NRMW10002201106 TPO 2022_PWS 8Sept2022 RFQ.pdf

DEPARTMENT OF COMMERCE ENTERPRISE SERVICES

PERFORMANCE WORK STATEMENT

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PERFORMANCE WORK STATEMENT:

SOFTWARE PROCUREMENT

FOR

OAR/ORTA/TPO

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1.0 Purchase Order Overview

This is a non-personal services purchase order. The Government will not exercise any supervision or control over the purchase order service providers performing the services herein. Such purchase order service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government as defined in this Performance Work Statement (PWS). The Contractor shall perform to the standards in this purchase order.

2.0 Background

The NOAA Technology Partnerships Office is the single office in NOAA with the responsibility for tracking and managing NOAA’s intellectual property. In this role, the TPO is required to record all intellectual property generated at NOAA’s labs and centers and then determine the proper disposition for each item of intellectual property. The disposition cycle includes actions that are unique within NOAA to the TPO. These include:

● Intake of formal invention disclosures from NOAA scientists and engineers

● Determination and filing of legal ownership rights

● Research and evaluation on the patentability of technologies considered to be novel.

● Filing and management of protection for intellectual property through the development and filing of patent and trademark applications with the USPTO, payment of associated fees on the mandated schedules, and the filing of all associated paperwork.

● Marketing of all NOAA intellectual property to the public for the purposes of attracting potential licensees, including the creation technology summaries for the public.

● Negotiating and entering into licensing agreements for NOAA intellectual property.

The TPO is also required to retain and catalog federal records for all intellectual property and agreements developed through our Technology Transfer program.

TPO has been using a flat set of spreadsheets to manage these various activities for the past 10 years. However, the number of agreements and invention disclosures has increased significantly over the past 10 years and we are in danger of missing critical deadlines as a result.

Rather than seek to build a system from scratch we would like to procure one of the industry standard systems that have been use in University and federal technology transfer offices for decades.

2.1 Objective

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The objective of this action is to procure the best-in-class intellectual property and agreement management system. The procurement will include the installation of the software on a NOAA cloud or on-premise server, four user licenses, and single-sign on access behind the OAR VPN or a comparable Software as a Service solution located on a FedRAMP certified cloud.

3.0 Requirement

3.1 The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform this requirement.

3.2 The Contractor shall monitor performance in accordance with the approved Quality Control Plan (QCP). The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which they will ensure work complies with the requirements of the purchase order.

3.3 The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall consider the stability and continuity of the workforce are essential.

3.4 The Contractor will provide intellectual property and agreements management software with the following modules:

● Technology/disclosure management

● Intellectual property management

● Agreements

● Customer Relationship Management & Marketing

● Financials

● Reporting & Analytics

● Technology Publisher

● Inventor Portal

● Agreement Portal

● Customization options (User Defined Fields, Content Management)

● Activity Management

● Software is built with and runs on industry standards and applications such as either a Microsoft SQL Server® or Oracle® database engine.

3.5 The Contractor will provide product implementation support and ongoing software updates; one-time electronic data migration from a single source; 8 hours of online

4 | Page training during the first year; and advanced graphical analytics during the contract period.

4.0 Type of Order

Fixed price, non-severable services.

5.0 Place of Performance

Contractor support shall perform work remotely and will coordinate with NOAA/OAR CIO staff to complete the initial software installation.

☒ Remote/telework may be authorized by the Task Manager (TM) on a case-by-case basis.

6.0 Period of Performance

From date of award for three years.

7.0 Hours of Operation

Under this purchase order, the Contractor is responsible for conducting business, Monday thru Friday during normal business hours except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

Federal Holiday Schedule:

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

8.0 Government Furnished Resources

8.1 The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use. The Contractor shall not use GFP/E/I for any purposes other than official Government business as performed under this purchase order. At the close of each work period, government facilities, equipment, and materials shall be secured.

8.2 Contractors working on Government sites will be provided standard business equipment including all or some of the following: desk, chair, phone, computer, and access to office equipment such as printers, copiers, fax, etc.

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8.3 Unless otherwise directed by the Contracting Officer, Contractors shall be responsible for immediately returning GFP/E/I to the DOC Property Official who issued their OF-7 Property Pass when the property is no longer needed for the use for which it was authorized.

8.4 In accordance with FAR 52.245-1, Government Property, the Contractor shall prepare for shipment and deliver f.o.b. origin any Government-issued laptop, cellular phone, or other business equipment taken off-site and is responsible for the cost of shipping and risk of loss.

9.0 Qualifications

The Contractor is responsible for and shall ensure staff are properly trained and hold the appropriate credentials as required for the services being performed.

10.0 Travel

Travel ☐ is ☒ is not required under this purchase order.

If required, the Contractor shall travel as approved by the designated TM or COR during the performance of this purchase order to attend meetings, conferences or conduct other official business covered under this purchase order. Authorized travel is reimbursable in accordance with the contract. The Contractor shall ensure adequate funding is available for costs of travel prior to incurring costs.

Local travel to meetings, conferences or other official business covered under this purchase order is not reimbursable as a direct charge.

11.0 Conflicts of Interest

Contractor and subcontract personnel performing work under this purchase order may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications, or work statements, etc.), or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the CO immediately whenever he/she becomes aware that such access or participation may result in any actual or potential OCI and may merit the submittal of a plan to the CO to avoid or mitigate any such OCI.

This mitigation plan would be determined to be acceptable solely at the discretion of the CO. In the event the CO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may employ other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

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12.0 Data Rights

The Government has unlimited rights to all documents/material produced under this purchase order. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

13.0 Reports and Deliverables

13.1 The Contractor shall attend progress meetings requested by the contracting activity or purchase order administration. The Contracting Officer, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the CO will apprise the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

13.2 Monthly Reporting

The contractor shall submit the Monthly Status Report to the COR in Microsoft Word format during the onboarding period. At a minimum, the report shall track the submission of deliverables and detail the status of each. The report should detail major accomplishments, problems/resolutions, issues/mitigation plan, and recommendations.

The report shall cover all work completed during the reporting period and reflect data as of the last day of the preceding month. If a problem or issue has not been completely resolved, contractor shall provide an explanation including its plan and timeframe for resolving the issue. The report shall detail work planned for the subsequent reporting period. The COR will certify the report.

14. Contracting Officer’s Representative

Contracting Officer’s Representative (COR) and Assistant, the designated COR for this order will be provided at time of award.

Task Management duties will be performed by the following:

COR: TO BE PROVIDED AT TIME OF AWARD

Email: TO BE PROVIDED AT TIME OF AWARD

Phone: TO BE PROVIDED AT TIME OF AWARD

15.0 Attachment/Technical Exhibit List

16.1 Attachment 1/Technical Exhibit 1 - Performance Requirements Summary

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16.2 Attachment 2/Technical Exhibit 2 - Deliverables Schedule

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TECHNICAL EXHIBIT 1

Performance Requirements Summary The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective (The Service required— usually a shall statement)

Performance Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance

PRS # 1.

For on premise installation, the Contractor shall provide intellectual property management software package for installation on premise at

NOAA/OAR

The Contractor provided intellectual property management software package for installation on premise at NOAA/OAR.

Zero deviation from standard.

Receipt verified by

OAR CIO.

PRS # 2

The Contractor shall provide Single Sign On or, for SaaS, login credential connectivity.

The Contractor provided Single Sign On connectivity.

Zero deviation from standard.

Receipt verified by

OAR CIO.

PRS # 3

The Contractor shall provide electronic data migration from the TPO Google Sheet

The Contractor successfully migrated TPO technology transfer IP and CRADA data from the TPO Google Sheet into the application.

Zero deviation from standard.

TPO Project Manager to verify data migration is complete and accurate.

PRS # 4

(See example provided in

PRS 1.)

(See example provided in

(See example provided in PRS 1.)

(See example provided in

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TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

This technical exhibit lists any reports or documentation that is required as a deliverable to include the frequency, # of copies, medium/format and who/where it is to be submitted. A deliverable is anything that can be physically delivered but may include non-physical things such as meeting minutes.

Note: All PWS deliverables should be included in this exhibit.)

Deliverable Frequency # of Copies Medium/Format Submit To Monthly Progress Report (14.2)

Monthly by the 5th of each month covering the previous month.

1 copy submitted electronically by email

MS Office or PDF formats

TM, COR, CO

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