Solicitation Training and Instructional Support Services.pdf

United States Training Support Services Patent and Trademark Office Solicitation

I. Performance Work Statement

1. Requirement

See Attachment 1 - PWS Training and Instructional Support Services

2. Background

The mission of the U.S. Patent and Trademark Office (USPTO) is to drive U.S. innovation, economic growth, and global competitiveness. The USPTO Office of Information Technology for Patents (OITP) enhances patents quality and examiner effectiveness through software development, information services, and automation training. Within OITP, two divisions under the Office of Patent Information Resources (OPIR), the Automation Training Services (ATS) and Digital Media Services (DMS) divisions provide training and instructional support services at two levels – classroom instruction and eLearning delivery.

• Automation Training Services (ATS) Division

ATS provides Patent Examiners and staff with training and support on mission-critical patent automation, desktop, and search tools. The ATS Information Technology Resource Provider (ITRP) program provides full service instructional development for 508 compliant training materials, one-on-one support and classroom instruction thus meeting all the needs for patents staff to be productive.

The ITRP Program provides training, assistance, and on-the-spot consultation to all Patents staff on workflow (PE2E, etc.), desktop (Microsoft (MS) Office suite), and collaborative (MS Teams, WebEx etc.) software. The ITRP program supports formal programs (new hire training, experienced Patents staff training, etc.) and offer support through one-on-one assists, classroom instruction and demos, and remotely via collaboration tools.

• Digital Media Services (DMS)

DMS is the premier multimedia support organization within the USPTO. The DMS team provides production services, including concept development along with production and post-production. For an all-in-one script-to-screen solution, DMS can write, produce, and edit a finished product that fits any project objective. Besides internal customers, DMS interacts with other government agencies, universities, and the National Inventor's Hall of Fame.

DMS Virtual Event specialists provide assistance to customers with web-based communication requirements. Technicians prepare, train, monitor and provide technical support & troubleshooting services for USPTO town hall events, training sessions and conferences. The

United States Training and Instructional Support Services

Form # USPTO-OP-022 (08/2020) Page 2 of 64

DMS computer-based training (CBT) team works with customers to define CBT strategy & key training elements including script, animation, graphics, video and audio requirements. Finally, DMS creates multimedia products to distribute agency news and encourage USPTO and public viewers to utilize or participate in events, products or services. DMS provides products in compliance with all Section 508 & Copyright Act of 1976 laws.

3. Purpose

The purpose of this acquisition is to provide Contractor support to analyze, design, develop, implement, instruct, and evaluate information technology training. These services shall be procured via a single, firm-fixed contract.

4. Scope

(a) The Contractor shall provide the following services:

Task Area 1: Instructional and Training Services ATS Support Alexandria Headquarters (HQ)

Task Area 2: eContent and eLearning Development Services Digital Media Services (DMS) Support Alexandria Headquarters

(b) The Contractor shall furnish all necessary personnel, materials and services, (except as otherwise provided or specified) to perform the following requirements either on-site at the USPTO’s facilities or at a USPTO approved alternative work site (telework).

4.1 Perform Training and Instructional Support Services ATS

(a) The Contractor shall perform industry standard training and instructional support services to cover a variety of training areas and topics. Contractor provided instructors under this contract shall be required to participate and provide all services to support the USPTO Information Technology Resource Provider (ITRP) program. This program is primarily designed to deliver comprehensive instruction, support services, training materials creation and individualized consultation exclusively for USPTO personnel, ensuring a high standard of training and assistance.

(b) Instructional support activities shall include both formal and informal instruction, conducted in-person, in a classroom or lecture setting, and virtually, using agency collaboration tools such as WebEx and/or MS Teams, ensuring that instructional delivery is adaptable and accessible to all USPTO personnel.

(c) The Contractor shall provide training and instructional support services on all agency utilized automation tools including the automated system tools that electronically accesses patent applications, in-house tools for searching US and Foreign Patents, tools to allow examiners to

Form # USPTO-OP-022 (08/2020) Page 3 of 64 generate correspondence to applicants, case management tools, a variety of reference materials and internally developed manuals and aids in electronic hyperlinked form (all 508 compliant), and a standard suite of office automation products (primarily Microsoft-based).

(d) The Contractor shall provide training and instructional support services to the Office of Patent Training (OPT) to support all aspects of patents administrative processes. This includes processes to move applications through the patent production pipeline and specialized processes relevant to different patent business units.

(e) In addition to the USPTO software and processes, the Contractor shall provide training on, and are expected to possess expertise in, commercially available software such as the Microsoft products available on the average the USPTO desktop.

(f) The Contractor shall have the capacity to support up to 15 concurrent classes with instructors and backup(s) with minimal impact on Hotline/Chatroom/Assists services. Back-up instructors shall have the ability to support at least two primary instructors and classes at the same time.

4.1.1 Instructional Design ATS

(a) The Contractor shall perform the full range of instructional design activities in support of the ITRP program mission. The Contractor shall be responsible for systematically designing, developing and delivering instructional materials and experiences, both digital and physical, in a consistent and reliable fashion toward an efficient, effective, appealing, engaging and inspiring acquisition of knowledge.

(b) The Contractor shall utilize industry standards and best practices to plan, analyze, design, develop, implement, evaluate, and maintain training provided through this contract.

(c) The Contractor shall investigate and evaluate innovative or emerging instructional methods and technologies for their effectiveness and potential to support USPTO customer instructional needs. The Contractor shall identify and recommend changes to services for Government approval via email with any supporting attachments to the Contracting Officer’s Representative (COR), and CO. The Government will have thirty (30) days to approve and/or reject the suggestion. No changes shall be implemented without prior Government approval.

(d) All instructional materials submitted by the Contractor shall be 508 compliant and adhere to the “USPTO Visual Brand Identity Guide”, the “USPTO Writing Style Guide” or other formatting requirements available on the USPTO Intranet. These guides are USPTO proprietary documents and shall be made available to the Contractor after award.

4.1.2 Deliver Training ATS

Form # USPTO-OP-022 (08/2020) Page 4 of 64

(a) The Contractor shall deliver professional training that is consistent with industry standards to support professional development to USPTO patent examiners. The training shall be conducted by a variety of means including virtual classrooms, in-person training, one-on-one training and based on the training objectives and needs of the students.

(b) To ensure continuity in training, the Contractor shall provide training to its Contractor staff on USPTO’s custom software/hardware systems so that it is completed within four (4) months following the person’s first day of hire. Prior to conducting their first official training class, the instructor shall conduct a mock full class observed by the Contractor and Government Point of Contact (POC).

(c) The Contractor shall provide ongoing training to its staff on any changes to products or processes within the scope of this effort. Furthermore, the Contractor shall devise a training schedule for its staff that shall not interfere with the delivery of instructional or other services as required by this PWS.

4.1.3 4.1.3. ITRP Assists ATS

(a) The Contractor shall provide in-person consultation/assistance and a virtual help desk via a collaboration tool chatroom (Ask.An.ITRP Chatroom), and operate a physical telephone hotline (ITRP Hotline). The ITRP Hotline and chatroom allow any USPTO employee who utilizes “collaboration” tools to connect immediately with an ITRP via audio, video and electronic communication methods to obtain assistance. As such, the chatroom and hotline must be sufficiently staffed to assist customer helpdesk requests, especially in times of system outages and software deployments affecting Patents staff productivity. The Contractor shall provide helpdesk support that can support all requests from each of the nine (9) Technology Centers (TC’s). Please refer to Attachment 4, Historical Volumes of Training Areas, to reference historical training hours and assists.

(b) The Contractor shall provide instruction, assistance and on-the-spot consultation on:

technology-related questions concerning the customer’s workstations and resources and systems used by the customer; effectively using the functionality of proprietary USPTO automation tools; new software programs and/or newly developed or implemented systems;

training assistance with using equipment and software required for virtual collaboration in the agency’s telework programs; using commercially obtained software products (MS or other vendors) and other similar commercial-off-the-shelf (COTS) products; and search strategy development on internal search systems for the purpose of retrieving relevant references/citations for examining patent applications. The Contractor shall support the Examining Corps staff from each TC and shall have subject matter expertise in a variety of engineering areas.

4.1.4 Training Support and Administration ATS

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(a) The Contractor shall provide instructional and administrative support. This includes support in planning, scheduling, and conducting training: virtual and in-person checking classroom set-up; ensuring proper facilities and equipment are available, ensuring the set-up or storage of training aids; preparation of class exercises and evaluations; creating and distributing copies of instructional materials, and preparing and distributing program announcements. When scheduling classes, the Contractor support staff and program manager shall ensure (or recommend to the Government) appropriate classes are consolidated to maximize the utilization of instructional time and USPTO staff.

(b) The Contractor shall maintain and update four (4) existing MS Access databases accessible through multiple custom GUIs (Graphical User Interfaces) which record all instructional activities including, but not limited to: numbers of classes, class duration, attendance, training schedules (including primary/back-up instructors, location, date/time, completed or future and other training logistics), number of support assists, type of training/assists provided, topics, time spent (days/hours/minutes), method of delivery, audience (TC, Business Unit, etc.) and inputting feedback data. The Government must also have access to the raw data and custom reports when requested. The records must be maintained on USPTO available software and cannot be exported outside of USPTO servers.

(c) The Contractor shall maintain and update an existing MS Access database (ITRP Knowledge Base, also known as ITRP Supplied Assist and Answers Collection (ISAAC)) comprised of vetted informational articles to help ITRPs with commonly asked questions or directions on common software assists. The Government must also have access to the raw data and custom reports when requested. The records must be maintained on USPTO available software and cannot be exported outside of USPTO servers.

(c) The Contractor shall utilize the USPTO Learning Management System (LMS) for the administration and registration requirements of individual instructional events and sessions as required by patent management. Closeout of classes to track attendance, and limited reporting to meet registration requirements for instructional events is required. Relevant data from the LMS will also be reflected in the appropriate ITRP databases to ensure all training information is captured.

4.1.5 Evaluate Training ATS

(a) The Contractor shall implement an evaluation program utilizing survey data and feedback to measure the value, quality, effectiveness, and the efficacy of the training delivered. The evaluation program shall provide non-biased rating results that support action plans for change and improvement when needed. The criteria shall be constructed so that the responses are actionable and shall inform future training approaches, training design and delivery improvement, as well as overall training plan implementation strategy, instructor accountability and student engagement.

Form # USPTO-OP-022 (08/2020) Page 6 of 64

(b) The Contractor shall continually evaluate its instructors, materials and instructional processes for each training delivery method and each phase of the training lifecycle. Examples of measurement instruments that are supported at the USPTO are surveys, training materials reviews and observation of instructional performance.

(c) The Contractor shall ensure that the training evaluation questions defined in the measurement instruments are designed to provide valuable feedback that can be translated and incorporated into instructional improvements. The Contractor shall leverage existing USPTO’s feedback mechanisms or recommend and implement additional other feedback mechanism upon approval by the Government. The Contractor shall maintain and monitor feedback mechanisms, classroom evaluations, electronic feedback mailboxes, feedback from USPTO organizations, and respond to queries and comments within the Contractor’s area of expertise, forward other queries and comments to the appropriate USPTO staff for response, track responses that are outstanding as well as responses that have been provided for all queries. The Contractor shall assess the effectiveness of feedback mechanisms, make recommendations to improve or enhance these mechanisms, and implement approved changes or enhancements.

4.2 Labor Categories ATS

(a) The Contractor shall determine the appropriate amount of Contractor personnel to successfully deliver all training and instructional support to the USPTO. A designated program manager shall be assigned to direct all Contractor personnel. Definitions for all labor categories are provided via Attachment 2, Labor Categories. The Contractor may propose alternative labor categories as long as they meet or exceed the criteria set forth in the PWS. Suggested labor categories are as follows:

i. Program Manager

ii. Instructional Designer

iii. Instructor/Trainer I

iv. Instructor/Trainer II

v. Instructor/Trainer III

vi. Admin. Support Database Administrator

vii. Admin. Support Workflow Coordinator

4.3 Content and eLearning Services DMS

(a) The Contractor shall provide services for the development of CBTs, WBTs (web based training), eLearning courses and videos to support the dissemination of information to support agency instructional requirements. This shall include assisting the Government Subject Matter Expert (SME) with the script writing and review process before content is provided for development. This shall include reviewing PowerPoint presentations and storyboards, providing audio/voiceover services, working with content specialists to do screen/motion captures, development of visuals or graphics to enhance instructional delivery, quality review of products

Form # USPTO-OP-022 (08/2020) Page 7 of 64 before delivery to the Government and overall project management to ensure quality products are delivered within government determined timelines. All content shall be section 508 compliant.

(b) The Contractor shall provide and develop asynchronous learning content for the rapid development of eLearning products such as CBT courses, WBT courses, games, quizzes, knowledge checks and other trackable assets (instructional devices to enhance learner experience) to support various USPTO training curricula and learning objectives.

(c) The Contractor shall develop an interactive eLearning asset content library and, if needed, a range of 508 compliant online and print instructional materials (instructor/participant guides, manuals, job aids, quick reference guides, and other miscellaneous documentation) for various training efforts using rapid eLearning authoring tools such as Adobe Creative Cloud, Adobe Premier Pro, Adobe Captivate, Articulate Storyline 360, - Rise 360, Photoshop, SnagIt, Adobe Audition, -MS Office, Camtasia and Adobe Acrobat or comparable tools. All assets must be available in a 508 compliant format so that they can be used in digital multimedia formats, using software available on USPTO desktops and systems.

(d) The Contractor shall use USPTO provided software (see above) to produce interactive modules, gamified courses, quizzes, storyboards, and other learning products to be hosted on USPTO selected Learning Management system and/or other sites in a 508 compliant format.

(e) The Contractor shall perform the following tasks related to the development of DMS content.

This shall include the development of storyboards and other planning materials associated with online course development including the assurance of the instructional integrity through systematic design and clear writing of scripts, narratives, and storyboards; program complex branching scenarios, interactions, immersive, and gamified courses; create and manipulate raster-based and vector-based graphic images such as Adobe Photoshop, Adobe Illustrator and other similar software; edit photos, vector images, and videos as needed; and develop 3D images and immersive environments.

(f) Contractor developed materials shall adhere to visual design principles, multimedia learning principles, and user experience design best practices following style guidelines and processes to ensure consistency in the design, development, and delivery of technical training. All instructional materials submitted by the Contractor shall adhere to the “USPTO Visual Brand Identity Guide”, the “USPTO Writing Style Guide” or other formatting requirements available on the USPTO Intranet. These guides are USPTO proprietary documents and shall be made available to the Contractor after award. All instructional materials shall be Section 508 compliant.

(g)The Contractor shall participate in curricula development with stakeholders/Government SMEs for multi-disciplinary teams including researching and recommending alternative methods and approaches that help make eLearning engaging, interactive and immersive.

Form # USPTO-OP-022 (08/2020) Page 8 of 64

(h) The Contractor shall conduct quality checks on all completed products before delivery including the review of scripts or the notes section in storyboards/PowerPoint files for accuracy.

(i) The Contractor shall inventory and perform file management of all project files and content developed for DMS in the appropriate electronic locations as directed by the Government.

4.4 Labor Categories DMS

(a) The Contractor shall determine the appropriate amount of Contractor personnel to successfully deliver all training and instructional support to the USPTO. Hours for the program management and administrative assistant should be minimal compared to those required to administer the requirements for ATS. A portion of time for program management and administrative support should be billed to the DMS CLIN accordingly. Definitions for all labor categories are provided via Attachment 2, Labor Categories. The Contractor may propose alternative labor categories as long as they meet or exceed the criteria set forth in the PWS.

Suggested Labor categories are as follows:

i. Program Manager

ii. eLearning Instructional Designer

iii. Computer Based Training Developer

iv. Graphic Designer Image Creation

v. Digital Designer - 3D Modeling High Resolution Design and Simulation

vi. Admin. Support Database Administrator

4.5 Transition-in

(a) The Contractor shall develop and implement the detailed transition strategies and processes needed to enable an efficient transfer of Government furnished equipment (GFE) assets, products and services from the incumbent service provider to the level of service required under this contract without disruption to ongoing contract support levels.

(b) The Contractor shall develop and implement detailed transition strategies and processes needed to maintain continuity of operations and quality of service during the transition-in period.

(c) The Contractor shall implement and manage the activities necessary to transition service from the existing service provider(s) with no breaks in current service levels and no delays in support for new and ongoing projects. This includes the updating and maintenance of the five

(5) ITRP databases and related GUIs to facilitate sharing ITRP knowledge and existing class data, especially schedules for upcoming classes.

(d) The Contractor shall deliver a transition plan which must include the schedule and milestones that indicate how the Contractor plans to migrate all existing services and GFE from the current

Form # USPTO-OP-022 (08/2020) Page 9 of 64 provider(s), add new services, while minimizing operational and project impacts. The Transition Plan shall include project start up and staffing ramp up approach, a mobilization schedule, and a schedule of critical events and milestones that are to commence upon award. The Transition Plan shall include the plans for migrating assets, data, and services. The Contractor shall incorporate termination dates of existing Contractor performance periods and USPTO planned major project dates. For planning purposes, the overall transition period shall not exceed 60 calendar days after contract award. Transition of operational capabilities is to be completed within 60 calendar days and is included in the base period of performance.

(e) The Contractor shall provide the ability to recruit, assign, and manage the staff and resources in a quick and efficient manner to meet the transition requirements, schedule, and milestones.

(f) The Contractor shall ensure that all necessary personnel actions, appropriate training (including any required certifications), and domain knowledge transfer are accomplished in accordance with the accepted Transition Plan. The Contractor shall also address non-personnel considerations, such as materials and supplies, equipment, facilities, sub-contracts, leases, environmental issues, safety and security, etc. in the implementation of the Transition Plan.

(g) The Contractor shall identify an implementation strategy and perform critical tasks needed to obtain employee security clearances in the most expeditious manner possible during the transition period.

4.6 Transition-Out

(a) The Contractor shall develop a Transition-Out Plan that describes a transition out strategy, and identifies transition data and information, software, equipment, systems, components, documentation, functionality, services, service dependencies, services interfaces, risks, transition work activities, schedule, staffing down approach, knowledge transfer, and any other information that needs to be considered to ensure a smooth transition. The Transition-Out shall be completed within 60 calendar days prior to the final day of the final exercised optional period of performance.

(b) The Contractor shall deliver the Transition-Out Plan within 20 business days from the USPTO request.

(c) The Contractor shall provide inventory of all operational, engineering, procedural, educational, and any other documentation and presentations produced as part of delivering services upon USPTO request.

(d) The Contractor shall continue to fulfill the current contractual requirement(s) and continue all current work in progress until the successor Contractor assumes full operational responsibility.

This includes the updating and maintenance of the five (5) ITRP databases and related GUIs to facilitate sharing ITRP knowledge and existing class data, especially schedules for upcoming

Form # USPTO-OP-022 (08/2020) Page 10 of 64 classes. The Contractor shall not destroy, delete, or otherwise dispose of any files or data upon expiration or termination of the contract, without prior permission from the COR.

(e) The Contractor shall permit the successor Contractor (and the successor Contractor’s employees) to observe and become familiar with any and all operations specified in this contract for a minimum of 30 calendar days, or for a COR specified timeframe, prior to the expiration or termination of the existing contract.

(f) The Contractor shall fully cooperate with the successor Contractor and the Government during transition out so as not to interfere with their work or duties.

(g) The Contractor shall fully support all USPTO requests for information and data required to ensure a seamless transition of services to a new Contractor.

(h) The Contractor shall deliver to the USPTO electronic copies of all USPTO data and information stored in Contractor’s systems in the format requested by the USPTO within 30 business days from the USPTO request.

5. Administrative Requirements

(a) The Contractor shall provide an original of all deliverables and correspondence to the COR identified in the contract on the designated due date of each deliverable. See Attachment 5, Reporting and Deliverables Requirements. Electronic requested deliverables shall be in current USPTO MS Office compatible formats with appropriate, non-proprietary markings.

(b) The Contractor shall attend a kick-off meeting with the Contracting Officer (CO), Contracting Officer Representative (COR), no later than (NLT) five (5) business days after date of award. The purpose of the kick-off meeting is to discuss technical and task area objectives of the contract.

(c) The Contractor shall notify the USPTO’s CO and COR immediately of all problems that impact or potentially impact the task area(s), deliverable(s), or project schedule. Such notifications shall be made verbally and followed-up by a written report detailing the issue(s) during normal work hours or at the beginning of the next USPTO workday. For each problem encountered, the written report should be submitted via email to the CO and a copy to the COR within 24 hours after the identification of the problem.

(d) The Contractor shall develop and deliver process/procedure guidelines or manuals for all tasks supported under this contract, regardless of the amount of Contractor support directly provided on handling the workloads within each task. Process/procedure guidelines or manuals documents shall be updated continuously to reflect changes, additions and deletions. The Contractor shall notify the COR of major changes to manuals or guidelines. Process/procedure guidelines or manuals documents shall be posted to a shared drive accessible by the COR at any

Form # USPTO-OP-022 (08/2020) Page 11 of 64 time, or in the absence of shared drive access, these documents shall be submitted to the COR semi-annually in electronic format.

6. Deliverables

(a) Documentation, reports, and deliverables shall be provided to the COR, Alternate Contracting Officer Representative (ACOR) and other government designees to include the ones listed below and documented within Attachment 5, Reporting and Deliverables Requirements. On a case-by-case basis, reports shall not be counted as late when the COR provides advance approval for later report submission.

(a) The Contractor shall provide a Kick-Off meeting no later than five (5) business days after award. The purpose of the Kick- off meeting is to identify Point of Contact(s) (POCs) for the Contractor and USPTO; define roles and responsibilities; introduce or reiterate capabilities and functionality of the proposed solution; and for the government to provide feedback regarding challenges to the Contractor. The Contractor shall appoint a Program Manager for the USPTO and notify the COR and CO within one (1) day of award.

Description Delivery Format Delivery Date Appoint Program

Manager Via e-mail to COR, ACOR and POC NLT One (1) day after award

Kick-off Meeting Virtual remote meeting with CO/COR MS Teams

NLT five (5) business days after award

Meeting Agenda Electronic (via email) to COR One day prior to the meeting Meeting Minutes Electronic (via email) to the COR NLT three (3) business days after the meeting Quality Control

Plan Electronic (via email) to CO/COR Within two (2) weeks of Kick-off Meeting Service Level

Agreement Report

(SLAR)

Electronic (via email) to CO/COR Monthly

Monthly Completed

Training Report

Electronic (via email) to COR NLT five (5) business days in the current month for the previous month Quarterly Status Reports (QSRs)

Electronic (via email) to COR Quarterly

Training Reports Phone, E-mail, Online, in-person As requested Weekly Status

Report Via e-mail to COR Friday of each week.

All other Reporting per Attachment 5

Electronic (via email) to COR As documented

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7. Inspection and Acceptance

All deliverables will be inspected, reviewed and accepted by the COR within fifteen (15) business days of receipt. For Section 4), the final deliverables shall be sampled for each month.

(b) If found unacceptable, the Government will notify the Contractor in writing or by email of the non-acceptance accompanied by a detail explanation of non-acceptance of deliverable. The Contractor shall have ten (10) business days to correct or arrive at an acceptable solution with the COR. Deliverable’s format shall be agreed upon between the COR and the Contractor.

(c) Acceptance of all deliverables shall be provided in writing by the COR.

8. 1352.246-70 Place of Acceptance

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

The United States Patent and Trademark Office, Headquarters Alexandria, VA campus located at 600 Dulany Street, Alexandria, Virginia 22314.

The Alexandria office requires at least two ITRP’s to be physically onsite to provide in person support daily. If there are on-campus classes or new examiner academies, additional ITRPs may be required onsite to support these efforts. DMS requires a Contractor to be physically onsite on an as-needed basis to provide multimedia support. The Contractor shall provide the same level of virtual support at regional offices equivalent to the level of support at headquarters.

Alternate or telework. All Contractors shall adhere to USPTO’s cybersecurity and telework requirement to work remotely.

(End of Clause)

9. 1352.270-70 Period of Performance

(a) The base period of performance of this contract is from May 16, 2025 through May 15, 2026.

If an option is exercised, the period of performance shall be extended through the end of that option period.

(b) The option periods that may be exercised are as follows:

Option Period 1: May 16, 2026 – May 15, 2027 Option Period 2: May 16, 2027 – May 15, 2028

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Option Period 3: May 16, 2028 – May 15, 2029 Option Period 4: May 16, 2029 – May 15, 2030 52.217-8: May 16, 2030 – November 15, 2030

10. Operating Hours and Government Closures

For Task Area 1 ATS, the Contractor shall provide the required services during regular operating hours (Monday - Friday) from 8:00 a.m. to 8:00 p.m. Eastern Time (ET) to ensure Regional Office coverage unless otherwise specified within the individual task areas. In addition, because there is a requirement to provide instructional and training support to headquarters and, at a minimum, virtual support for the four Regional Offices located Dallas, Denver, Detroit and San Jose, Contractor staff shall be available on a regional basis (for example, Inauguration Day where headquarters may be closed, but the Regional Offices may be open or regional inclement weather). Contractors at HQ shall be required to provide virtual support to USPTO employees located throughout the United States and Puerto Rico.

For Task Area 2 DMS, the Contractor shall provide the required services during DMS regular operating hours (Monday-Friday) from 8:00 a.m. to 6:00 p.m. Eastern Time (ET).

(a) The following legal holidays are observed by the USPTO:

New Year’s Day January 1 Martin Luther King, Jr’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25 Inauguration Day As Applicable every 4th year

* Any other day designed by Federal Statue, Executive Order or Presidential Proclamation.

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

(b) The USPTO will comply with the aforementioned Government holidays, as well as any other day designated by Federal Statute, Executive Order, or Presidential proclamation. Therefore, it is possible that Government offices may be closed to the Contractor's staff on the day(s) these holidays are observed. In addition, work may be required of the Contractor when Federal employees in the DC metropolitan area are released from work early due to inclement weather conditions or when Federal offices are closed due to inclement weather conditions. It is recognized that not all USPTO regional offices are subject to the same weather conditions as

Form # USPTO-OP-022 (08/2020) Page 14 of 64 those in the District of Columbia (DC) metropolitan area and vice versa. Therefore, support for offices not affected by local inclement weather conditions or local holidays must be supported virtually by Contractors. The COR will notify the Contractor when early release of Federal employees has been authorized.

Exceptions include federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings.

Normal business hours may be adjusted to support after hours and weekend work.

11. Performance Metrics

The Contractor shall maintain a Quality Control Plan (QCP) to ensure that the deliverables meet the quality requirements set forth in this contract. A Quality Control Plan (QCP) is the documentation of the Contractor’s process for delivering the level of quality required by the contract. This document is intended to provide guidance to Contractors as to what is expected from the QCP, and what the criteria for accepting and using the requirements for these plans shall be. The QCP is the Contractor’s framework for documenting its process for managing and delivering quality work products to the government. The QCP defines the contactor’s planned approach to successfully achieve the expected results or outcome as outlined in Section 4. The QCP outlines how those results shall be achieved. The QCP shall include a copy of the proposed monthly Service Level Agreement Report (SLAR). The Quality Control Plan shall be incorporated into the resulting contract award for performance. The QCP may be modified during the contract life as deemed necessary. The Contractor's work shall be reviewed and inspected by the COR to ensure quality standards are adhered to. The COR has the authority to grant final approval, acceptance or rejection, in accordance with the government’s quality assurance surveillance plan (QASP).

12. Quality Assurance Surveillance Plan (QASP)

The Contractor's work shall be reviewed and inspected by the Government in accordance with Attachment 6, Quality Assurance Surveillance Plan (QASP).

13. Government Furnished Equipment, Information or Property (GFE/GFI/GFP)

(a) The USPTO will provide GFE in accordance with Attachment 7, Government Furnished Equipment and Software Access, to access the USPTO network and the appropriate automation software related tools to perform the requirements.

(b) The USPTO will additionally provide access to all software, databases and search resources needed to perform the requirements. The USPTO provided automation software is subject to change and the Government shall provide notification at least thirty (30) calendar days in

Form # USPTO-OP-022 (08/2020) Page 15 of 64 advance of any change. The USPTO shall not hold any non-compliance errors for any deficiency found until thirty (30) business days after the notification of the new database.

Any GFE or GFP distributed under the contract shall be itemized and accounted for. If the list is extensive, this section should identify where that list is located, or it may be affixed as an attachment. Before offering to provide any property, make sure that it will be available when required, where required, and in the condition required by the contract. Failure to meet GFE/GFI/GFP requirements often lead to a contractor claim for an equitable adjustment to contract price, delivery or other requirements.

The Contractor shall maintain an inventory accounting system for Government Furnished Equipment (GFE), Government Furnished Software (GFS), and other Government Furnished Tools. The Contractor provides the COR with the information necessary to manage GFE under this task order. All Government Property must be maintained per FAR 52.245-5.

The Contractor must return such property in the condition in which it was received, except for reasonable wear and tear and except to the extent that such property has been incorporated in material delivered under this order or has been consumed in normal performance of this order.

Subcontractors must comply with the provisions of FAR Part 45.

Access to USPTO’s required systems, applications, databases and data files from a central location at the USPTO to be given after contract award.

Access to appropriate USPTO personnel and program documentation as required.

All Government furnished property and equipment (GFP/GFE) must be listed on the Asset Information tracking log by the Contractor, maintained and submitted with Monthly Status Report.

All GFP/GFE must be returned to the USPTO COR upon employee separation from the Government and as instructed in writing 15 days prior to completion of the TO Period of Performance.

14. Key Personnel

(a) The Contractor shall provide resumes for the Key personnel noted below and the staffing plan for all proposed staff with quantities and proposed hours of all labor rates.

Program Manager

(b) The Program Manager shall have demonstrated the ability lead a program similar in size and complexity as the ITRP Instructional Training and Support Services. The minimum qualifications for this position are:

Form # USPTO-OP-022 (08/2020) Page 16 of 64

(1) Five (5) years or more demonstrated program/project and personnel management skills in coordination and completion of large projects in a business or technical management related area. The Program Manager shall have experience in planning, setting deadlines, assigning responsibilities, leading and directing the work to others, and monitoring project completion, as well as allocating people and resource where necessary.

(2) Five (5) years or more in a government contracting environment.

(3) Bachelor Degree within a relevant field of study to manage tasks presented, such as Project Management, Business Administration, Instructional Design. Project Management certification is preferred (such as Project Management Professional (PMP) or similar), but not required.

(c) The Contractor shall not replace key personnel without prior written consent from the CO.

Before replacing any individual designated as Key by the Government, the Contractor shall notify the CO no later than fifteen (15) business days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the key personnel being replaced.

(d) If at any time during the performance of this contract the Program Manager shall be out of office for longer than one (1) week, the Contractor shall provide a designated alternate for the Program Manager, or as a no cost alternative provide at a minimum a written plan, subject to COR and CO approval, as to how the Contractor plans to address and respond to any issues arising in the absence of the Program Manager so as to ensure minimal delays in implementing any corrective action. The Program Manager or his/her alternate shall be responsive to the COR or the COR’s alternate when the COR is out of the office.

(e) The Program Manager shall periodically monitor daily throughput of the Contractor’s work and shall notify the COR of problems and concerns as soon as practical but no later than 24 business hours. The Program Manager shall provide program management and project management to all Contractor personnel and all Contractor functions provided for in this contract and must possess in-depth knowledge of day-to-day operations, contract requirements and workflow processes. The Program Manager shall be responsible for all aspects of the work performed by the Contractor staff. The Program Manager shall ensure the smooth functioning of the services required under the contract which includes planning, executing, and controlling projects as indicated within this requirement.

(f) The Program Manager shall be the primary point of contact for the COR and Government Designate and shall be available during normal business hours (8:00 a.m. - 5:00 p.m., Eastern Time) and shall respond to all government inquiries as soon as practical but no later than 24 business hours. The Program Manager designee shall chair and/or facilitate project status

Form # USPTO-OP-022 (08/2020) Page 17 of 64 meetings typically weekly or chair other meetings required with the COR and POCs; tracking and reporting on task progress and processes; documenting meeting; tracking action items and task assignments, etc.

(g) The Program Manager shall ensure timely submission of all required reports and report changes(s) to the Contractor’s staff to the COR.

(h) The Program Manager is identified as “Key Personnel” in the contract. The project Management staff shall ensure the smooth functioning of the services required under the contract. The Program Manager staff shall work closely with the COR and/or Government Designate to address operational issues, challenges and to implement new processes and procedures.

All contractor personnel attending meetings, answering government telephones and working in situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are government officials. They shall also ensure that all documents or reports produced are suitably marked as contactor products or that contractor participation is appropriately disclosed.

15. Training

The government may provide the contractor with appropriate training as directed by the government and for government-unique systems. The contractor is responsible for and shall ensure staff are properly trained and hold the appropriate credentials as required for the services being performed.

16. Travel

Any related travel costs for this requirement shall be at no additional cost to the government.

II. Solicitation Clauses

1. FAR Clauses Incorporated by Reference

52.203-3 – GRATUITIES (APR 1984)

52.204-7 – SYSTEM FOR AWARD MANAGEMENT (NOV 2024)

52.204-13 – SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-16 – COMMERCIAL AND GOVERNMENT ENTITIY CODE REPORTING (AUG 2020)

(PROVISION)

52.204-18 – COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

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52.204-24 – REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) (PROVISION)

52.212-4 – CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES--ALTERNATE I (NOV 2021)

52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

(DEVIATION FEB 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

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_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

_X_ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).

_X__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204-30.

_X_ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) ( 31 U.S.C. 6101 note).

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__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the Submitter elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved]

_X_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

_X_ (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (JAN 2025) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

_X_ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

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__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25)…