Wiley BNJ FINAL 10.10.25_Redacted.pdf

Form USPTO-OP-071.v4.0 (12/2024)

Our Mission: “The Office of Procurement is committed to serving as business partners and advisors to the

USPTO community to provide best value goods and services in support of the USPTO’s mission.”

BRAND NAME JUSTIFICATION (BNJ)

FAR 13.501

SECTION I. COMPLETED BY THE PROGRAM OFFICE

Program Office: Scientific and Technical Information Center

Program Office POC: Lesley Brown

Title of Procurement: Online Access to Wiley Content

Acquisition Package #: ACQ-26-0169

Estimated Value (including options) $5,473,797.24

Contracting Officer: Andrew Spinazzola Contracting Officer Phone: 571-270-7994 Vendor Name (if applicable): TBD Contract or Order # (if applicable): TBD

1. Description of the Action The USPTO intends to negotiate and award a new Firm Fixed Price contract to acquire online access to John Wiley and Sons, Inc.’s brand name subscription content. Performance will begin January 1, 2026, with a one-year base and four one-year option periods. If all options are exercised and the six-month extension under FAR 52.217-8 is used, the contract will end on June 30, 2031.

The Contract Line Item Numbers (CLINs) are as follows:

CLIN X001 – Wiley Content, Databases, and Instructional Training CLIN X002 – Journal Backfiles (Optional CLIN)

2. Description of the Supplies/Services The USPTO has an ongoing requirement to acquire unlimited online access to John Wiley and Sons, Inc.’s subscription content. This includes 134 full text journal, e-books, current protocols, reference works, backfiles, Cochrane Library, and other digital content, to include 12 required Patent Cooperation Treaty (PCT) titles, published by John Wiley and Sons across a wide range of subjects including medical, science, technology, and engineering. The contractor shall act as the serials agent for managing and executing orders for the new and renewal subscriptions to the selected non-patent literature. The Contractor shall also serve as the fiscal agent with John Wiley and Sons, including making timely prepayments, processing refunds, claims, supplemental and bill-later charges. Lastly, the USPTO requires that the Contractor provide usage statistics, training, technical support, knowledge-based updates, and other customer service functions necessary to ensure uninterrupted access to and execution of all deliverables.

The proposed periods of performance and estimated funding amounts are as follows:

Base Year: 1/1/26 - 12/31/26 $892,377.77 Option Year 1: 1/1/27 - 12/31/27 $936,996.65 Option Year 2: 1/1/28 - 12/31/28 $983,846.49 Option Year 3: 1/1/29 - 12/31/29 $1,033,038.81 Option Year 4: 1/1/30 - 12/31/30 $1,084,690.75 52.217-8: 1/1/31 - 6/30/31 $542,846.77

PROCUREMENT TOTAL: $5,473,797.24

United States Patent and Trademark Office Office of the Chief Financial Officer

I

Our Mission: “The Office of Procurement is committed to serving as business partners and advisors to the

USPTO community to provide best value goods and services in support of the USPTO’s mission.”

3. Unique Vendor Qualifications or Nature of the Acquisition John Wiley and Sons, Inc. is the exclusive publisher of all required journals, e-books, current protocols, reference works, backfiles, Cochrane Library, and other digital content. All 134 titles are frequently used by the patent examiners and some are being utilized multiple times per week. In 2024, the USPTO accessed over 67,000 full text documents from Wiley Online.

The United States is a party to the PCT and serves as both an International Searching Authority (ISA) and an International Preliminary Examining Authority (IPER) under the treaty. In order to fulfill its responsibilities under the PCT, access to the following 12 titles is required:

Angewandte Chemie International Edition Chemie Ingenieur Technik Chemistry & Industry ChemPlusChem Coloration Technology European Journal of Inorganic Chemistry European Journal of Organic Chemistry Journal of Applied Polymer Science Journal of Polymer Science Journal of the American Ceramic Society Phytotherapy Research Water Environment Research

Failure to provide the USPTO with access to these required titles will preclude the United States from meeting its treaty obligations.

Wiley journals offer authoritative, up-to-date technical content across a wide range of scientific disciplines. This content is directly relevant to numerous patent applications and supports patent examiners in understanding complex inventions. Access to peer-reviewed publications is critical for patent examiners to conduct thorough prior art searches and to assess whether patent applications meet the standards of novelty and non-obviousness.

4. Other Facts Supporting the Justification All facts have been documented in the sections above. There are no additional facts to be reported in this section.

5. Listing of sources that expressed interest in writing This requirement will be competed as brand name only pursuant to FAR 12.603(a) which allows for a combined synopsis/solicitation.

United States Patent and Trademark Office

Our Mission: “The Office of Procurement is committed to serving as business partners and advisors to the

USPTO community to provide best value goods and services in support of the USPTO’s mission.”

SECTION II. COLLABORATION BETWEEN THE PROGRAM OFFICE AND OP

6. Adjudicated Type of BNJ Brand Name Limiting Competition (competitive to all the vendors who can fulfill the brand name or limited to 2 or more vendors)

7. Statutory Authority

The procedures at FAR 13.5 are being used for this requirement in accordance with 41 U.S.C. 1901.

There’s a reasonable expectation that no other brand name can provide the required publications.

8. Efforts to solicit as many potential sources as possible

Due to the commerciality of the publications, a combined synopsis and solicitation will be posted to SAM.gov as a small business set aside to encourage competition among small business concerns acting as a reseller of the John Wiley and Sons material.

9. Market Research

Market research was conducted by the program office and the acquisition team to identify available sources and to evaluate the availability of the marketplace to meet the requirement. Based on the results of market research, the Government determined that at least two (2) small businesses can provide the required brand name publisher material as a reseller. See the Market Research Memorandum found in the contract file for additional details.

10. Actions to remove or overcome barriers to competition

The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements. The Government will seek competition of future acquisitions for these products.

SECTION III. COMPLETED BY OP

11. Determination by the Contracting Officer that estimated cost will be fair and reasonable.

The Contracting Officer will finalize a price reasonableness determination, appropriate to the contract type, prior to contract award. Detailed documentation and justification of price reasonableness will be provided in the Acquisition Form Documentation to be prepared upon completion of negotiations.

Our Mission: “The Office of Procurement is committed to serving as business partners and advisors to the

USPTO community to provide best value goods and services in support of the USPTO’s mission.”

SECTION IV. REVIEW AND APPROVAL

1. Technical Certification

By signature below, the Technical Representative certifies that the supporting data necessary to form the basis for this justification is accurate and complete to the best of their knowledge and belief. Furthermore, the Technical Representative certifies that the justification has been adjudicated by the Program Office and OP.

Technical Representative Digital Signature

2. Contracting Officer’s Certification

By signature below, the ordering activity Contracting Officer certifies that this justification is accurate and complete to the best of their knowledge and belief.

Contracting Officer’s Digital Signature

3. Office of General Law (OGL) Counsel (required for actions valued at >$2M) N/A

By signature below, the ordering activity OGL Counsel deems this justification legally sufficient.

Office of General Law Counsel’s Digital Signature

4. Level above Review (LAR) (see PM 2017-01 for definition) (required for actions at all dollar values except when LAR serves in another review/approval role) N/A

By signature below, the ordering activity LAR certifies that this justification is accurate and complete to the best of their knowledge and belief.

Level Above Review’s Digital Signature

Our Mission: “The Office of Procurement is committed to serving as business partners and advisors to the

USPTO community to provide best value goods and services in support of the USPTO’s mission.”

5. Competition Advocate Approval: Approval (required for actions valued at >$750,000 to <$15M) N/A

By signature below, the Competition Advocate certifies that they have reviewed this justification and has determined that sufficient facts exist to support the justification.

Competition Advocate Digital Signature

Section V. Attachments

Attachment 1 - Market Research Report dated 9/22/25