PTAG 6. 1. 1 Intent to Sole Source - Arbitration Services

Closed Special Notice Posted

Solicitation number
ACQ-25-1889
Agency
Responses due
Set-aside
No set-aside

Opportunity facts

NAICS code
541110 Offices of Lawyers
PSC
R418 Support- Professional: Legal
Place of performance
Alexandria, Virginia 22314, United States
Points of contact

Notice details come from SAM.gov. Updated .

About this opportunity

The US Patent and Trademark Office (USPTO) has issued a Special Notice announcing its intent to sole source arbitration services to Walter De Treux under NAICS code 541110 - Offices of Lawyers. This procurement falls under the Patent and Trademark Office Acquisition Guidelines (PTAG) and is exempt from the Competition in Contracting Act due to the USPTO's statutory authority under the Patent and Trademark Office Efficiency Act. The Office of General Law requires these services as part of a standing arbitration panel that was jointly selected by parties to hear grievances. The anticipated contract period is twelve months with an expected award date of September 8, 2025. The contractor is located at 901 North Penn Street, F1201, Philadelphia, PA 19123-1317.

The purpose of this sole source procurement is to retain continuity and integrity in an ongoing arbitration process where Mr. De Treux has already been agreed upon by all parties involved. The USPTO justifies this approach under FAR 6.302-3(b)(3)(ii), which permits other than full and open competition for neutral persons facilitating alternative dispute resolution processes. The notice specifies a due date of August 28, 2025, though this is not a request for competitive proposals and no public solicitation will be issued. Only Mr. De Treux is considered qualified for this specific requirement since substituting arbitrators at this stage would risk inconsistency and undermine the process integrity. The procurement represents the government's effort to maintain fairness and efficiency in dispute resolution while adhering to established arbitration procedures that both parties have already accepted.

Notice text

The Office of General Law (OGL) provides general litigation and advisory services on matters concerning the administration and management of the USPTO. The parties have jointly selected four arbitrators, including Mr. De Treux, to serve on a standing panel to hear grievances brought by the parties.

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.

The USPTO intends to negotiate and award a Purchase Order for Arbitration Services under NAICS Code 541110 - Offices of Lawyers to Walter De Treux, 901 North Penn Street, F1201, Philadelphia, PA 19123-1317 for an estimated period of performance comprised of twelve (12) months. The anticipated award date is September 8, 2025.

In this instance, Mr. De Treux is the only known qualified source since he has already been agreed to by both parties.  Accordingly, for reasons of continuity, efficiency, and fairness to the parties, it is essential that this arbitrator be retained to complete the matter.  Substitution at this stage would not only risk inconsistency and duplication of effort, but would also undermine the integrity of the process.  It is in 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 August 28, 2025. NO PHONE CALLS PLEASE.

Points of Contact: Jennifer Springer, Contracting Officer, Jennifer.Springer@uspto.gov

Alternate Point of Contact: Emalee Gawrelski, Contracting Officer, Emalee.Gawrelski@uspto.gov

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