Intent to Sole Source: Arbitrator Services
Closed Special Notice Posted
- Solicitation number
- ACQ-26-0859
- Agency
-
Department of Commerce
- Responses due
- Set-aside
- No set-aside
Opportunity facts
- NAICS code
- 541199 All Other Legal Services
- PSC
- R499 Support- Professional: Other
- Place of performance
- Alexandria, Virginia 22314, United States
- Points of contact
Notice details come from SAM.gov. Updated .
About this opportunity
The United States Patent and Trademark Office (USPTO), a civilian agency under the Department of Commerce, issued a Notice of Intent to Sole Source for Arbitrator Services on March 9, 2026. This special notice announces the agency's intention to award a Purchase Order for arbitration services under NAICS Code 541199 (All Other Legal Services) to Frederick Ward Associates, Incorporated, located in Bel Air, Maryland. The USPTO is exercising its exemption from the Competition in Contracting Act (CICA) pursuant to the Patent and Trademark Office Efficiency Act and the Alternative Competition Method outlined in the Patent and Trademark Office Acquisition Guidelines. The anticipated award date is no later than April 23, 2026, with a due date for comments or protests of March 19, 2026. The rationale for sole-source procurement centers on Mr. Ward's unique qualifications and his prior agreement by all parties to the dispute, making continuity and process integrity essential to the arbitration proceedings.
The purpose of this procurement is to retain arbitration services for resolving labor relations disputes under the NTEU 245 Collective Bargaining Agreement, specifically addressing an institutional grievance concerning the USPTO's implementation of telework policies under the Telework Enhancement Act of 2010. The contract will be for approximately twelve months with four optional twelve-month extensions, with the estimated arbitration hearing scheduled for June 16, 2026. The Statement of Work details specific deliverables including case review, complaint analysis, decision writing, attendance at hearing arguments, and pre-arbitration decisions, with the initial contract value of $12,800 (split equally between the USPTO and the grievant union). The USPTO cites Federal Acquisition Regulation (FAR) 6.302-3(b)(3)(ii), which permits procurement of neutral persons such as arbitrators for alternative dispute resolution processes without full and open competition. No set-aside restrictions apply to this procurement, and no other contractors may participate given the sole-source justification based on continuity and the arbitrator's established role in the ongoing dispute resolution process.
Notice text
NOTICE OF INTENT TO SOLE SOURCE
Notice Number/Title: USPTO- ACQ-26-0859- Arbitrator Services
NAICS: 541199
PSC: R499
The Office of General Law (OGL) provides general litigation and advisory services on matters concerning the administration and management of the USPTO.
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://federal register.gov/a/2013-24316.
The USPTO intends to negotiate and award a Purchase Order for Arbitration Services under NAICS Code 541199 – All Other Legal Services to Frederick Ward Associates, Incorporated (UEI: VQMBH2D77LJ8) 5 S Main Street, Bel Air, MD 21014, with an expected period of performance to begin on the date the order is issued and continue for a period of approximately twelve months (12), with four (4) twelve month options. The anticipated award date is no later than April 23, 2026.
For this instance, Mr. Ward is the only known qualified source since he has already been agreed to by all parties. Accordingly, for reasons of continuity, efficiency, and fairness to the parties, it is essential that this arbitrator be retained to complete his services. Substitution at this stage would not only risk inconsistency and duplication of effort, but would also undermine the integrity of the process. It is the best interest of the Government and consistent with USPTO’s statutory authority to proceed with this arbitrator through the conclusion of this case. Moreover, FAR 6.302-3(b)(3)(ii) specifically allows for the use of other than full and open competition to procure, “A neutral person, e.g., mediators or arbitrators, to facilitate the resolution of issues in an alternative dispute resolution process.”
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 point of contact or alternate point of contact no later than 5:00pm EDT on March 19, 2026. NO PHONE CALLS PLEASE.
Points of Contact: Joy Pitts, Contracting Officer, joy.pitts@uspto.gov
Alternate Point of Contact: Emalee Gawrelski, Contracting Officer, emalee.gawrelski@uspto.gov
Files
| File | Type | Posted |
|---|---|---|
| Statement of Work (SOW) Frederick Ward.pdf |
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