RFQ-Government_responses_to_questions_for_Trademark_Requirement.pdf

Government Responses to Questions for RFP Number: NIHOD2017120

Question:

In pages 2, 3 and 4, Article B.2, Prices, the tables for Base Period and Option Periods 1 through 4 read as follows: “Other Expenses: All other costs, including filing fees, drawings, faxing, telephone, courier, other delivery, foreign agent’s costs shall be billed at acquisition or production costs with no additional markup.” These costs are estimated by the Government as “Not to Exceed (NTE) - $10,000.”

In our opinion, filing fees depend wholly on the number of applications that the NIH intends to file, so it is hard to guarantee that the Other Expenses will be capped at

$10,000. In the best-case scenario, assuming the lowest USPTO filing fee of $225, this amounts to 44 applications. Please clarify if this cap is to include the filing fees from the

USPTO.

Please also clarify if the fees for search services is to be included in this cap. If so, can the

NIH provide an estimate as to how many searches they intend to conduct in a year?

Response:

The cap will continue to be a not to exceed of $10,000. However, the contract can be modified to increase the cap if more funds are needed to cover other costs.

Also, search fees would not be included in the list of expenses.