PTAG 6.1.1 Alternative Competition Synopsis.pdf

Patent and Trademark Guidelines Part 6.1.1 – Alternative Competition Synopsis

Automation and Orchestration Platform

Notice ID: ACQ-25-0186

November 8, 2024

The United States Patent and Trademark Office (USPTO) has a requirement for an automation platform that will allow the ability to rapidly prototype, build, test, expand, and maintain complex automated workflows and orchestrations. The designated NAICS Code is 541519. The anticipated contract award will be for a 12-month base period and one (1) 12-month option period, beginning on the date of award. The anticipated award date is December 4, 2024.

USPTO is exempt from the Competition in Contracting, 41 USC 3301 under the Patent and Trademark Office Efficiency Act, 35 U.S.C. 2(b)(4)(A) and the subject requirement is being procured using the Alternative Competition Method, as described in the Patent and Trademark Office Acquisition Guidelines (PTAG) 6.1.1.

In accordance with the PTAG, the USPTO publicized this requirement on April 10, 2024 through a Sources Sought notice (280-EIPL-1112) and the results allowed the agency to select a vendor that it considers the most likely to successfully meet the agency's needs. As stated in Request for Information (RFI) #280-EIPL-1112, “The Contracting Officer (CO) is using procedures developed under the Patent and Trademark Office Efficiency Act, 35 U.S.C.

2(b)(4)(A), which provides for the Alternative Competition Method defined in section 6.1.1 of the Patent and Trademark Office Acquisition Guidelines (PTAG). Under PTAG 6.1.1 Alternative Competition, “After conducting market research, the CO and Contracting Officer’s Representative (COR) will use their technical expertise and understanding of the marketplace to determine which vendor(s) is/are the most likely to successfully meet the agency’s needs and are thereby eligible to participate in an alternative competition.” The PTAG 6.1.1.

RFI also advised vendors that, “Throughout any stage of this market research process, capable vendors may be determined eligible to participate in an alternative competition.” After completing its Stage One assessment, the USPTO determined that Stage Two was not required, and elected to advance directly to Stage Three, the Alternative Competition, and issuance of the solicitation. PTAG 6.1.1.(b) states, “The CO should consider the USPTO’s small business goals when determining which vendor(s) can participate in an alternative competition.”

After reviewing the results of the market research request for information, it was determined, in accordance with PTAG 6.1.1(a) and (b) that one small business entity was among the vendors most likely to meet the agency’s need, and in consideration of USPTO’s small business goals, it was determined that the CO will issue the Alternative Competition Solicitation to the highest rated small business.

As a result of the PTAG 6.1.1. Alternative Competition market research, the USPTO will release the solicitation to the small business vendor determined to be most likely to fulfill the agency’s needs. The vendor selected to participate in the Automation and Orchestration Platform Alternative Competition:

ThunderCat Technology

The USPTO greatly appreciates all industry participation in this market research process and thanks those companies that submitted an RFI response.