the agency (for Approval by us) before sending the report unless it is the U.S. Navy.
- Produce a prior art search report on an issued patent of the United States of America; as Represented by the Secretary of the Navy while attesting that the search results were not taken from the text of the issued U.S. patent.
Or
- Produce a new prior art search report for a field of technology of NUWCDIVNPT such as antennas, optics, pumps etc.
QUESTION 3: What are DCAA and DCMA office points of contact?
ANSWER 3: DCAA and DCMA activities will be identified at time of award as DCAA and DCMA POCs are determined by the contractor’s location. All post award administration for the BPAs will be done by NUWCDIVNPT. If an offeror does not have identified points of contact the offeror shall state that.
QUESTION 4: I would also like to request the bid packages.
ANSWER 4: This was due to an administrative error the solicitation and attachments are now accessible.
QUESTION 5: Technical Capability (3.1a): The requirement is a USPTO patent application or an issued USPTO patent; we have both. They each total well over 20 pages in length; what portion(s) shall we submit (i.e., first page showing patent info, drawing(s), etc.)?
ANSWER 5: In accordance with the solicitation the Government shall only evaluate 20 pages. Any additional pages over the page count will not be considered in the evaluation.
QUESTION 6: Technical Capability (3.1b): Does the required example in (b) need to be related to what is submitted in (a)?
ANSWER 6: The required example in (b) does not need to be related to what is submitted in (a).
SECTION G:
1. Insert provision G-232-H004 GOVERNMENT PURCHASE CARD METHOD OF PAY (NAVSEA) (OCT 2018).
SECTION L:
1. As a result of Answer 2, Section L Instructions to Offerors 3.1(b) is revised to reflect and incorporate this language.
(End of Summary of Changes)
File details come from the government source that posted it. Updated .