RFI PTAG 6.1.1 anti counterfeiting campaign_Redacted.pdf

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Controlled by: United States Patent and Trademark Office, OCAO, RICPO, 571-272-9990

The United States Patent and Trademark Office (USPTO) is conducting market research to assess the availability of qualified sources capable of providing anti-counterfeiting public awareness campaign services for the, “Go For Real” campaign relating to the intellectual property associated with McGruff the Crime Dog®, and development and execution of the on-going anti-counterfeiting public awareness campaign targeting tweens and teens, their caregivers, educators and law enforcement.

These services include the development of assets including PSAs (audiovisual and radio), audiovisual content (“Go For Real” TV), online games, and curricula for educators.

Please see the attached Statement of Work for more details.

The subject requirement is being procured using the Alternative Competition Method in accordance with the Patent and Trademark Office Acquisition Guidelines (PTAG) and the Patent and Trademark Office Efficiency Act 35 U.S.C. § 2(b)(4)(A). This Request for Information is not a request for competitive proposals.

This Request for Information (RFI) is intended as preliminary market information gathering which the USPTO will use 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.

As a result of this market research, the prospective solicitation will only be issued to the limited number of qualified vendor(s).

The Government will not utilize formal evaluation criteria for market research associated with PTAG

6.1.1. The Government will review RFI responses to determine which vendor(s) are most likely to successfully meet the agency’s requirement.

This document is not a Request for Proposal (RFP) or Request for Quotation (RFQ), or a promise to issue an RFP or RFQ in the future. There is no USPTO commitment or implied agreement or understanding as a result of Government action or inaction taken in response to the RFI or the accompanying documents or attachments. This RFI does not commit the Government to contract for any supply or service whatsoever. The information provided in the RFI is subject to change and is not binding on the Government. Participation in this process is strictly voluntary.

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Interested parties shall provide a capability statement highlighting campaign experience, public relations experience, and experience raising public awareness on organized crime and counterfeit goods. All technical requirements in the statement of work should be demonstrated within the capability statement.

Responses must be received at USPTO no later than 05/24/2024 12:00 pm ET by email to Emalee.Gawrelski@uspto.gov and Jennifer.Springer@uspto.gov. When submitting a response to this RFI include the following in the subject line “RFI Response – Go for Real”.

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STATEMENT OF WORK

Anti-Counterfeiting Campaign

1. BACKGROUND

The United States Patent and Trademark Office’s (USPTO) Office of Policy and International Affairs the has a requirement for an anti-counterfeiting public awareness campaign. The USPTO is a federal government agency funded by the fees charged for filing patent and trademark applications and maintaining trademark registrations and patents and is dedicated to continuing to improve the overall quality of the products and services it provides. The mission of the USPTO is to administer the laws and regulations related to patents and trademarks in order to promote industrial and technical progress in the United States and strengthen the national economy. The USPTO 2022-2026 Strategic Plan includes, among other objectives, an intent to “improve domestic IP enforcement and reduce domestic IP crime and infringement” (Objective 3.3) by “collaborating across the federal government to conduct awareness-raising programs in the United States about the dangers of piracy, counterfeiting, and theft of trade secrets.” (Strategy 1).

Furthermore, the topic of anti-counterfeiting is an important issue to intellectual property owners and advocacy groups.

Anti-counterfeiting efforts are highlighted in the Intellectual Property Enforcement Coordinator (IPEC) Annual Report to Congress discussing the importance of engagement and partnership with the private sector and other stakeholders on the issue. Likewise, the international community (through the World Intellectual Property Organization (WIPO), Advisory Committee on Enforcement (ACE)) continues to focus on the ongoing need for public education and assistance in combatting counterfeiting and piracy, which remain significant problems in the U.S. and abroad. In response to these challenges, WIPO ACE continues to prioritize the need for national IP public awareness campaigns.

2. OBJECTIVES

The objective of this project is to assist in achievement of the strategic goals set forth in the USPTO Strategic Plan. Specifically, campaign outreach efforts on anti-counterfeiting support the strategic goal to promote the protection of IP against new and persistent threats. This campaign will support this goal by increasing public awareness of the dangers of counterfeit goods, thereby lessening demand and protecting trademark owners.

The overall objective is to raise public awareness of intellectual property and decrease demand for counterfeit goods. The USPTO will be continuing its educational campaign aimed at tweens and teens, along with their caregivers, educators and law enforcement. The campaign will continue to educate the target audiences on the adverse impact of counterfeit goods on the economy, the safety risks of potentially inferior products, the crime of producing and marketing counterfeit items and actions the public can take to identify and avoid counterfeit products.

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The USPTO will need to work with a contractor to create and develop the campaign via a five year Blanket Purchase Agreement (BPA). USPTO seeks a contactor that is a leader in crime prevention and experienced in creating public awareness campaigns promoting crime prevention.

3. SCOPE OF WORK

The USPTO has identified a need to expand its outreach efforts to educate the public on the threats posed by counterfeit goods. Organized crime and increased levels of global trading and manufacturing operations in lower-cost regions have enabled the proliferation of counterfeit goods in the U.S. marketplace. Members of the general public often are not aware of the relationship between counterfeit goods and organized crime or the risk and potential dangers that exist in purchasing counterfeit drugs, electronics, parts, etc. Members of the general public may also not know that counterfeit goods stifle legitimate economic growth. Discussions with the USPTO’s stakeholders have also made it clear that spreading awareness on this topic is important to these groups.

This Statement of Work is to obtain a multi-year anti-counterfeiting public awareness campaign to sponsor outreach and engagement to educate the public about this growing problem.

The Contractor shall provide all of the necessary personnel, material, equipment, services, and facilities to perform the services outlined in this Statement of Work.

The Contractor shall develop and implement a plan, in coordination with the USPTO, for a multi-year, nationwide, public awareness campaign on the dangers of counterfeit products. To accomplish this plan, the Contractor shall conduct research through focus groups to determine multiple options on potential campaign direction and messaging, plan and assist with the execution of a nationwide outreach plan to educate the public on the threats posed by counterfeit products.

The Contractor shall extend the reach of the nationwide outreach campaign to videos and various types of media as described below in compliance with the Federal Records Act. In addition, the Contractor shall ensure that any prize competitions or contests must be conducted in accordance with the America COMPETES Reauthorization Act (P.L. 111-358, Jan. 4, 2011) and 15 U.S.C. §3719.

The Contractor shall create all of the campaign initiatives, creative development, curricula, educational materials, and any deliverables related to the campaign subject to the acceptance and approval of the USPTO. All deliverables produced as a result of this effort are the property of the USPTO.

The Contractor must ensure that all campaign products and deliverables fully comply with USPTO branding, social media, and web governance guidelines as outlined by the USPTO, including AAO 219- 01, which will require review by the Office of the Chief Communications Officer (OCCO). All web content needs to be situated on USPTO.gov or another URL in a manner that complies with the OMB Memorandum M-10-23, Guidance for Agency Use of Third-Party Websites and Applications.

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Web Development

Outreach Efforts will support partnership development with a growing number of local family advocacy groups . Ongoing briefings, outreach to affected families, speaking opportunities to youth and thought and opinion leader audiences, media relations, and other related activities are included.

• Partnership Development

• Family Outreach

• Go For Real Briefings

• Media Relations

• Speaking Opportunities

Social Media Campaign Go For Real has cut new ground with innovative social media efforts. This year will focus on lessons learned from previous successes to work with digital-first content creators, as well as a continuation of a robust organic social media development. An innovative event, similar to the Harry Houdini Murder Mystery, will be held.

• Influencer Campaign

• Creative Organic

• Innovative Events

4.2 Deliverables Format

Deliverables that are classified as media shall be submitted in one of the following USPTO compatible formats such as: .mov, .wmf, .mp3, mp4, h.264 and .mpg. Deliverables shall be provided in digital form, in both finished and editable forms in the event future modification is desired (e.g., source code, raw video files, etc.) and so that the agency can assess compliance requirements for federal records management policies including, but not limited to, the Paperwork Reduction Act (PRA) and System of Records Notices (SORN). Additionally, the following technical requirements apply:

4.3 Technical Requirements:

•Videos should be a minimum of 720p resolution and 30 frames per second; and •Flyers shall be emailed as .pdf files

All deliverables are subject to government acceptance and approval. All public-facing materials must

7 | P a g e comply with USPTO branding and style guidelines as outlined in Attachment 1. The contractor will deliver a draft for preliminary review. The government will have up to 20 business days to accept or request changes prior to approval of the final deliverables. In the event that deliverables are not accepted in writing via email, or the need for revisions communicated by the COR in 20 business days, deliverables will be accepted as is. The USPTO may disapprove any product. In addition, the USPTO may disapprove any talent whose appearance is not in the best interest of the government, notwithstanding the individual’s professional qualifications. Future campaigns will be subject to the needs of the government and the results of the current year program and results.

Any electronic and information technology products delivered under this contract must comply with the applicable requirements of Section 508 of the Rehabilitation Act of 1975, as amended.

Relating to all donated media: If any donor of media services wants recognition by USPTO for a donation, please provide the details of the request to the Contracting Officer for approval prior to agreement on the terms of the donation.

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4.5 Place of Performance:

The primary place of contract performance shall be at the Contractor’s site. However, the contractor shall be required to attend occasional meetings in briefings at the U.S. Patent and Trademark Office, 600 Dulany Street, Alexandria, VA 22314.

4.6 Travel:

The need for travel is not anticipated for the effort except as described herein for Contractor and its subcontractors in relation to deliverables such as Focus Groups, Events, Campaign team meetings and Training of Trainers. All travel is subject to two (2) weeks advance notification and prior approval from the CO/COR. All travel costs incurred by the Contractor for transportation, lodging, meals, and incidental expenses shall be considered allowable, if determined reasonable by the Government. Reimbursement of travel and/or per diem costs will be based upon the travel regulations as set forth in the Federal Travel Regulations (FTR) in effect at the time of the travel. No travel is allowed without prior approval of the Contracting Officer’s Representative (COR).

4.7 Payment Schedule:

The payment schedule is based on the timely submission and Government acceptance of deliverables and monthly reporting as detailed in the deliverable chart.

4.8 Compensation for Advertising or Media Placement:

(a) The Contractor will be compensated for the design, preparation, and creative work relating to the advertisements and social media to be placed and the services rendered for the work under the contract regardless of whether the particular advertisements or social media grants the Contractor a commission, refund, or rebate for the placement. In the case of costs for the purchase, placement and related services of the advertising in media or on social media platforms, the Contractor shall only be compensated the actual cost of placement. Any refunds or rebates must be paid to the government.

(b) The cost of placement of advertising in said media or on social media platforms shall not exceed the published or certified card or schedule rates for the space or time in the media concerned.

(c) If cash discounts for prompt payment to media for advertising placed are available to the Contractor, the costs shall not exceed the established certified or schedule rates for space or time less the maximum discounts available.

(d) In the case of proposals for placement of advertising in media or the use of social media platforms, the Contractor shall include only the actual cost and including any refund, rebate or commission due from the media concerned. If the media in which the advertising is proposed to be placed allows cash discounts for prompt payment, the proposed cost shall not exceed the card or schedule rates based on the taking of the maximum US Government discount.

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6. Press policy: http://ptoweb.uspto.gov/cco/media-policy.html

7. Brand standards: http://ptoweb.uspto.gov/cco/brand/index.html

8. Communications review policy:

https://usptogov.sharepoint.com/sites/de591e02/Pages/Communication-Review- Process.aspx

9. Website policies:

http://ptoweb.uspto.gov/ptointranet/directives/#219 and http://ptoweb.uspto.gov/wmb/ (See also Attachment 3 of RFQ)

10. Social media policies: Instagram only posted publicly; Department of Commerce

(DOC) social media guidance: https://www.commerce.gov/about/policies/social-media

11. USPTO – Writing Style Guide (see Attachment 1 of RFQ)

All IT products shall comply with Public Law 115-336.*Any updates to Act, Policies or Regulations will be provided by the COR.

Attachments (incorporated within the base award):

A. Attachment 1 – USPTO Writing Style Guide B. Attachment 2 – Information Collection Under the Paperwork Reduction Act C. Attachment 3 – Guidance for Agency Use of Third-Party Websites and Applications D. Attachment 4 – Agency Administrative Order 205-16 – Information Governance and

Records Management