Enforcement Program Professional Support Services

In today’s interconnected world, the enforcement of IP rights and consumer protection has become increasingly complex. Recognizing this, the USPTO has identified a need for the specialized expertise that State Attorneys General can offer in training and engaging with both domestic and international government officials on these critical issues. State Attorneys General possess unique and specialized knowledge in enforcing both federal and state laws that protect IP rights. This expertise is important in a global economy where IP infringement can have significant, far-reaching consequences.

Moreover, State Attorneys General are increasingly interested in taking a more active role in IP enforcement at the state and local levels. This involves leveraging both federal and state legal frameworks to tackle challenges like counterfeiting and consumer fraud related to IP. Their participation not only strengthens the enforcement of IP rights but also enhances consumer protection by ensuring that counterfeit and illicit goods are removed from the market, thereby safeguarding consumers, particularly in areas that impact health and safety.

Given this, the USPTO has concluded that the participation of State Attorneys General in its enforcement efforts is essential. However, this involvement requires the support, expertise, and coordination of a professional association that represents the Attorneys General and facilitates their engagement.

AGA’s international focus closely aligns with the USPTO’s interests and mission.

AGA is a recognized organization representing State Attorneys General and regularly conducts training and educational activities in which the USPTO can participate. Additionally, AGA provides efficient systems for conference, meeting, and seminar registration, as well as travel coordination for State Attorneys General, offering a robust framework for educational and informational collaboration.

AGA has the ability to provide comprehensive logistics support, specialized expertise, and coordinated efforts that support the USPTO mission. The vendor serves as a professional association that, among other roles, represents State Attorneys General and facilitates their active involvement in both domestic and international initiatives.

• Domestic and international IPR enforcement issues
• Training programs, technical assistance, and capacity building activities addressing civil criminal, border, and administrative enforcement of IPR
• The role of foreign courts in the disposition of civil and criminal IPR cases, IPR case management, alternative dispute resolution, and judicial mediation
• Public education and training on IPR enforcement issues
• Trade related policies

For this procurement, the USPTO is exempt from the Competition in Contracting Act (CICA) as 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). The full text is located here: https://federalregister.gov/a/2013-24316

We have identified Conference of Western Attorneys General/DBA Attorney General Alliance (AGA) as the only company capable of providing the required level of service and expertise necessary to meet all technical requirements for the support of OPIA.

To make this sole source determination and in accordance with PTAG 6.1.1, the USPTO conducted market research which included an extensive review of SAM.gov, GSA Advantage, as well as targeted web-searches, outreach to vendors and historical knowledge of previous awards.

As a result, the UPSTO intends to negotiate and award a firm-fixed price Purchase Order to Western Attorneys General/DBA Attorney General Alliance (AGA). The anticipated award date is October 14, 2024.

This requirement utilizes NAICS Code 813920 - Professional Organizations and has a period of performance that includes a one-year base period with four option years from date of award.

This notice of intent is not a request for competitive proposals nor will a solicitation be issued to the public. Any questions regarding this notice must be submitted in writing via email to the following points of contact (POC) no later than 1:00 PM EST on September 11, 2024.

POCs: Jennifer.Springer@uspto.gov, Contracting Officer and Emalee.Gawreski@uspto.gov, Contracting Officer

NO PHONE CALLS PLEASE

PTAG SYNOPSIS STATEMENT

The USPTO intends the subject requirement to be 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). The subsequent solicitation will not be posted on SAM.gov and instead sent directly to the vendor listed above.

DISCLAIMER

All information received in response to this Special Notice that is marked as proprietary will be handled accordingly. Responders are solely responsible for all expenses associated with responding to this special notice.