**[TABLE OF CONTENTS]{.underline}**

[PAGE]{.underline}

[PART I -- THE SCHEDULE]{.underline}

SECTION B -- SUPPLIES OR SERVICES AND PRICES/COSTS

> B.1. Overview 4
>
> B.2. Pricing Arrangement 4
>
> B.3. Ceiling Price 4
>
> B.4. Schedules of Costs 4

SECTION C -- DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

> C.1. General Requirements/Specifications 7
>
> C.2. Introduction/Background 7
>
> C.3. Scope of Services 8
>
> C.4. Skills and Position Description 9

C.5. Unspecified Tasks or Unidentified Labor Categories 9

C.6. Description of Labor Categories 9

SECTION D -- PRESERVATION, PACKING, AND MARKING

> D.1. Preservation, Packing, and Marking 12

SECTION E -- INSPECTION AND ACCEPTANCE

> E.1. Notice Listing Contract Clauses Incorporated by Reference 13
>
> E.2. Inspection and Acceptance 13

SECTION F -- DELIVERIES OR PERFORMANCE

> F.1. Notice Listing Contract Clauses Incorporated by Reference 14
>
> F.2. Notice to the Government of Delays 14
>
> F.3. Delivery 14
>
> F.4. Place of Performance 14
>
> F.5. Deliverables and Submission Dates 14
>
> F.6. Identification of Contract Deliverables 15
>
> F.7. Place/Time of Delivery 15
>
> F.8. Meetings 15

SECTION G -- CONTRACT ADMINISTRATION DATA

> G.1. Contracting Officer's Technical Representative 16
>
> G.2. Contract Administration 16
>
> G.3. Payment Provisions from the FAR Applicable to this Contract 17
>
> G.4. Electronic Payment Information 17
>
> G.5. COTR Invoice Certification 18
>
> G.6. Invoice Follow-ups 18
>
> G.7. Government Furnished Equipment 18
>
> G.8. Designated Contract COTR 18

SECTION H -- SPECIAL CONTRACT REQUIREMENTS

> H.1. Contract Type 19
>
> H.2. Ordering 19
>
> H.3. Ordering Activity 19
>
> H.4. Ordering Procedures 19
>
> H.5. Task Order Performance 20
>
> H.6. Task Order Evaluation Reports 20
>
> H.7. Indemnification 20
>
> H.8. Prohibition against Soliciting and Performing Personal Services
> 21
>
> H.9. Access to Government Facilities 23
>
> H.10. Government Identification/Suitability Requirements for
> Contractor Employees 23
>
> H.11. Observance of Legal Holidays/Federal Non-Work Days 24
>
> H.12. Organizational Conflict of Interest 25
>
> H.13. Insurance Coverage 25
>
> H.14. Key Personnel 26
>
> H.15. Supervision of Contractor's Employee 26
>
> H.16. Working Files 26
>
> H.17. Duplication and Disclosure of Confidential Data 26
>
> H.18. Secrecy and Usage of Patent Information 27
>
> H.19. Government-Furnished Data 28
>
> H.20 Limitation of Future Contract Awards 28
>
> H.21. Duplication of Effort 28
>
> H.22. Advertising of Award 29
>
> H.23. Notice to the Government of Delays 29
>
> H.24. CAR 1352.239-73 Security Requirements For IT Resources 29
>
> H.25. CAR 1352.239-74 Security Processing Requirements 31
>
> H.26. Homeland Security Presidential Directive (HSPD-12) 32

[PART II -- CONTRACT CLAUSES]{.underline}

SECTION I -- CONTRACT CLAUSES

> I.1. FAR Clauses Incorporated by Reference 34
>
> I.2. 52.217 -- 8 Option to Extend Services 36
>
> I.3. 52.217 -- 9 Option to Extend the Term of the Contract 35
>
> I.4. 52.219 -- 17 Section 8 (a) Award 35
>
> I.5. PTO-07 -- Section 8(a) Direct Awards 36

[PART III -- LIST OF DOCUMENTS, EXHIBITS, AND OTHER
ATTACHMENTS]{.underline}

SECTION J -- LIST OF ATTACHMENTS

> J.1. No Attachments 38

[PART IV -- REPRESENTATIONS AND INSTRUCTIONS]{.underline}

SECTION K -- REPRESENTATIONS AND CERTIFICATIONS AND OTHER\
STATEMENTS OF OFFERORS

> K.1. Certification and Disclosure Regarding Payments 52.203-11 38
>
> K.2. Taxpayer Identification 52.204-3 38
>
> K.3. DUNS Number 52.204-6 39
>
> K.4. Annual Representations and Certifications 52.204-8 40
>
> K.5. Certifications Regarding Debarment 52.209-5 41
>
> K.6. Place of Performance 52.215-6 42
>
> K.7. Small Business Representations 52.219-1 42
>
> K.8. Previous Contracts and Compliance Reports 52.222-22 44
>
> K.9. Affirmative Action Compliance 52.222-25 44
>
> K.10. Representations of Limited Rights Data 52.227-15 44

SECTION L -- INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

> L.1. Description 46
>
> L.2. Submission of Proposals 46
>
> L.3. Offer 47
>
> L.4. Past Performance Information 47
>
> L.5. Résumés 47
>
> L.6. Submission Requirements 47
>
> L.7. Questions and Responses 48

SECTION M -- EVALUATION FACTORS FOR AWARD

> M.1. Evaluation 49
>
> M.2. Past Performance Information 49
>
> M.3. Résumés 50
>
> M.4. Pricing 50
>
> M.5. Trade-off Process and Contract Award 50
>
> M.6. Oral Presentations 50
>
> M.7. Award Without Discussions 50

**SECTION B -- SUPPLIES OR SERVICES AND COST/PRICING**

**B.1. [OVERVIEW]{.underline}**

The purpose of this contract is to complement the following United
States Patent and Trademark Office (USPTO), Office of Finance support
functions as stated in Section C of the Statement of Work:

1.  Auditing.

2.  Accounting.

3.  Financial Analysis.

4.  Any additional support functions as requested by the USPTO, Office
    of Finance.

**B.2. [PRICING ARRANGEMENT]{.underline}**

This is a Labor Hour type contract with fixed price labor rates.

**B.3. [CEILING PRICE]{.underline}**

The ceiling price for the contract will be determined at time of award.

**B.4. [SCHEDULES OF COSTS]{.underline}**

The following labor categories are required to support Government
operations of the U.S. Patent and Trademark Office. The figures in the
column below entitled "Total Est. Hours" represent the Government's best
estimate of the required level of effort. The Government may order more
or less hours in order to meet workload needs and/or stay within
budgetary constraints. The Government reserves the right to redistribute
quantities within the prescribed Contract Line Item Numbers (CLINs) for
the total contract period of performance.

**BASE YEAR -- LOT I POP: (December 1, 2006 through January 31,
2008*)***

+------+----------------------+-----+---------+----------+-----------+
| **   | **[SER               | *   | *       | **[FIXED | **[ESTIMA |
| [CLI | VICES]{.underline}** | *[U | *[TOTAL | PRICE    | TED]{.und |
| N]{. |                      | NIT | EST.    | D]{.unde | erline}** |
| unde |                      | OF  | QU      | rline}** |           |
| rlin |                      | IS  | ANTITY] |          | **[TO     |
| e}** |                      | SUE | {.under | *        | TAL]{.und |
|      |                      | ]{. | line}** | *[HOURLY | erline}** |
|      |                      | und |         | RAT      |           |
|      |                      | erl |         | E]{.unde |           |
|      |                      | ine |         | rline}** |           |
|      |                      | }** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
|      |                      |     |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **00 | **Engagement         | **H | **20**  | **\$**   | **\$**    |
| 01** | Partner**            | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **00 | **Program Manager    | **H | **130** | **\$**   | **\$**    |
| 02** | /Director**          | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **00 | **Senior Manager**   | **H | **0**   | **\$**   | **\$**    |
| 03** |                      | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **00 | **Accounting         | **H | **      | **\$**   | **\$**    |
| 04** | Manager**            | our | 2,250** |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **00 | **Sr.                | **H | **      | **\$**   | **\$**    |
| 05** | Accountant/Analyst** | our | 6,000** |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **00 | **Staff              | **H | **      | **\$**   | **\$**    |
| 06** | Accountant/Analyst** | our | 7,200** |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **00 | **Accounting         | **H | **0**   | **\$**   | **\$**    |
| 07** | Technician**         | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **00 | **Administrative     | **H | **0**   | **\$**   | **\$**    |
| 08** | Assistant**          | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **   |                      | **H | **1     |          | **\$**    |
| BASE |                      | our | 5,600** |          |           |
| YEAR |                      | s** |         |          |           |
| I -- |                      |     |         |          |           |
| LOT  |                      |     |         |          |           |
| I    |                      |     |         |          |           |
| TOTA |                      |     |         |          |           |
| L:** |                      |     |         |          |           |
+------+----------------------+-----+---------+----------+-----------+

**OPTION YEAR I -- LOT II POP: (February 1, 2008 through January 31,
2009)**

+------+----------------------+-----+---------+----------+-----------+
| **   | **[SER               | *   | *       | **[FIXED | **[ESTIMA |
| [CLI | VICES]{.underline}** | *[U | *[TOTAL | PRICE    | TED]{.und |
| N]{. |                      | NIT | EST.    | D]{.unde | erline}** |
| unde |                      | OF  | QU      | rline}** |           |
| rlin |                      | IS  | ANTITY] |          | **[TO     |
| e}** |                      | SUE | {.under | *        | TAL]{.und |
|      |                      | ]{. | line}** | *[HOURLY | erline}** |
|      |                      | und |         | RAT      |           |
|      |                      | erl |         | E]{.unde |           |
|      |                      | ine |         | rline}** |           |
|      |                      | }** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
|      |                      |     |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **10 | **Engagement         | **H | **20**  | **\$**   | **\$**    |
| 01** | Partner**            | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **10 | **Program Manager    | **H | **130** | **\$**   | **\$**    |
| 02** | /Director**          | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **10 | **Senior Manager**   | **H | **0**   | **\$**   | **\$**    |
| 03** |                      | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **10 | **Accounting         | **H | **      | **\$**   | **\$**    |
| 04** | Manager**            | our | 2,250** |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **10 | **Sr.                | **H | **      | **\$**   | **\$**    |
| 05** | Accountant/Analyst** | our | 6,000** |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **10 | **Staff              | **H | **      | **\$**   | **\$**    |
| 06** | Accountant/Analyst** | our | 7,200** |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **10 | **Accounting         | **H | **0**   | **\$**   | **\$**    |
| 07** | Technician**         | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **10 | **Administrative     | **H | **0**   | **\$**   | **\$**    |
| 08** | Assistant**          | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **   |                      | **H | **1     |          | **\$**    |
| BASE |                      | our | 5,600** |          |           |
| YEAR |                      | s** |         |          |           |
| I -- |                      |     |         |          |           |
| LOT  |                      |     |         |          |           |
| I    |                      |     |         |          |           |
| TOTA |                      |     |         |          |           |
| L:** |                      |     |         |          |           |
+------+----------------------+-----+---------+----------+-----------+

**OPTION YEAR II -- LOT III POP: (February 1, 2009 through January 31,
2010)**

+------+----------------------+-----+---------+----------+-----------+
| **   | **[SER               | *   | *       | **[FIXED | **[ESTIMA |
| [CLI | VICES]{.underline}** | *[U | *[TOTAL | PRICE    | TED]{.und |
| N]{. |                      | NIT | EST.    | D]{.unde | erline}** |
| unde |                      | OF  | QU      | rline}** |           |
| rlin |                      | IS  | ANTITY] |          | **[TO     |
| e}** |                      | SUE | {.under | *        | TAL]{.und |
|      |                      | ]{. | line}** | *[HOURLY | erline}** |
|      |                      | und |         | RAT      |           |
|      |                      | erl |         | E]{.unde |           |
|      |                      | ine |         | rline}** |           |
|      |                      | }** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
|      |                      |     |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **20 | **Engagement         | **H | **20**  | **\$**   | **\$**    |
| 01** | Partner**            | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **20 | **Program Manager    | **H | **130** | **\$**   | **\$**    |
| 02** | /Director**          | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **20 | **Senior Manager**   | **H | **0**   | **\$**   | **\$**    |
| 03** |                      | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **20 | **Accounting         | **H | **      | **\$**   | **\$**    |
| 04** | Manager**            | our | 2,250** |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **20 | **Sr.                | **H | **      | **\$**   | **\$**    |
| 05** | Accountant/Analyst** | our | 6,000** |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **20 | **Staff              | **H | **      | **\$**   | **\$**    |
| 06** | Accountant/Analyst** | our | 7,200** |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **20 | **Accounting         | **H | **0**   | **\$**   | **\$**    |
| 07** | Technician**         | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **20 | **Administrative     | **H | **0**   | **\$**   | **\$**    |
| 08** | Assistant**          | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **   |                      | **H | **1     |          | **\$**    |
| BASE |                      | our | 5,600** |          |           |
| YEAR |                      | s** |         |          |           |
| I -- |                      |     |         |          |           |
| LOT  |                      |     |         |          |           |
| I    |                      |     |         |          |           |
| TOTA |                      |     |         |          |           |
| L:** |                      |     |         |          |           |
+------+----------------------+-----+---------+----------+-----------+

**OPTION YEAR III -- LOT IV POP: (February 1, 2010 through January 31,
2011)**

+------+----------------------+-----+---------+----------+-----------+
| **   | **[SER               | *   | *       | **[FIXED | **[ESTIMA |
| [CLI | VICES]{.underline}** | *[U | *[TOTAL | PRICE    | TED]{.und |
| N]{. |                      | NIT | EST.]   | D]{.unde | erline}** |
| unde |                      | OF  | {.under | rline}** |           |
| rlin |                      | IS  | line}** |          | **[TO     |
| e}** |                      | SUE |         | *        | TAL]{.und |
|      |                      | ]{. | **[QU   | *[HOURLY | erline}** |
|      |                      | und | ANTITY] | RAT      |           |
|      |                      | erl | {.under | E]{.unde |           |
|      |                      | ine | line}** | rline}** |           |
|      |                      | }** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
|      |                      |     |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **30 | **Engagement         | **H | **20**  | **\$**   | **\$**    |
| 01** | Partner**            | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **30 | **Program Manager    | **H | **130** | **\$**   | **\$**    |
| 02** | /Director**          | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **30 | **Senior Manager**   | **H | **0**   | **\$**   | **\$**    |
| 03** |                      | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **30 | **Accounting         | **H | **      | **\$**   | **\$**    |
| 04** | Manager**            | our | 2,250** |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **30 | **Sr.                | **H | **      | **\$**   | **\$**    |
| 05** | Accountant/Analyst** | our | 6,000** |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **30 | **Staff              | **H | **      | **\$**   | **\$**    |
| 06** | Accountant/Analyst** | our | 7,200** |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **30 | **Accounting         | **H | **0**   | **\$**   | **\$**    |
| 07** | Technician**         | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **30 | **Administrative     | **H | **0**   | **\$**   | **\$**    |
| 08** | Assistant**          | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **   |                      | **H | **1     |          | **\$**    |
| BASE |                      | our | 5,600** |          |           |
| YEAR |                      | s** |         |          |           |
| I -- |                      |     |         |          |           |
| LOT  |                      |     |         |          |           |
| I    |                      |     |         |          |           |
| TOTA |                      |     |         |          |           |
| L:** |                      |     |         |          |           |
+------+----------------------+-----+---------+----------+-----------+

**OPTION YEAR IV -- LOT V POP: (February 1, 2011 through January 31,
2012)**

+------+----------------------+-----+---------+----------+-----------+
| **   | **[SER               | *   | *       | **[FIXED | **[ESTIMA |
| [CLI | VICES]{.underline}** | *[U | *[TOTAL | PRICE    | TED]{.und |
| N]{. |                      | NIT | EST.]   | D]{.unde | erline}** |
| unde |                      | OF  | {.under | rline}** |           |
| rlin |                      | IS  | line}** |          | **[TO     |
| e}** |                      | SUE |         | *        | TAL]{.und |
|      |                      | ]{. | **[QU   | *[HOURLY | erline}** |
|      |                      | und | ANTITY] | RAT      |           |
|      |                      | erl | {.under | E]{.unde |           |
|      |                      | ine | line}** | rline}** |           |
|      |                      | }** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
|      |                      |     |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **40 | **Engagement         | **H | **20**  | **\$**   | **\$**    |
| 01** | Partner**            | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **40 | **Program Manager    | **H | **130** | **\$**   | **\$**    |
| 02** | /Director**          | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **40 | **Senior Manager**   | **H | **0**   | **\$**   | **\$**    |
| 03** |                      | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **40 | **Accounting         | **H | **      | **\$**   | **\$**    |
| 04** | Manager**            | our | 2,250** |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **40 | **Sr.                | **H | **      | **\$**   | **\$**    |
| 05** | Accountant/Analyst** | our | 6,000** |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **40 | **Staff              | **H | **      | **\$**   | **\$**    |
| 06** | Accountant/Analyst** | our | 7,200** |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **40 | **Accounting         | **H | **0**   | **\$**   | **\$**    |
| 07** | Technician**         | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **40 | **Administrative     | **H | **0**   | **\$**   | **\$**    |
| 08** | Assistant**          | our |         |          |           |
|      |                      | s** |         |          |           |
+------+----------------------+-----+---------+----------+-----------+
| **   |                      | **H | **1     |          | **\$**    |
| BASE |                      | our | 5,600** |          |           |
| YEAR |                      | s** |         |          |           |
| I -- |                      |     |         |          |           |
| LOT  |                      |     |         |          |           |
| I    |                      |     |         |          |           |
| TOTA |                      |     |         |          |           |
| L:** |                      |     |         |          |           |
+------+----------------------+-----+---------+----------+-----------+

  ------------------------------------ ------------ ------------ ------------ --------------------------
  **BASE YEAR -- LOT I SUBTOTAL:**     **Hours:**   **15,600**   **Price:**   **\$**

  **OPTION YEAR I -- LOT II            **Hours:**   **15,600**   **Price:**   **\$**
  SUBTOTAL:**                                                                 

  **OPTION YEAR II -- LOT III          **Hours:**   **15,600**   **Price:**   **\$**
  SUBTOTAL:**                                                                 

  **OPTION YEAR III -- LOT IV          **Hours:**   **15,600**   **Price:**   **\$**
  SUBTOTAL:**                                                                 

  **OPTION YEAR IV -- LOT V            **Hours:**   **15,600**   **Price:**   **\$**
  SUBTOTAL:**                                                                 

  **CONTRACT AWARD TOTAL**             **Hours:**   **78,000**   **Price:**   **\$
                                                                              \_\_\_\_\_\_\_\_\_\_\_**
  ------------------------------------ ------------ ------------ ------------ --------------------------

**SECTION C -- DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK**

**C.1. [GENERAL REQUIREMENTS/SPECIFICATIONS]{.underline}**

This acquisition shall be conducted using the Patent and Trademark
Acquisition Guidelines (PTAG) located at:
<http://www.uspto.gov/web/offices/ac/comp/proc/acquproc.htm>

The Contractor shall furnish the necessary personnel, material,
equipment, and service (except as otherwise specified) to perform the
following Statement of Objective/ Specifications. The USPTO will not
furnish facilities for Contractor meetings and/or gatherings not related
to the contract requirements.

The Contractor shall provide skilled accountants, analysts, other
support staff, program management services, and equipment necessary to
execute negotiated task orders.

**The Contractor [must]{.underline} have the designation as a Certified
Public Accounting (CPA) firm.**

**C.2. [INTRODUCTION/BACKGROUND]{.underline}**

The United States Patent and Trademark Office (USPTO) has a requirement
for financial support services for the Office of Finance, Financial
Reporting and Analysis Division. The USPTO is currently located in
Alexandria, VA. The Office of Finance, the Financial Reporting and
Analysis Division is responsible for ensuring all accounting events are
properly recorded, preparing financial reports, and submitting such
reports to the appropriate authority. The primary accounting system used
by the USPTO is *Momentum Financials*. The software tool used to extract
information for reporting and analysis of data from Momentum Financials
and the Enterprise Data Warehouse is Business Objects.

The Financial Reporting and Analysis Division is responsible for
providing accurate, timely, and useful financial information and
services to support informed decision-making. The Financial Reporting
and Analysis Division is also responsible for providing reporting and
analysis to foster accountability and decision-making for financial
management and ensure that adequate controls exist to safeguard assets
and manage liabilities, revenues, and expenditures.

As such, assistance is needed to fulfill some of the primary
responsibilities within the Office of Finance:

-   prepare adjustments, such as accrual estimates, to ensure the
    financial statements and reports remain in accordance with the Chief
    Financial Officers Act and in conformance with accounting principles
    generally accepted in the United States of America and OMB Circular
    A-136, *Financial Reporting Requirements*,

-   prepare monthly, quarterly and annual financial reports for both
    internal use and submission to the Department of Commerce, the
    Department of the Treasury, and the Office of Management and Budget,
    and

```{=html}
<!-- -->
```
-   perform analyses of financial reports and data to identify and
    analyze fluctuations, trends and unusual variances to provide an
    accurate reporting of the USPTO's financial condition and results of
    operations.

The USPTO will define the work schedule in individual task orders.

**C.3. [SCOPE OF SERVICES]{.underline}**

This contract shall be used to obtain a wide range of auditing,
accounting, and financial analysis services for the USPTO. The
Contractor shall provide the necessary and skilled personnel, and
materials (except as otherwise specified) to perform, if assigned, the
following services:

1.  Evaluate existing records for receivables, including receivables
    recorded from payroll, payables, and other account balances that
    shall be identified for conformance with generally accepted federal
    accounting principles and standards and USPTO requirements.

2.  Evaluate existing recording of expense classifications for
    conformance with generally accepted federal accounting principles
    and standards, OMB object classification, and USPTO requirements and
    make and effect adjustments to ensure compliance in accordance with
    designated timeframes.

3.  Evaluate existing recording of accrued liabilities and expenses for
    conformance with generally accepted federal accounting principles
    and standards and USPTO requirements and make and effect adjustments
    to ensure compliance.

4.  Evaluate existing recording of property, plant, and equipment (PPE),
    including PPE items initially charged as expense for conformance,
    with generally accepted federal accounting principles and standards
    and USPTO requirements and make and effect an adjustment to ensure
    compliance; also includes accounting for and reconciling all PPE
    disposals, trade-ins, and depreciation.

5.  Evaluate existing recording of deferred revenues to ensure
    compliance with generally accepted federal accounting principles and
    standards and USPTO requirements and make recommendation for
    adjustments to ensure compliance.

6.  Perform a fluctuation analysis on, at a minimum, expenses by vendor
    and object class; shall analyze general ledger data to identify
    unusual trends in account balances.

7.  Calculate and accumulate Office of Finance performance data for
    management analysis and Balanced Scorecard presentation.

8.  Prepare narrative and qualitative analyses for portions of the
    annual Performance and Accountability Report.

9.  Perform audits in accordance with standards promulgated by the
    American Institute of Certified Public Accountants and the
    Government Accountability Office.

10. Perform agreed upon procedure reports in accordance with standards
    promulgated by the American Institute of Certified Public
    Accountants and the Government Accountability Office.

11. Perform other related functions and projects in accordance with
    standards promulgated by the American Institute of Certified Public
    Accountants and the Government Accountability Office.

12. Perform financial forecasts and projections in accordance with
    standards promulgated by the American Institute of Certified Public
    Accountants and the Government Accountability Office, or in
    accordance with other applicable forecasting and projecting
    standards and conventions.

13. Evaluate capital planning and information technology investment
    practices to ensure that planning, selection, execution, and
    evaluation activities are in compliance with federal information
    technology investment requirements and conducted in an open and
    well-documented manner.

14. Perform other financial reviews, analyses, studies, accounting
    functions, duties, and responsibilities as may be necessary in
    relation to this statement of objective.

Work to be performed by the Contractor shall be defined by a series of
task orders that will specify the activities to be performed and
associated performance metrics, the scope of the work, the schedule on
which the work is to be performed, and the deliverables to be provided
by the Contractor. An example of a performance metric for the activity
of reviewing object classification to ensure compliance with OMB
requirements would be requiring approval of the object classification
within one day of receipt. The amount of work to be performed at the
time of performance will be determined by the Contracting Officer, who
will issue written task orders to the contractor.

**C.4. [SKILLS AND POSITION DESCRIPTION]{.underline}**

Personnel assigned to perform the services defined throughout the SOW
shall be required to possess a diverse set of skills.

Each Contractor employee proposed under this contract shall be required
to undergo security processing by the USPTO's Office of Security and
satisfy Noncritical-Nonsensitive security level requirements before
being eligible to work on the premises in the Alexandria Campus. Because
of the nature of the duties to be performed by the Contractor, some
Contractor personnel may also be required to satisfy
Noncritical-Sensitive security level requirements. In the event that the
Government requests personnel with higher clearances, the Contractor
must provide additional security information within 60 days.

All Contractor personnel shall agree to be finger printed and to submit
personal background data.

**C.5. [UNSPECIFIED TASKS OR UNIDENTIFIED LABOR
CATEGORIES]{.underline}**

Unspecified task areas. The contractor may possibly be requested to
perform task areas within the general scope of services listed in
section C.3 that are not specifically identified by the USPTO at this
time. The contractor shall review any additional request, review the
task order statement of work, if applicable submit price quote to the
Contracting Officer in accordance with the basic contract labor rate
categories.

Labor categories that are not identified in the present schedule of
costs, the contractor shall submit a request to the Contracting Officer
adding any new labor categories. The Contracting Officer will review the
request; if appropriate complete a basic contract modification adding
the additional labor category or categories.

**C.6.** **[DESCRIPTION OF LABOR CATEGORIES]{.underline}**

The following labor categories shall be applicable to all work performed
under this contract, at the fixed hourly rates established in Section B.
The Contractor is responsible for hiring and managing all contractor
personnel. The contractor must submit résumés for all key personnel
identified in section H.14.

**Engagement Partner** -- Number range CHAPTER Organizes and directs
overall engagement performance.

Specific duties: Ensures that goals and objectives are accomplished
within prescribed timeframe and funding parameters. Negotiates and makes
decisions for the firm. Participates in project status committee
meetings to resolve issues through application of Firm resources or
experience gained in other projects. Ensures compliance with Firm
policies and professional standards.

Number range CHAPTERExperience: Ten (10) years of applicable financial
or business consulting experience, including substantial experience in
managing the business associated with client requirements.

Required Education: B.S./B.A. or equivalent experience, and CPA or
equivalent.

**Project Manager** - Number range CHAPTERThe term \"Project Manager\"
defines a person, designated by the contractor, who has complete
authority to act for the contractor during the term of the contract.

It is the responsibility of the contractor to appoint a Project Manager
who is experienced and competent in the duties specified below. The
Project Manager must be available to act for the contractor to oversee
and coordinate the services described in this contract or individually
defined task orders. The Project Manager will direct the completion of
tasks within required milestones and financial budget.

Specific duties: Number range CHAPTERProject Management duties include,
but are not limited to, managing all required services; communicating
with the Government; monitoring Supervisors; keeping personnel informed
of and trained in all aspects of their positions, tasks, and duties;
planning and scheduling all work requirements and training; preparing
reports; establishing and maintaining records; and ensuring quality
control.

Experience: A minimum of five (5) years relevant experience in project
management responsibilities, supervising personnel, and interaction with
clients.

Required Education: B.S./B.A. or equivalent experience, and CPA or
equivalent.

**Senior Manager** -- A manager who performs a wide variety of complex
technical and support services including the ability to supervise the
work performed and schedules on specific task orders and insuring that
work is implemented in a timely manner. Ensures quality services are
delivered.

Specific duties: Applies analysis and evaluation techniques to manual
and automated processes within a limited area of capability. Advanced
system analytic and electronic skills.

Experience: A minimum of three (3) years relevant experience in Program
Management responsibilities.

Required Education: B.S./B.A. or equivalent experience, and CPA or
equivalent.

  --------------------------------------------------- --------- ----------
                                                                

  --------------------------------------------------- --------- ----------

**Accounting Manager** -- A full-time on-campus manager who demonstrates
ability to supervise or lead a team of financial management
professionals. Possess a thorough knowledge of Federal financial and
accounting system requirements, and performs a wide variety of complex
technical and support financial services as assigned in individual task
orders.

Specific duties: Applies analysis and evaluation techniques to manual
and automated processes within a limited area of capability.

Works independently under overall project guidelines and typically
manages accountants/analysts in project-level groups

Experience: Three (3) years experience in management, and in resolving
management and organizational problems is required for this labor
category. Advanced system analytic and electronic skills.

Required Education: B.S./B.A. or equivalent experience, and CPA or
equivalent.

**Senior Accountant/Analyst** -- Performs a wide variety of complex
technical and support services involving financial management and the
ability to take on increased responsibilities as a team leader or first
level supervisor as well as other related duties as assigned in
individual task orders.

Specific duties: Applies analysis and evaluation techniques to manual
and automated processes within a limited area of capability. Experience
in operational accounting and/or auditing with demonstrated ability to
lead a team of accounting analysts. Serves as a leader ensuring that a
group of accounting analysts is working in concert to integrate
business, accounting, and financial services as defined in task orders.

Experience: Five (5) years of accounting and financial management
experience including time as a team leader. Advanced system analytic and
electronic skills.

Required Education: BA/BS or equivalent experience.

**Staff Accountant/Analyst** -- Experience in accounting/financial
management with a demonstrated ability in areas such as cost and
financial accounting techniques, accounting operations, and business
management. Possesses knowledge of financial and accounting policies.

Specific Duties: Serves as team member, helping ensure that a group of
accounting analysts is working in concert to integrate business,
accounting, and financial services as defined in task orders.

Experience: Three (3) years or less of accounting and financial
management experience.

Required Education: B.S./B.A. or equivalent experience. System analytic
and electronic skills.

**Accounting Technician** - Experience in accounting/financial
management. Possesses skills necessary to perform financial and
accounting functions.

Specific Duties: Provides support to a group of accounting analysts
working in concert to integrate business, accounting, and financial
services as defined in task orders.

Experience: Two (2) years or less of accounting and financial management
experience.

Required Education: Not Applicable.

**Administrative Assistant** -- Experience in word processing, using
electronic spreadsheets and other administrative software products.

Specific Duties: Provides Administrative support, as needed based on
work being performed as defined in task orders.

Experience: One (1) year or less of related experience is required.

Required Education: Not Applicable.

**SECTION D -- PRESERVATION, PACKING, AND MARKING**

**D.1.** **[PRESERVATION, PACKING, AND MARKING]{.underline}**

Preservation, packaging, and packing for all items delivered hereunder
shall be in accordance with commercial practice and adequate to insure
acceptance by common carrier and safe arrival at destination. The
Contractor shall place the contract number on or adjacent to the
exterior shipping label. In addition, each package, report, or other
deliverable shall be accompanied by a letter or other document that
identifies the deliverable item number or reporting requirement that
requires the delivered item(s) and indicates whether the contractor
considers the delivered item(s) to be partial or full satisfaction of
the requirement.

**SECTION E -- INSPECTION AND ACCEPTANCE**

**E.1. [NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY
REFERENCE]{.underline}**

The following contract clauses pertinent to this section are hereby
incorporated by reference (by Citation Number, Title, and Date) in
accordance with the clause at FAR 52.252-2 "CLAUSES INCORPORATED BY
REFERENCE" in Section I of this contract. The full text of these clauses
may be accessed electronically at these Internet addresses:
[http://acquisition.gov](http://acquisition.gov/) and
[http://www.gsa.gov](http://www.gsa.gov/).

52.246-6 [Inspection -- Time-and-Material and Labor-Hour]{.underline}
(MAY 2001)

**E.2. [INSPECTION AND ACCEPTANCE]{.underline}**

The USPTO has the right to inspect all services performed under this
contract, to the extent practicable at all places and times, including
the period of performance, and in any event before acceptance in
accordance with Clause 52.246-6, and any other provisions specified in
this contract. The Government reserves the right to conduct any
inspection and tests it deems reasonably necessary to assure that the
services provided conform in all respects to the contract requirements.
Services that are found not in conformance with contractual or task
order requirements shall be promptly rejected. The COTR or Contracting
Officer shall submit a formal letter advising the contractor of the
rejection.

**SECTION F -- DELIVERIES OR PERFORMANCE**

**F.1. [NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY
REFERENCE]{.underline}**

The following contract clauses pertinent to this section are hereby
incorporated by reference (by Citation Number, Title, and Date) in
accordance with the clause at FAR 52.252-2 "CLAUSES INCORPORATED BY
REFERENCE" in Section I of this contract. The full text of these clauses
may be accessed electronically at these Internet addresses:
[http://acquisition.gov](http://acquisition.gov/) and
[http://www.gsa.gov](http://www.gsa.gov/).

52.242-15 [Stop Work Order]{.underline} (AUG 1989)

52.242-17 [Government Delay of Work]{.underline} (APR 1984)

52.247-35 [F.O.B. Destination, Within Consignee\'s Premises]{.underline}
(APR 1984)

**F.2.** **[NOTICE TO THE GOVERNMENT OF DELAYS]{.underline}**

In the event the Contractor encounters difficulty in meeting performance
requirements, or when he/she anticipates difficulty in complying with
the contract delivery schedule or completion date, or whenever the
Contractor has knowledge that any actual or potential situation is
delaying or threatens to delay the timely performance of this contract,
the Contractor shall immediately notify the Contracting Officer and the
COTR, in writing, giving pertinent details; provided, however, that this
data shall be informational only in character and that this provision
shall not be construed as a waiver by the Government of any delivery
schedule or date, or any rights or remedies provided by law or under
this contract.

**F.3.** **[DELIVERY]{.underline}**

**Period of Performance**

  ----------------------- ----------- ----------------- ------------------
  **BASE YEAR -- LOT 1**  **POP:**    **12/01/2006**    **- 01/31/2008**

  **OPTION YEAR I -- LOT  **POP:**    **12/01/2008**    **- 01/31/2009**
  II**                                                  

  **OPTION YEAR 11 -- LOT **POP:**    **12/01/2009**    **- 01/31/2010**
  III**                                                 

  **OPTION YEAR III --    **POP:**    **12/01/2010**    **- 01/31/2011**
  LOT IV**                                              

  **OPTION YEAR IV -- LOT **POP:**    **12/01/2011**    **- 01/31/2012**
  V**                                                   
  ----------------------- ----------- ----------------- ------------------

**F.4. [PLACE OF PERFORMANCE]{.underline}**

Unless otherwise specified in individual task orders, the place of
performance is the following: USPTO Office of Finance, Carlyle Place,
2051 Jamieson Avenue, Alexandria, Virginia 22313-1450.

**F.5. [DELIVERABLES AND SUBMISSION DATES]{.underline}**

Assigned tasks will be performed in accordance with the requirements for
deliverables and time schedules defined in the specific task orders
issued under this contract. The Contracting Officer's Technical
Representative (COTR) will review and approve all deliverables. Based
upon the results of these reviews, the Contractor may be required to
perform corrective or additional work within the contract scope, which
shall be performed at no additional cost to the Government.

All deliverables shall be submitted first in draft form. The Government
will have fifteen (15) working days to determine the acceptability of
all completed draft deliverables and ten (10) working days to determine
the acceptability of all completed final deliverables. Deficiencies in
draft and final deliverables shall be corrected by the Contractor within
ten (10) working days. In addition to the services required under the
contract, the Contractor shall be required to provide the following
deliverables:

1.  Monthly Progress Reports, the Contractor shall prepare and submit
    three (3) copies of the monthly progress report to the COTR. The
    monthly progress reports shall be brief and factual. The monthly
    progress reports shall include a summary of the tasks performed for
    all hours and dollars incurred.

2.  Analyses and reports, schedules and spreadsheets, documentation,
    management plans, technical studies, computer graphic, presentation,
    work papers, and other similar products shall be required in
    performing task requirements.

**F.6. [IDENTIFICATION OF CONTRACT DELIVERABLES]{.underline}**

Unless otherwise specified, all documents prepared and submitted by the
Contractor to the Government under this contract shall include the
following information on the cover page of each document:

1.  Name and business address of Contractor

2.  Contract number and task order number

3.  Name, position, and office location of the COTR

4.  Date of report

**F.7. [PLACE/TIME OF DELIVERY]{.underline}**

The Deliverable items to be furnished hereunder shall be delivered to
the COTR. The Government will require deliveries to be made according to
schedules specified in the individual task orders.

**F.8. [MEETINGS]{.underline}**

The Contractor shall conduct monthly status review briefing with the
COTR or designated alternate. The briefing shall include, but is not
limited to, the following:

1.  Work completed during the reporting period

2.  Status report on all tasks

3.  Work schedule for the next reporting period

4.  Identification of any problems or delays and recommendations as to
    their solution

Additional meeting between the Contractor and the Government will be
held on an "as-required basis" during the performance of the contract.
Unless otherwise mutually agreed, the meeting will be held at the
Government's location.

**SECTION G -- CONTRACT ADMINISTRATION DATA**

**G.1. [CONTRACTING OFFICER\'S TECHNICAL REPRESENTATIVE]{.underline}**

The performance of work required herein shall be subject to the
technical direction of the appointed Contracting Officer\'s Technical
Representative (COTR) or designee with respect to technical matters
pertaining hereto. As used herein, - Technical Direction - is direction
to the contractor, which defines in specific tasks stated in individual
task orders, or otherwise supplements the scope of work. Technical
Direction - must be confined to the general scope of work set forth
herein and shall not constitute a new assignment, nor supersede or
modify any other Clause of this contract. To be valid, technical
direction:

Must be issued in writing consistent with the general scope of work set
forth in the contract;

Shall not change the expressed terms, conditions, or specifications
incorporated into this contract; and

Shall not constitute a basis for extension to the contract delivery
schedule or contract price.

The COTR is authorized to:

Act as a liaison and to coordinate contractor/government activities;

Arrange for and coordinate the use of government resources (personnel,
space, documents, etc.);

The Government may change the COTR at any time without prior notice to
the Contractor, but notification of the change, including the name and
address of the successor COTR, will be promptly provided to the
Contractor by the Contracting Officer in writing.

The COTR does not have the authority to alter the contractor\'s
obligations under the contract; direct changes that fall within the
purview of the clause entitled -- Changes -- (FAR Clause 53.243-3)
and/or modify any of the expressed terms, conditions, specifications, or
price of the contract. If as a result of technical discussions, it is
desirable to alter/change contractual obligations or the
Specification/Work Statement, the Contracting Officer shall issue such
changes in writing and signed.

A copy of all written communications shall be concurrently mailed or
otherwise furnished to the Contracting Officer at the address set forth
in Section G.3.

**G.2. [CONTRACT ADMINISTRATION]{.underline}**

This contract will be administered by:

Paul L. Brinckhaus, Contracting Officer

United States Patent and Trademark Office

Office of Procurement

600 Dulany Street

Madison East Building, Room 7C49

Alexandria, Virginia 22313-1450

Telephone: 571-272-7992

Email: paul.brinckhaus@uspto.gov

Written communications shall make reference to the contract or task
order number and shall be mailed to the above address.

**G.3. [PAYMENT PROVISIONS FROM THE FAR APPLICABLE TO THIS
CONTRACT]{.underline}**

The current FAR clause entitled Prompt Payment (Oct 2003) 52.232-25 is
incorporated by reference.

Subdivision (a)(5)(i) of the Prompt Payment clause is modified to
specify the following period for constructive acceptance by the
Government: Government acceptance shall be deemed to have occurred
constructively on the 30^th^ day after the Contractor delivered the
supplies or performed the services in accordance with the terms and
conditions of the contract.

The COTR will certify the invoice for payment and forward the invoice to
the Finance Office specified below for payment. Negative inspection
results will be reported immediately to the Contracting Officer.

The office that will make the payments due under this contract (i.e.,
the designated payment office) is:

Director of the U.S. Patent and Trademark Office

Office of Finance

Mail Stop 17

P.O. Box 1450

Alexandria, VA 22313-1450

All invoices submitted for payment shall contain the following basic
information:

Contract Number

Task Order Number

Description, price, and quantity of services actually rendered by labor
category and program code

Date of the invoice

Invoice Number

Date service was performed

Contractor complete mailing address, including zip code and telephone
number

Contractor\'s Tax Identification Number (TIN)

**G.4. [ELECTRONIC PAYMENT INFORMATION]{.underline}**

The information required by the clause at FAR 52.232-28, Electronic
Funds Transfer Payment Methods, shall be forwarded by the Contractor to
the below-designated office.

> Director of the U.S. Patent and Trademark Office
>
> Office of Finance
>
> Mail Stop 17
>
> P.O. Box 1450
>
> Alexandria, VA 22313-1450

If requested, a form will be provided to the Contractor for this
purpose. In the event payment is assigned to a bank, thrift, or other
financial institution pursuant to the clause FAR 52,232-23, Assignment
of Claims, the Contractor shall provide that form to the assignee for
completion.

**G.5. [COTR INVOICE CERTIFICATION]{.underline}**

All invoices must be certified by the COTR. The following statement must
be added to the invoice:

COTR\'S Invoice Certification

I certify to the best of my knowledge and belief that the supplies /
services stated on the contractor invoice have been inspected and
accepted in accordance with the terms and conditions of the contract.

COTR Signature Date

If services are rejected for failure to perform to the contract
requirements, the provisions in the Prompt Payment clause (FAR
52.232-25 - See Section I) will apply to the new acceptance of
replacement services.

**G.6. [INVOICE FOLLOW-UPS]{.underline}**

All follow-up invoices shall be marked - Duplicate of Original -
Contractor questions regarding payment information should be directed to
the COTR, (571) 272-6323.

### G.7. [GOVERNMENT FURNISHED EQUIPMENT]{.underline} 

USPTO will furnish office automation equipment and general office
supplies that are used at the work location site.

**G.8. [DESIGNATED CONTRACT COTR ]{.underline}**

The Contracting Officer hereby designates the individual (s) named below
as the Contracting Officer\'s Technical Representative (COTR):

Name: Mr. Dennis Detar

Address: U.S. Patent & Trademark Office

2051 Jamieson Avenue

Carlyle Place, Room CPL03-3210

Alexandria, Virginia 22313-1450

Telephone: (571) 272-6323

**SECTION H -- SPECIAL CONTRACT REQUIREMENTS**

**H.1. [CONTRACT TYPE]{.underline}**

This is a Labor Hour type contract. Individual task orders will be
issued based on fixed-price labor rates.

**H.2. [ORDERING ]{.underline}**

Any supplies and services to be furnished under this contract shall be
ordered by issuance of task orders by the individuals or activities
designated in the Schedule. Such orders may be issued from the beginning
of the performance period through the end of the performance period.

All task orders are subject to the terms and conditions of this
contract. In the event of conflict between a task order and this
contract, the contract shall control.

If mailed, a task order is considered \"issued\" when the Government
deposits the order in the mail. Orders may be issued orally, by
facsimile, or by electronic commerce methods only if authorized in the
schedule.

Each task order (Labor Hour) issued hereunder will contain a dollar
ceiling, which the contractor shall not exceed except at its own risk.

**H.3. [ORDERING ACTIVITY]{.underline}**

Supplies and services to be furnished under this contract shall be
ordered by issuance of task orders issued by the Contracting Officer.

**H.4. [ORDERING PROCEDURES]{.underline}**

Issuance of task orders (TO) will be the responsibility of the
Contracting Officer.

In responding to the COTR's request for cost information prior to TO
issuance and subsequent implementation of TO requirements, the
contractor will assure that all aspects of the requirements are
accommodated.

TOs will be numbered in a format prescribed by the Contracting Officer
containing as a minimum:

Task Order Number

Contract Number

Accounting and Appropriation Data

Funding

Description of Work to be performed

Period of Performance

Labor category description including quantity and unit price

Any other pertinent information

It is understood that in exceptional cases, some TOs may be of a
time-sensitive nature requiring immediate initiation of work prior to
issuance of a formal TO. In such cases, upon informal
[agreement]{.underline} between the Contractor and the Contracting
Officer, work may be initiated prior to issuance of a task order. A task
order reflecting the agreement will be issued within ten working days
from the date of the informal agreement.

When, in the opinion of the contractor, the TO requires amendment,
expansions, or change as to produce additional or collateral results of
benefit to the Government, the contractor shall advise the Contracting
Officer through the COTR, and the parties hereto shall arrive at a
mutual agreement prior to performance of such additional or collateral
work. Such agreements shall be formalized by amendment of the contract,
or by issuance of an amended task order as appropriate.

###### H.5. [TASK ORDER PERFORMANCE]{.underline} 

It is understood and agreed that the number of hours and the total
dollar amount for each labor category specified in any delivery/task
order issued under this contract are estimates only and shall not limit
the use of hours or dollar amounts in any labor category which may be
required and provided for under an individual delivery/task order.
Accordingly, in the performance of any delivery/task order, the
contractor shall be allowed to adjust the quantity of labor hours
provided for within labor categories specified in the order provided
that in so performing the contractor shall not in any event exceed the
ceiling price restrictions of any order, including modifications
thereof.

**H.6. [TASK ORDER EVALUATION REPORTS]{.underline}**

The Government may require that each USPTO component prepare a formal
evaluation report on the appropriate task order and assign a performance
rating for contractors performance. For continuous task orders with an
interruption of performance, these reports may be required on an annual
basis. These reports will be made available to the contractor in
accordance with Section 42.15 of the FAR.

The reports will be considered in awarding additional task orders and in
the Government's unilateral exercise of option year renewals. The
Government will make available the agency evaluation reports to Federal
Agencies seeking past performance information of the contractor as part
of a Federal contract procurement.

**H.7. [INDEMNIFICATION]{.underline}**

**[Responsibility for Government-owned or -leased Property and
Equipment]{.underline}**

During contract performance, the contractor shall be responsible for all
negligent acts or omissions of its employees. In this regard, the
contractor shall, at no cost to the Government and at the Government\'s
option, replace or compensate the Government for any damage to or loss
of Government-owned or -leased property caused by such negligent acts or
omissions.

**[Responsibility for Contractor or Third Party-owned or -leased
Property and Equipment]{.underline}**

The Contractor shall indemnify the Government against any and all
liability claims for loss or damage to any contractor owned or leased
property occurring as a result of negligence or omissions by employees
of the contractor in connection with the performance of work under the
terms of this contract.

**[Responsibility for Property and Equipment Damaged or Lost through no
fault of the Contractor or the Government]{.underline}**

Property damage or loss that occurs through no fault of either the
contractor, or the Government shall be the responsibility of the party
holding title to or having leased the property.

**[Contractor Actions]{.underline}**

Number range CHAPTERThe Contractor shall indemnify and hold the
Government, its agents and employees, harmless against any financial
loss or liability, including costs and expenses, arising from any
negligent or wrongful act, or omission, or malpractice, on the part of
the Contractor, or any of its agents or employees, during the
Contractor's performance under this contract. The Contractor also agrees
that if the Government suffers any financial loss or liability because
of any negligent or wrongful act, or omission, or malpractice, by the
Contractor, or any of its agents or employees, the Department may offset
any such sums against any money in the Department's possession, which
would otherwise be due and payable to the Contractor.

**H.8. [PROHIBITION AGAINST SOLICITING AND PERFORMING PERSONAL
SERVICES]{.underline}**

The performance of personal services under this contract is strictly
prohibited.

Personal service contracting is described in Section 37.104 of the FAR.
There are a number of factors, when taken individually or collectively,
which may constitute personal services. Each contract arrangement must
be judged in light of its own facts and circumstances, but the question
relative to personal services is: Will the Government exercise
relatively continuous supervision and control over the contractor
personnel performing this contract?

The government and the Contractor understand and agree that the support
services to be delivered under this contract are non-personal services
in nature and that no employer-employee relationships exist or will
exist under the contract between the government and the contractor or
between the Government and the contractor's employees.

Contractor personnel under this contract shall not:

Be placed in a position where they are appointed or employed by a
Federal employee, or are under the supervision, direction, or evaluation
of a Federal employee.

Be placed in a Federal staff or policy-making position.

Be placed in a position of supervision, direction, or evaluation over
USPTO personnel, or personnel of other contractors, or become a part of
a government organization.

**[Employee Relationship]{.underline}**

The services to be performed under this contract are not personal
services and therefore, the contractor or its employees are not to make
decisions on behalf of the government.

Rules, regulations, direction, and requirements, which are issued by
USPTO management under their responsibility for good order,
administration, and security, are applicable to all personnel who enter
a Government installation. This is not to be construed or interpreted to
establish any degree of Government control, which is inconsistent with a
non-personal services contract.

The Contractor shall immediately advise the Contracting Officer if any
Government employee to perform directs the Contractor or its employee's
work that the Contractor believes constitutes personal services.

> **[Contractor Management Responsibility]{.underline}**

The Contractor is required to provide appropriate management of this
contract and its associated work including assigning a Project Manager.
The name of the proposed Project Manager and his/her education, work
experience, and any pertinent background information must be provided to
the COTR. The Project Manager must meet the requisite skills to fulfill
the government's requirements.

The Project Manager must be able to respond immediately to on-site
problems with Contractor employees or be available for on-site meetings
that are planned in advance or required on short notice (day of
request).

The Project Manager should be authorized to prepare and deliver work
plans required in response to task orders issued by the USPTO, to
negotiate and execute task orders, to provide data and information to
the Government as required, to perform all necessary hiring and firing
activities in support of this contract, and to take any and all other
actions required to ensure the timely and cost effective accomplishment
of work.

The Project Manager is required to monitor performance under the
contract and promptly provide the Government with information on
problems identified and a plan for resolving such problems. Both oral
and written notice of all problems that affect or potentially affect the
contract, deliverables, and/or schedules must be provided to the CO and
the COTR. Written notice should be provided within 24 hours of any
verbal or written notice.

As required by the Government, the contractor will provide information
and/or data needed to assist the USPTO in responding to inquiries,
questions, reviews, inspections, audits, and/or investigations being
conducted in the USPTO.

Under each Task Order, the contractor is responsible to ensure that the
appropriate contractor staff is available to perform the work set forth
in this statement of work. The contractor employee's absence shall not
excuse the contractor from fulfilling the required services as specified
in individual task orders.

The Contractor is responsible for all on-site supervision and training
of the Contractor's employees. USPTO will be responsible to provide
training for any software that is exclusively used by USPTO.

All Contractor employees must be clearly identified. Contractor badges
will be issued upon a successful background check; on the email address,
the company name of the contractor will be listed after the name of the
contractor employee; the contractor is required to identify themselves
as a contractor in emails, while attending any meetings, and any time
that the contractor employee is performing duties under this contract.

The Contractor shall appoint a supervisor/manager who will be the
contractor's authorized representative for technical and administrative
performance of all services required hereunder. The supervisor shall
provide the single point of contact through which all
contractor/government communications, work, and technical direction
shall flow. The supervisor shall receive and execute, on behalf of the
contractor, such technical direction as the COTR may issue within the
terms and conditions of the contract. All administrative support of
contractor technical personnel required to fulfill the tasks assigned
under this contract shall be the responsibility of the contractor.

**H.9. [ACCESS TO GOVERNMENT FACILITIES]{.underline}**

During the life of the contract, the rights of ingress and egress to and
from the Government facility for contractor personnel shall be made
available as required. During all operations on Government premises,
contractor personnel shall comply with the rules and regulations
governing the conduct of personnel and the operation of the facility.
The Government reserves the right to require Contractor personnel to
sign in upon ingress and sign out upon egress to and from the Government
facility.

> .

**H.10. [GOVERNMENT IDENTIFICATION/SUITABILITY INVESTIGATION
REQUIREMENTS FOR CONTRACTOR EMPLOYEES]{.underline}**

The contractor shall obtain and wear contractor identification passes.
USPTO security procedures require than an investigation be conducted on
each Contractor employee before providing the passes.

(Contract Language for use by Contracting Officers for Low Risk and
Moderate Risk Contracts

Contractors -

Each contract employee working for over 180 days under this contract
must undergo investigative processing. The investigation that will be
conducted by the Office of Personnel Management (OPM) is a National
Agency Check with Inquires (NACI). (NOTE: Low Risk contracts whose
duration is less than 180 days do not ordinarily require processing.
However, even though the contract is short in duration, based on any
unusual circumstances that may exist, Special Agreement Checks (SACs)
may be requested, at the discretion of the Contracting Officer\'s
Technical Representative (COTR) and/or the USPTO Security Office.)

Investigative Processing -

The COTR, in conjunction with the contractor\'s Project Manager, is
responsible for Initiating and ensuring the accuracy and completeness of
the investigative package for each contract employee. Once the packages
have been reviewed, packages will then be forwarded to the USPTO
Security Office for further processing, e.g., fingerprinting, etc.
Investigative paperwork must be submitted to the USPTO Security Office
and forwarded to the OPM within 14 days after the Subject\'s performance
on the contract.

Processing Requirements -

The investigative package must contain the following investigative
forms: SF-85, Questionnaire for Non Sensitive Positions; FD 258,
Fingerprint Chart; and the OF 306, Declaration for Federal Employment.

Non U.S. citizens to be employed under this contract must:

Have official legal status in the United States; and

Have continuously resided in the United States for the last 2 years

If the USPTO Security Office receives disqualifying information on a
contract employee, the Contractor, upon notice, will immediately remove
the employee from their duties under this contract. Contract employees
may be barred from working on the premises of a facility for any of the
following:

Falsification of information entered on the investigative forms.

Conviction of a felony of a crime of violence or of a misdemeanor
involving moral turpitude.

Improper conduct once performing on the contract, including criminal,
infamous, immoral, or notoriously disgraceful conduct or other conduct
prejudicial to the Government regardless of whether the conduct directly
relates to the contract.

Any behavior judged to pose a potential threat to USPTO personnel or
property.

Failure to comply with these requirements may result in the cancellation
of this contract.

All investigative processing request information and requests for
employee passes shall be forwarded to the COTR. The COTR will make
recommendations and forward the pass requests to the USPTO Security
Office.

All background investigation reports will be processed by the USPTO
Security Office upon receipt. Those employees whose backgrounds do not
meet DOC and USPTO suitability requirements will not be allowed to work
in USPTO facilities. The Contractor will be notified of the results of
any additional security investigations. USPTO reserves the right to deny
facility access to those personnel who receive unfavorable security
reports. All personnel employed by the Contractor in the performance of
this contract, or any representative of the Contractor entering
USPTO/DOC facilities, shall abide by all security regulations of
USPTO/DOC and shall be subject to security checks as may be deemed
necessary. The Government reserves the right to direct the Contractor to
remove from performance under this contract, any employee for misconduct
or security reasons. Such action shall not excuse the Contractor from
the responsible performance of all tasks under the contract.

The Security Manual and additional memos from the USPTO Director of
Security, as well as USPTO security procedures shall apply to this
contract and the Contractor\'s employees assigned under this contract.
Copies of these documents may be obtained from the COTR.

This clause also applies to any subcontractors or consultants used by
the Contractor.

**H.11. [OBSERVANCE OF LEGAL HOLIDAYS/FEDERAL NON-WORK
DAYS]{.underline}**

The following legal holidays are observed by this Government Agency.
Holidays falling on Saturdays are observed on the Friday preceding the
holiday, while those holidays falling on Sundays are observed on the
Monday following the holiday.

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

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

The Contractor shall comply with the aforementioned Government holidays
and any other day designated by Federal Statute, Executive Order, or
presidential proclamation, therefore, the Government offices are closed
to the Contractor's staff on the day(s) these holidays are observed. In
addition, work shall not be required of the Contractor when Federal
employees are released from work early due to inclement weather
conditions or when Federal offices are closed due to inclement weather
conditions. The COTR will notify the Contractor when early release of
Federal employees has been authorized.

The Contractor shall establish duty hours for Contractor employees in
accordance with each task requirements. USPTO shall not be liable for
costs incurred as a result of Contractor performance when administrative
leave has been granted to USPTO. The Contractor shall comply with the
U.S. Government holidays; therefore, the USPTO Campus is closed to the
Contractor\'s staff on the day(s) these holidays are observed.

It is the responsibility during the period of performance of this
contract that the prospective contractor obtains a calendar of Federal
Holidays. The Office of Personnel Management website has current
listings. **[The website is http://www.opm.gov/fedhol/]{.underline}**

**H.12. [ORGANIZATIONAL CONFLICT OF INTEREST]{.underline}**

The Contractor warrants that, to the best of the Contractor\'s knowledge
and belief, there are no relevant facts or circumstances which could
give rise to an organizational conflict of interest, as defined in FAR
Subpart 9.5, or that the Contractor has disclosed all such relevant
information.

The Contractor agrees that if an actual or potential organizational
conflict of interest is discovered after award, the Contractor will make
a full disclosure in writing to the Contracting Officer. This disclosure
shall include a description of actions, which the Contractor has taken
or proposes to take, after consultation with the Contracting Officer, to
avoid, mitigate, or neutralize the actual or potential conflict.

Remedies ‑ The Contracting Officer may terminate this contract for
convenience, in whole or in part, if it deems such termination necessary
to avoid an organizational conflict of interest. If the

Contractor was aware of a potential organizational conflict of interest
prior to award or discovered an actual or potential conflict after award
and did not disclose or misrepresented relevant information to the
Contracting Officer, the Government may terminate the contract for
default, debar the Contractor from Government contracting, or pursue
such other remedies as may be permitted by law or this contract.

The Contractor further agrees to insert provisions that shall conform
substantially to the language of this clause, including this paragraph
(d), in any subcontract or consultant agreement hereunder.

**H.13. [INSURANCE COVERAGE]{.underline}**

Pursuant to the clause \"Insurance ‑ Work on a Government Installation
(FAR 52.228‑5),\" the Contractor will be required to present evidence to
show, as a minimum, the amounts of insurance coverage indicated below:

Workers Compensation and Employers Liability. The Contractor is required
to comply with applicable Federal and State workers\' compensation and
occupational disease statutes. If occupational diseases are not
compensable under those statutes, they shall be covered under the
employer's liability section of the insurance policy, except when
contract operations are so commingled with a Contractor\'s commercial
operations that it would not be practical to require this coverage.
Employee's liability coverage of at least \$100,000 shall be required,
except in States with exclusive or monopolistic funds that do not permit
workers\' compensation to be written by private carriers.

General Liability. The Contractor shall have bodily injury liability
insurance coverage written on the comprehensive form of policy of at
least \$500,000 per occurrence.

Property Damage liability insurance shall be required in the amount of
\$10,000.

Automobile Liability. The Contractor shall have automobile liability
insurance written on the comprehensive form of policy. The policy shall
provide for bodily injury and property damage liability covering the
operation of all automobiles used in connection with performing the
contract. Policies covering automobiles operated in the United States
shall provide coverage of at least \$200,000 per person and \$500,000
per occurrence for bodily injury and \$20,000 per occurrence for
property damage.

Aircraft Public and Passenger Liability. When aircraft are used in
connection with performing the contract, the Contractor shall have
aircraft public and passenger liability insurance. Coverage shall be at
least \$200,000 per person and \$500,000 per occurrence for bodily
injury, other than passenger liability, and \$200,000 per occurrence for
property damage. Coverage for passenger liability bodily injury shall be
at least \$200,000multiplied by the number of seats or passengers,
whichever is greater.

**H.14. [KEY PERSONNEL]{.underline}**

The Contractor shall assign to this contract the following key
personnel:

Engagement Partner

Program Manager (Director)

Senior Manager

During the first ninety- (90) days of performance, the Contractor shall
make no substitutions of key personnel unless the substitution is
necessitated by illness, death, or termination of employment. The
Contractor shall notify the Contracting Officer within 15 calendar days
after the occurrence of any of these events and provide the information
required by the following paragraph below. After the initial 90‑day
period, the Contractor shall submit the information required by the
following paragraph to the Contracting Officer at least 15 days prior to
making any permanent substitutions.

The Contractor shall provide a detailed explanation of the circumstances
necessitating the proposed substitutions, complete résumés for the
proposed substitutes, and any additional information requested by the
Contracting Officer. Proposed substitutes should have comparable
qualifications to those of the persons being replaced. The Contracting
Officer will notify the Contractor within 15 calendar days after receipt
of all required information of the decision on substitutions. The
contract will be modified to reflect any approved changes of key
personnel.

**H.15. [SUPERVISION OF CONTRACTOR\'S EMPLOYEE]{.underline}**

Personnel assigned to render services under this contract shall at all
times be employees of the Contractor or its subcontractor(s) and under
the direction and control of the Contractor. Notwithstanding any other
provisions of this contract, the Contractor shall at all times be
responsible for the supervision of its employees in the performance of
the services required hereunder.

Contractor personnel shall not at any time during the contract period be
employees of the U.S. Government.

**H.16. [WORKING FILES]{.underline}**

The Contractor shall maintain accurate working files on all work
documentation including calculations, assumptions, interpretations of
regulations, sources of information, and other raw data required in the
performance of this contract. The Contractor shall provide the
information contained in its working files upon request of the
Contracting Officer.

### H.17. [DUPLICATION AND DISCLOSURE OF CONFIDENTIAL DATA]{.underline}

Duplication or disclosure of confidential data provided by the PTO or to
which the Contractor will have access as a result of this contract is
prohibited. It is understood that throughout performance of the
contract, the Contractor may have access to confidential data, which is
the sole property of the PTO, as well as access to proprietary data,
which is the sole property of other than the contracting parties. The
Contractor hereby agrees to maintain the confidentiality of all such
data to which access may be gained throughout contract performance
whether title thereto vests in the PTO or otherwise. The Contractor
hereby agrees not to disclose said data, any interpretations thereof, or
data derivative therefrom, to unauthorized parties in contravention of
these provisions without prior written approval of the Contracting
Officer or the party in which title thereto is wholly vested. This
clause also applies to any subcontractors and consultants used by the
Contractor.

**H.18. [SECRECY AND USAGE OF PATENT INFORMATION]{.underline}**

Patent applications are required by law (35 U.S.C. 122) to be kept in
confidence. In addition pursuant to secrecy order provisions of 35
U.S.C. 181‑188, work under this contract may affect national security.
Information contained in any patent application file(s) are restricted
to authorized Contractor personnel having a need to know.

The Contractor acquires no right or privilege to use or disclose any
information contained in any patent file (in any form whatsoever) except
to perform the work under this contract. Further, the Contractor shall
not copyright or make any use or disclose whatsoever of any patent
information contained in any application or related copy or data
furnished the Contractor by the Government or obtained there from except
for performing the work procured under this contract.

Patent documents or copies of information contained therein, patent
applications and abandoned files, when furnished to the Contractor by
the PTO, shall be handled in accordance with the provisions of:

\(1\) 35 U.S.C. 122

\(2\) 18 U.S.C. 207(l)

\(3\) 37 U.S.C. 1.14

\(4\) 35 U.S.C. 181‑188

All personnel employed in data preparation work on this contract, or
otherwise having access to patent files or data or information
concerning the same shall take the following oath, or affirmation,
signed in writing:

> \"I do swear or affirm that I will preserve application for patents in
> secrecy, that I will not divulge any information concerning the same
> to unauthorized persons while employed in work under Contract
> DOC50‑PAPT‑06‑01028 or any time thereafter, and that I take this
> obligation freely, and without any mental reservation or purpose of
> evasion.\"

Each employee\'s signed oath, or affirmation, shall be retained in the
Contractor\'s files, subject to inspection by authorized Government
representatives.

Without advance notice, the Government shall have the right to inspect
the Contractor\'s premises, records, and work in process pertaining to
the secrecy of patent information.

Duplication of confidential material by the Contractor is forbidden
except as specified in this contract.

The Contractor shall transport all documents, film and all other
communications and storage media used in the performance of this
contract between the Contractor\'s work site and the PTO. This includes
pickup of work to be done from PTO offices and delivery of completed
work to designated PTO offices.

**H.19. [GOVERNMENT‑FURNISHED DATA]{.underline}**

The Government shall deliver to the Contractor, as may be requested,
Government‑furnished data during the performance of this contract.
Government‑furnished data will be delivered to the

Contractor as specified in each task order.

Title to Government‑furnished data shall remain in the Government, and
the Contractor shall use the Government‑furnished data only in
connection with this contract.

Upon completion or termination of this contract, the Contractor shall
return to the Government all Government‑furnished data in the same
condition as received

**H.20. [LIMITATION OF FUTURE CONTRACT AWARDS]{.underline}**

It is agreed by the parties to this contract that the Contractor will be
restricted in its future dealings with the PTO/Department of Commerce
(DOC) in the manner described below. Except as specifically provided in
this provision, the Contractor shall be free to compete for PTO/DOC
business on an equal basis with other individuals and organizations.

If the Contractor, under the terms of this contract or through the
performance of tasks pursuant to this contract is required to perform as
described in (1) or (2) below, the Contractor shall be ineligible to
participate in any resultant work as a prime or subcontractor on any
pending or ongoing requirement:

\(1\) Development of specifications and statements or work when such
specifications or statements of work are incorporated into a
solicitation or existing contract.

\(2\) Provision of technical evaluation of other Contractors\' offers or
products.

Such restrictions shall remain in effect for three (3) years following
the completion date of performance of the described services.

To the extent that the work under this contract requires access to
proprietary, business confidential, or financial data of others, and as
long as such data remains proprietary or confidential, the Contractor
shall protect such data from unauthorized use and disclosure and

agrees not to use it to compete with such individuals or organizations.

This clause also applies to any subcontractors and consultants of any
tier used by the Contractor.

**H.21. [DUPLICATION OF EFFORT]{.underline}**

The Contractor hereby certifies that costs for work to be performed
under this contract and any subcontracts hereunder are not duplicative
of any costs charged against any other Government contract, subcontract
or other Government source. The Contractor agrees to advise the
Contracting Officer, in writing, of any other Government contract or
subcontract it has performed or is performing which involves work
directly related to the purpose of this contract. The Contractor also
certifies and agrees that any and all work performed under this contract
shall be directly and exclusively for the use and benefit of the
Government, not incidental to any other work, pursuit, research or
purpose of the Contractor, whose responsibility it will be to account
for it accordingly.

**H.22. [ADVERTISING OF AWARD]{.underline}**

The Contractor agrees not to refer to awards in commercial advertising
in such manner as to state or imply that the services provided are
endorsed or preferred by the Federal Government, it is considered by the
Government to be superior to other services. Advertisements, press
releases, and publicity of a contract by a supplier shall not be made
without the prior express written permission of the Contracting Officer.

**H.23. [NOTICE TO THE GOVERNMENT OF DELAYS]{.underline}**

In the event the Contractor encounters difficulty in meeting performance
requirements, or when it anticipates difficulty in complying with the
contract delivery schedule or date, or whenever the Contractor has
knowledge that any actual or potential situation is delaying or
threatens to delay the timely performance of this contract, the
Contractor shall immediately notify the Contracting Officer and the
COTR, in writing, giving pertinent details, provided, however, that this
data shall be informational only in character and that this provision
shall not be construed as a waiver by the Government of any delivery
schedule or date or of any rights or remedies provided by law or under
this contract.

**H.24. [CAR 1352.239-73- SECURITY REQUIREMENTS FOR INFORMATION
TECHNOLOGY RESOURCES]{.underline}**

This clause is applicable to all contracts that include information
technology resources or services in which the Contractor must have
physical or electronic access to USPTO's sensitive or classified
information, which is contained in systems that directly support the
mission of the Agency. For purposes of this clause the term "Sensitive"
is defined by the guidance set forth in:

\(1\) The *DOC IT Security Program Policy and Minimum Implementation
Standards*
([http://www.osec.doc.gov/cio/itmhweb/itmhweb1.html)]{.underline};

\(2\) The Office of Management and Budget (OMB) [Circular A-130,
Appendix III]{.underline}, *Security of Federal Automated Information
Resources*, ([http://csrc.nist.gov/secplcy/a130app3.txt)]{.underline}
which states that there is a "presumption that all \[general support
systems\] contain some sensitive information."; and

\(3\) [The Computer Security Act of 1987]{.underline} (P.L. 100-235)
([http://www.epic.org/crypto/csa/csa.html)]{.underline}, including the
following definition of the term sensitive information "... any
information, the loss, misuse, or unauthorized access, to or
modification of which could adversely affect the national interest or
the, conduct of federal programs, or the privacy to which individuals
are entitled under section 552 a of title 5, Unites States Code (The
Privacy Act), but which has not been specifically authorized under
criteria established by an Executive Order or an Act of Congress to be
kept secret in the interest of national defense or foreign policy."

For purposes of this clause, the term "Classified" is defined by the
guidance set forth in:

\(1\) The *DOC IT Security Program Policy and Minimum Implementation
Standards, Section 3.3.1.4*
([http://www.osec.doc.gov/cio/itmhweb/itmhweb1.html)]{.underline}.

\(2\) The *DOC Security Manual, Chapter 18*
([http://www.osec.doc.gov/osy/)]{.underline}.

\(3\) Executive Order 12958, as amended, Classified National Security
Information. Classified or national security information is information
that has been specifically authorized to be protected from unauthorized
disclosure in the interest of national defense or foreign policy under
an Executive Order or Act of Congress.

Information technology resources include, but are not limited to,
hardware, application software, system software, and information (data).
Information technology services include, but are not limited to, the
management, operation (including input, processing, transmission, and
output), maintenance, programming, and system administration of computer
systems, networks, and telecommunications systems. The Contractor shall
be responsible for implementing sufficient Information Technology
security, to reasonably prevent the compromise of USPTO IT resources for
all of the contractor's systems that are interconnected with a USPTO
network or USPTO systems that are operated by the Contractor.

All Contractor personnel performing under this contract and Contractor
equipment used to process or store USPTO data, or to connect to USPTO
networks, must comply with the requirements contained in the USPTO IT
Security Handbook.

For all Contractor-owned systems for which performance of the contract
requires interconnection with a USPTO network or that USPTO data be
stored or processed on them, the Contractor Shall:

\(1\) Provide, implement, and maintain an IT Security Plan. This plan
shall describe the processes and procedures that will be followed to
ensure appropriate security of IT resources that are developed,
processed, or used under this contract. The plan shall describe those
parts of the contract to which this clause applies. The Contractor's IT
Security Plan shall comply with federal laws that include, but are not
limited to, the Computer Security Act of 1987 (40 U.S.C. 1441 *et seq*.)
and the Federal Information Security Management Act of 2002, Pub. L.
No.107-347, 116 Stat. 2899, 2946-2961 (2002); Pub. L. No. 107-296, 116
Stat. 2135, 2259-2273 (2002). 38 WEEKLY COMP. PRES. DOC. 51, 2174 (Dec.
23, 2002) (providing statement by President George W. Bush regarding
Federal Information Security Management Act of 2002). The plan shall
meet IT security requirements in accordance with Federal and USPTO
policies and procedures that include, but are not limited to:

OMB Circular A-130, *Management of Federal Information Resources*,
Appendix III, Security *of Federal Automated Information Resources*
([http://csrc.nist.gov/secplcy/a130app3.txt)]{.underline};

National Institute of Standards and Technology Special Publication
800-18, *Guide for Developing Security Plans for Information Technology
Systems*
([http://csrc.nist.gov/publications/nistpubs/800-18/Planguide.PDF)]{.underline};
and

DOC Procedures and Guidelines in the *Information Technology Management
Handbook*
([http://www.osec.doc.gov/cio/itmhweb/itmhweb1.html)]{.underline}*.*

National Industrial Security Program Operating Manual (NISPOM) for
classified systems ([http://www.dss.mil/isec/nispom.htm)]{.underline};
and

\(2\) Within 14 days after contract award, the contractor shall submit
for USPTO approval a System Certification and Accreditation package,
including the IT Security Plan and a system certification test plan, as
outlined in USPTO Certification and Accreditation Technical Standard and
Guideline. The Certification and Accreditation Package must be
consistent with and provide further detail for the security approach
contained in the Offeror\'s proposal or sealed bid that resulted in the
award of this contract and in compliance with the requirements stated in
this clause. The Certification and Accreditation Package, as approved by
the Contracting Officer, in consultation with the USPTO IT Security
Officer, shall be incorporated as part of the contract. USPTO will use
the incorporated IT Security Plan as the basis for certification and
accreditation of the contractor system that will process USPTO data or
connect to USPTO networks. Failure to submit and receive approval of the
Certification and Accreditation Package, as outlined above may result in
termination of the contract.

\(3\) The Contractor shall incorporate this clause in all subcontracts.

**H.25. [CAR 1352.239-74 SECURITY PROCESSING REQUIREMENTS FOR
CONTRACTORS /SUBCONTRACTOR PERSONNEL FOR ACCESSING USPTO AUTOMATED
INFORMATION SYSTEMS]{.underline}**

\(a\) Contractor personnel requiring any access to AISs operated by the
Contractor for USPTO or interconnected to a USPTO network to perform
contract services shall be screened at an appropriate level in
accordance with Commerce Acquisition Manual 1337.70, *Security
Processing Requirements for Service Contracts*. USPTO shall provide
screening using standard personnel screening forms, which the Contractor
shall submit to the USPTO Contracting Officer's Technical Representative
(COTR) based on the following guidance:

Contract personnel performing work designated Contract High Risk and
personnel performing work designated Contract Moderate Risk in the
information technology (IT) occupations and those with "global access"
to an automated information AIS require a favorable pre-employment check
before the start of work on the contract, regardless of the expected
duration of the contract. After a favorable pre-employment check has
been obtained, the Background Investigation (BI) for Contract High Risk
and the Minimum Background Investigation (MBI) for Contract IT Moderate
Risk positions must be initiated within three working days of the start
of work.

Contract personnel performing work designated Contract Moderate Risk who
are not performing IT-related contract work do not require a favorable
pre-employment check prior to their employment; however, the Minimum
Background Investigation (MBI) must be initiated within three working
days of the subject's start of work on the contract, regardless of the
expected duration of the contract.

Contract personnel performing work designated Contract Low Risk will
require a National Agency Check and Inquiries (NACI) upon the subject's
start of work on the contract if the expected duration of the contract
exceeds 365 calendar days. The NACI must be initiated within three
working days of the subject's start of work on the contract.

Contract personnel performing work designated Contract Low Risk will
require a Special Agreement Check (SAC) upon the subject's start of work
on the contract if the expected duration of the contract (including
options) exceeds 180 calendar days but is less than 365 calendar days.
The SAC must be initiated within three working days of the subject's
start of work on the contract.

Contract personnel performing work on contracts requiring access to
classified information must undergo investigative processing according
to the Department of Defense National Industrial Security Program
Operating Manual (NISPOM),
([http://www.dss.mil/isec/nispom.htm)]{.underline} and be granted
eligibility for access to classified information prior to beginning work
on the contract.

The security forms may be obtained from USPTO Office of Security. At the
option of the government, interim access to USPTO AISs may be granted
pending favorable completion of a pre-employment check. Final access may
be granted only on completion of an appropriate investigation based upon
the risk level assigned to the contract.

\(b\) Within 5 days of contract award, the Contractor shall certify in
writing to the COTR that its employees, in performance of the contract,
have completed annual IT security awareness training in USPTO IT
Security policies, procedures, computer ethics, and best practices, in
accordance with the USPTO Training Policy. The COTR will inform the
Contractor of any other available USPTO training resources.

\(c\) Within 5 days of contract award, the Contractor shall provide the
COTR with signed Nondisclosure Agreements as specified in Commerce
Acquisition Regulation (CAR), 1352.209-72, *Restrictions Against
Disclosures*.

\(d\) The Contractor shall afford USPTO, including the Office of
Inspector General, access to the Contractor's and subcontractor's
facilities, installations, operations, documentation, databases, and
personnel used in performance of the contract. Access shall be provided
to the extent required to carry out a program of IT inspection,
investigation, and audit to safeguard against threats and hazards to the
integrity, availability, and confidentiality of USPTO data or to the
function of computer AISs operated on behalf of USPTO, and to preserve
evidence of computer crime.

\(e\) The Contractor shall incorporate this clause in all subcontracts.

(NOTE: Low Risk contracts whose duration is less than 180 days do not
ordinarily require security processing. However, even though the
contract is short in duration, based on any unusual circumstances that
may exist, Special Agreement Checks (SACs) may be requested, at the
discretion of the Contracting Officer\'s Technical Representative (COTR)
and/or the USPTO Security Office.)

**H.26. HOMELAND SECURITY PRESIDENTIAL DIRECTIVE (HSPD-12) IN
CONTRACTS**

The performance of this contract requires contractors to have physical
access to Federal premises for more than 180 days or access to a Federal
information system. Any items or services delivered under this contract
shall comply with the Department of Commerce personal identity
verification procedures that implement HSPD-12, FIPS PUB 201, and OMB
Memorandum M-05-24. The Contractor shall insert this clause in all
subcontracts when the subcontractor is required to have physical access
to a Federally controlled facility or access to a Federal information
system.

**PART II -- CONTRACT CLAUSES**

**SECTION I -- CONTRACT CLAUSES**

**I.1. [CLAUSES INCORPORATED BY REFERENCE (FEB 1993) FAR
52.252-2]{.underline}**

This solicitation and any resultant contract incorporates one or more
clauses by reference, with the same force and effect as if they were
given in full text. Unless otherwise noted, all clauses bear the
effective date of April 1984. Upon request, the Contracting Officer will
make their full text available. Also, the full text may be accessed
electronically at these Internet addresses:
[http://acquisition.gov](http://acquisition.gov/) and
[http://www.gsa.gov](http://www.gsa.gov/).

**[FAR Clause No.]{.underline} [Clause Title]{.underline}**

52.202-1 [Definitions]{.underline} (JUL 2004)

52.203-3 [Gratuities]{.underline} (APR 1984)

52.203-5 [Covenant Against -- Contingent Fees]{.underline} (APR 1984)

52.203-6 [Restrictions on Subcontractor Sales to the
Government]{.underline} (JUL 1995)

52.203-7 [Anti-kickback Procedures]{.underline} (JUL 1995)

52.203-8 [Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity]{.underline} (JAN 1997)

52.203-10 [Price or Fee Adjustment for Illegal or Improper
Activity]{.underline} (JAN 1997)

52.203-11 [Certification and Disclosure Regarding Payments to Influence
Certain Federal Transactions]{.underline} (SEPT 2005)

52.203-12 [Limitation on Payments to Influence Certain Federal
Transactions]{.underline} (SEPT 2005)

52.204-4 [Printed or Copied Double-sided on Recycled Paper]{.underline}
(AUG 2000)

52.204-6 [Data Universal Numbering System (DUNS) Number]{.underline}
(OCT 2003)

52.204-7 [Central Contractor Registration]{.underline} (OCT 2003)

52.204-9 [Personal Identity Verification of Contractor
Personnel]{.underline} (JAN 2006)

52.215-2 [Audit and Records -- Negotiation]{.underline} (JUN 1999)

52.215-8 [Order of Precedence -- Uniform Contract Format]{.underline}
(OCT 1997)

52.215-14 [Integrity of Unit Prices]{.underline} (OCT 1997)

52.222-3 [Convict Labor]{.underline} (JUN 2003)

52.222-19 [Child Labor -- Cooperation with Authorities and
Remedies]{.underline} (JAN 2006)

52.222-26 [Equal Opportunity]{.underline} (APR 2002)

52.222-35 [Affirmative Action for Special Disabled Veterans and Veterans
of the]{.underline} [Vietnam Era]{.underline} (DEC 2001)

52.222-36 [Affirmative Action for Workers with Disabilities]{.underline}
(JUN 1998)

52.222-37 [Employment Reports on Disabled Veterans, Veterans of the
Vietnam Era and Other Eligible Veterans]{.underline} (DEC 2001)

52.222-38 [Compliance with Veterans' Employment Reporting
Requirements]{.underline} (DEC 2001)

52.222-39 [Notification of Employee Rights Concerning Payment of Union
Dues Or Fees]{.underline} (DEC 2004)

52.222-50 [Combating Trafficking in Persons]{.underline} (APR 2006)

52.223-6 [Drug-Free Workplace]{.underline} (MAY 2001)

52.223-10 [Waste Reduction Program]{.underline} (AUG 2000)

52.224-2 [Privacy Act]{.underline} (APR 1984)

52.232-7 [Payments under Time-and-Materials and Labor-Hour
Contracts]{.underline} (AUG 2005)

52.232-11 [Extras]{.underline} (APR 1984)

17. [Interest]{.underline} (JUN 1996)

18. [Availability of Funds]{.underline} (APR 1984)

52.232-23 [Assignment of Claims]{.underline} (JAN 1986)

52.232-33 [Payment by Electronic Funds Transfer -- Central Contractor
Registration]{.underline} (OCT 2003)

52.233-1 [Disputes]{.underline} (JUL 2002)

52.233-3 [Protest After Award]{.underline} (AUG 1996)

52.233-4 [Applicable Law for Breach of Contract]{.underline} (OCT 2004)

52.237-3 [Continuity of Services]{.underline} (JAN 1991)

52.242-13 [Bankruptcy]{.underline} (JUL 1995)

4.  [Changes]{.underline} (AUG 1987)

52.245-5 [Government Property (Labor-Hour Contracts)]{.underline}
(MAY 2004)

52.249-6 [Termination for Convenience (Cost-Reimbursement)]{.underline}
*Alternate IV* (SEP 1996)

14. [Excusable Delays]{.underline} (APR 1984)

52.219-14 [Limitations on Subcontracting (DEC 1996)]{.underline}

**CLAUSES INCORPORATED IN FULL TEXT**

**I.2. [52.217-8 Option to Extend Services (NOV 1999)]{.underline}**

The Government may require continued performance of any services within
the limits and at the rates specified in the contract. These rates may
be adjusted only as a result of revisions to prevailing labor rates
provided by the Secretary of Labor. The option provision may be
exercised more than once, but the total extension of performance
hereunder shall not exceed 6 months. The Contracting Officer may
exercise the option by written notice to the Contractor within 60 days
prior to the termination of the contract.

**I.3. [52.217-9 Option to Extend the Term of the Contract
(Mar 2000)]{.underline}**

The Government may extend the term of this contract by written notice to
the Contractor within [30]{.underline} days of contract expiration;
provided that the Government gives the Contractor a preliminary written
notice of its intent to extend within [60]{.underline} days before the
contract expires. The preliminary notice does not commit the Government
to an extension.

If the Government exercises this option, the extended contract shall be
considered to include this option clause.

The "effective period of the contract" clause for each respective option
period is as follows:

  ---------------------------------- ---------- ---------------- ------- ----------------
  BASE YEAR -- LOT I                 **POP:**   **12/01/2006**   **-**   **01/31/2008**

  **OPTION YEAR I -- LOT II**        **POP:**   **02/01/2008**   **-**   **01/31/2009**

  **OPTION YEAR II -- LOT III**      **POP:**   **02/01/2009**   **-**   **01/31/2010**

  **OPTION YEAR III -- LOT IV**      **POP:**   **02/01/2010**   **-**   **01/31/2011**

  **OPTION YEAR IV -- LOT V**        **POP:**   **02/01/2011**   **-**   **01/31/2012**
  ---------------------------------- ---------- ---------------- ------- ----------------

The total duration of this contract, including the exercise of any
options under this clause, shall not exceed [68]{.underline} months.

**I.4. [SECTION 8(a) DIRECT AWARDS (PTO-7)]{.underline}**

\(a\) This contract is issued as a direct award between the contracting
activity and the 8(a) contractor pursuant to the Memorandum of
Understanding between the Small Business Administration (SBA) and the
USPTO. SBA does retain responsibility for 8(a) certification, 8(a)
eligibility determinations and related issues, and providing counseling
and assistance to the 8(a) contractor under the 8(a) program. The
cognizant SBA district office is:

\[To be completed by the Contracting Officer at the time of award\]

\(b\) The contracting activity is responsible for administering the
contract and taking any action on behalf of the Government under the
terms and conditions of the contract. However, the contracting activity
shall give advance notice to the SBA before it issues a final notice
terminating performance, either in whole or in part, under the contract.
The contracting activity shall also coordinate with SBA prior to
processing any novation agreement. The contracting activity may assign
contract administration functions to a contract administration office.

\(c\) The contractor agrees:

\(1\) to notify the Contracting Officer, simultaneous with its
notification to the SBA (as required by the SBA's 8(a) regulations),
when the owner or owners upon whom 8(a) eligibility is based plan to
relinquish ownership or control of the concern. Consistent with 15
U.S.C. 637(a)(21), transfer of ownership or control shall result in the
termination of the contract for convenience, unless SBA waives the
requirement for termination prior to the actual relinquishing of
ownership and control.

\(2\) it will adhere to the requirements of 52.219-14, Limitations on
Subcontracting.

(End of Clause)

**I.5. [52.219-18  Notification of Competition Limited to Eligible 8(a)
Concerns (June 2003)]{.underline}**

\(a\) Offers are solicited only from small business concerns expressly
certified by the Small Business Administration (SBA) for participation
in the SBA's 8(a) Program and which meet the following criteria at the
time of submission of offer---

\(1\) The Offeror is in conformance with the 8(a) support limitation set
forth in its approved business plan; and

\(2\) The Offeror is in conformance with the Business Activity Targets
set forth in its approved business plan or any remedial action directed
by the SBA.

\(b\) By submission of its offer, the Offeror represents that it meets
all of the criteria set forth in paragraph (a) of this clause.

\(c\) Any award resulting from this solicitation will be made to the
Small Business Administration, which will subcontract performance to the
successful 8(a) offeror selected through the evaluation criteria set
forth in this solicitation.

(d)(1) *Agreement*. A small business concern submitting an offer in its
own name shall furnish, in performing the contract, only end items
manufactured or produced by small business concerns in the United States
or its outlying areas. If this procurement is processed under simplified
acquisition procedures and the total amount of this contract does not
exceed \$25,000, a small business concern may furnish the product of any
domestic firm. This paragraph does not apply to construction or service
contracts.

\(2\) The \_\_\_\_\_\_\_\_\_\_\_\_ \[*insert name of SBA\'s
contractor*\] will notify the \_\_\_\_\_\_\_\_\_\_\_\_ \[*insert name of
contracting agency*\] Contracting Officer in writing immediately upon
entering an agreement (either oral or written) to transfer all or part
of its stock or other ownership interest to any other party.

(End of clause)

**SECTION J -- LIST OF ATTACHMENTS**

**J.1. [No Attachments ]{.underline}**

**[PART IV -- REPRESENTATIONS AND INSTRUCTIONS]{.underline}**

**SECTION K - REPRESENTATIONS AND CERTIFICATIONS AND OTHER STATEMENTS OF
OFFERORS**

**K.1. [Certification and Disclosure Regarding Payments to Influence
Certain Federal Transactions (Sept 2005) 52.203-11]{.underline}**

\(a\) The definitions and prohibitions contained in the clause, at
FAR 52.203-12, Limitation on Payments to Influence Certain Federal
Transactions, included in this solicitation, are hereby incorporated by
reference in paragraph (b) of this certification.

\(b\) The offeror, by signing its offer, hereby certifies to the best of
his or her knowledge and belief that on or after December 23, 1989---

\(1\) No Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress on his or her behalf in
connection with the awarding of this contract;

\(2\) If any funds other than Federal appropriated funds (including
profit or fee received under a covered Federal transaction) have been
paid, or will be paid, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress
on his or her behalf in connection with this solicitation, the offeror
shall complete and submit, with its offer, OMB standard form LLL,
Disclosure of Lobbying Activities, to the Contracting Officer; and

\(3\) He or she will include the language of this certification in all
subcontract awards at any tier and require that all recipients of
subcontract awards in excess of \$100,000 shall certify and disclose
accordingly.

\(c\) Submission of this certification and disclosure is a prerequisite
for making or entering into this contract imposed by section 1352,
Title 31, United States Code. Any person who makes an expenditure
prohibited under this provision or who fails to file or amend the
disclosure form to be filed or amended by this provision, shall be
subject to a civil penalty of not less than \$10,000, and not more than
\$100,000, for each such failure.

**K.2. [Taxpayer Identification (Oct [1998)
52.204-3]{.smallcaps}]{.underline}**

\(a\) *Definitions*.

"Common parent," as used in this provision, means that corporate entity
that owns or controls an affiliated group of corporations that files its
Federal income tax returns on a consolidated basis, and of which the
offeror is a member.

"Taxpayer Identification Number (TIN)," as used in this provision, means
the number required by the Internal Revenue Service (IRS) to be used by
the offeror in reporting income tax and other returns. The TIN may be
either a Social Security Number or an Employer Identification Number.

\(b\) All offerors must submit the information required in
paragraphs (d) through (f) of this provision to comply with debt
collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting
requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing
regulations issued by the IRS. If the resulting contract is subject to
the payment reporting requirements described in Federal Acquisition
Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish
the information may result in a 31 percent reduction of payments
otherwise due under the contract.

\(c\) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror's relationship with the
Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject
to the payment reporting requirements described in FAR 4.904, the TIN
provided hereunder may be matched with IRS records to verify the
accuracy of the offeror's TIN.

\(d\) *Taxpayer Identification Number (TIN)*.

\[ \]  TIN:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\[ \]  TIN has been applied for.

\[ \]  TIN is not required because:

\[ \]  Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the United States and does not have an
office or place of business or a fiscal paying agent in the United
States;

\[ \] Offeror is an agency or instrumentality of a foreign government;

\[ \]  Offeror is an agency or instrumentality of the Federal
Government.

\(e\) *Type of organization*.

\[ \]  Sole proprietorship;

\[ \]  Partnership;

\[ \]  Corporate entity (not tax-exempt);

\[ \]  Corporate entity (tax-exempt);

\[ \]  Government entity (Federal, State, or local);

\[ \]  Foreign government;

\[ \]  International organization per 26 CFR 1.6049-4;

\[ \]  Other
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\(f\) *Common parent*.

\[ \]  Offeror is not owned or controlled by a common parent as defined
in paragraph (a) of this provision.

\[ \]  Name and TIN of common parent:

Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TIN \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**K.3. [Data Universal Numbering System (DUNS) Number (Oct 2003) FAR
52.204-6]{.underline}**

\(a\) The offeror shall enter, in the block with its name and address on
the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed
by the DUNS number or "DUNS+4" that identifies the offeror's name and
address exactly as stated in the offer. The DUNS number is a nine-digit
number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS
number plus a 4-character suffix that may be assigned at the discretion
of the offeror to establish additional CCR records for identifying
alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11)
for the same parent concern.

\(b\) If the offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one.

\(1\) An offeror may obtain a DUNS number---

\(i\) If located within the United States, by calling Dun and Bradstreet
at 1-866-705-5711 or via the Internet at
[[http://www.dnb.com]{.underline}](http://www.dnb.com/); or

\(ii\) If located outside the United States, by contacting the local Dun
and Bradstreet office.

\(2\) The offeror should be prepared to provide the following
information:

\(i\) Company legal business name.

\(ii\) Tradestyle, doing business, or other name by which your entity is
commonly recognized.

\(iii\) Company physical street address, city, state and ZIP Code.

\(iv\) Company mailing address, city, state and ZIP Code (if separate
from physical).

\(v\) Company telephone number.

\(vi\) Date the company was started.

\(vii\) Number of employees at your location.

\(viii\) Chief executive officer/key manager.

\(ix\) Line of business (industry).

\(x\) Company Headquarters name and address (reporting relationship
within your entity).

**K.4. [Annual Representations and Certifications (Jan 2006) FAR
52.204-8]{.underline}**

\(a\) (1) The North American Industry Classification System (NAICS) code
for this acquisition is [541211]{.underline}.

> \(2\) The small business size standard is \$[7.5]{.underline} million.
>
> \(3\) The small business size standard for a concern which submits an
> offer in its own name, other than on a construction or service
> contract, but which proposes to furnish a product which it did not
> itself manufacture, is 500 employees.
>
> \(b\) (1) If the clause at 52.204-7, Central Contractor Registration,
> is included in this solicitation, paragraph (c) of this provision
> applies.
>
> \(2\) If the clause at 52.204-7 is not included in this solicitation,
> and the offeror is currently registered in CCR, and has completed the
> ORCA electronically, the offeror may choose to use paragraph (c) of
> this provision instead of completing the corresponding individual
> representations and certifications in the solicitation. The offeror
> shall indicate which option applies by checking one of the following
> boxes:
>
> \[  \] (i) Paragraph (c) applies.
>
> \[  \] (ii) Paragraph (c) does not apply and the offeror has completed
> the individual representations and certifications in the solicitation.
>
> \(c\) The offeror has completed the annual representations and
> certifications electronically via the Online Representations and
> Certifications Application (ORCA) website at
> [[http://orca.bpn.gov]{.underline}](http://orca.bpn.gov/). After
> reviewing the ORCA database information, the offeror verifies by
> submission of the offer that the representations and certifications
> currently posted electronically have been entered or updated within
> the last 12 months, are current, accurate, complete, and applicable to
> this solicitation (including the business size standard applicable to
> the NAICS code referenced for this solicitation), as of the date of
> this offer and are incorporated in this offer by reference (see
> FAR 4.1201); except for the changes identified below \[*offeror to
> insert changes, identifying change by clause number, title, date*\].
> These amended representation(s) and/or certification(s) are also
> incorporated in this offer and are current, accurate, and complete as
> of the date of this offer.

  -----------------------------------------------------------------------------------------------
          FAR Clause #          Title             Date        Change

        \_\_\_\_\_\_\_\_\_\_\_\_        \_\_\_\_\_\_\_\_\_       \_\_\_\_\_      \_\_\_\_\_\_\_
  -----------------------------------------------------------------------------------------------

> Any changes provided by the offeror are applicable to this contract
> only, and do not result in an update to the representations and
> certifications posted on ORCA.

**K.5. [Certification Regarding Debarment, Suspension, Proposed
Debarment, and Other Responsibility Matters (Dec 2001) FAR
52.209-5]{.underline}**

(a)(1) The Offeror certifies, to the best of its knowledge and belief,
that---

\(i\) The Offeror and/or any of its Principals---

\(A\) Are \[ \] are not \[ \] presently debarred, suspended, proposed
for debarment, or declared ineligible for the award of contracts by any
Federal agency;

\(B\) Have \[ \] have not \[ \], within a three-year period preceding
this offer, been convicted of or had a civil judgment rendered against
them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, state,
or local) contract or subcontract; violation of Federal or state
antitrust statutes relating to the submission of offers; or commission
of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, tax evasion, or receiving stolen
property; and

\(C\) Are \[ \] are not \[ \] presently indicted for, or otherwise
criminally or civilly charged by a governmental entity with, commission
of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this
provision.

\(ii\) The Offeror has \[ \] has not \[ \], within a three-year period
preceding this offer, had one or more contracts terminated for default
by any Federal agency.

\(2\) "Principals," for the purposes of this certification, means
officers; directors; owners; partners; and, persons having primary
management or supervisory responsibilities within a business entity
(*e.g., *general manager; plant manager; head of a subsidiary, division,
or business segment, and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an
Agency of the United States and the Making of a False, Fictitious, or
Fraudulent Certification May Render the Maker Subject to Prosecution
Under Section 1001, Title 18, United States Code.

\(b\) The Offeror shall provide immediate written notice to the
Contracting Officer if, at any time prior to contract award, the Offeror
learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.

\(c\) A certification that any of the items in paragraph (a) of this
provision exists will not necessarily result in withholding of an award
under this solicitation. However, the certification will be considered
in connection with a determination of the Offeror's responsibility.
Failure of the Offeror to furnish a certification or provide such
additional information as requested by the Contracting Officer may
render the Offeror nonresponsible.

\(d\) Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith,
the certification required by paragraph (a) of this provision. The
knowledge and information of an Offeror is not required to exceed that
which is normally possessed by a prudent person in the ordinary course
of business dealings.

\(e\) The certification in paragraph (a) of this provision is a material
representation of fact upon which reliance was placed when making award.
If it is later determined that the Offeror knowingly rendered an
erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting
from this solicitation for default.

**K.6. [Place of Performance (Oct 1997) FAR 52.215-6]{.underline}**

\(a\) The offeror or respondent, in the performance of any contract
resulting from this solicitation, \[ \]  intends, \[ \]  does not intend
\[*check applicable block*\] to use one or more plants or facilities
located at a different address from the address of the offeror or
respondent as indicated in this proposal or response to request for
information.

\(b\) If the offeror or respondent checks "intends" in paragraph (a) of
this provision, it shall insert in the following spaces the required
information:

  ------------------------------------------ ------------------------------------------------
  Place of Performance (Street Address,      Name and Address of Owner and Operator of the
  City, State, County, ZIP Code)             Plant or Facility if Other than Offeror or
                                             Respondent

                                             

                                             

                                             

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
  ------------------------------------------ ------------------------------------------------

**K.7. [Small Business Program Representations (May 2001) FAR
52.219-1]{.underline}**

(a)(1) The North American Industry Classification System (NAICS) code
for this acquisition is [541211]{.underline}.

\(2\) The small business size standard is \$7.5 million.

\(3\) The small business size standard for a concern which submits an
offer in its own name, other than on a construction or service contract,
but which proposes to furnish a product which it did not itself
manufacture, is 500 employees.

\(b\) Representations.

\(1\) The offeror represents as part of its offer that it \[ \]  is, \[
\]  is not a small business concern.

\(2\) \[*Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision*.\] The offeror
represents, for general statistical purposes, that it \[ \]  is, \[ \] 
is not, a small disadvantaged business concern as defined in
13 CFR 124.1002.

\(3\) \[*Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision*.\] The offeror
represents as part of its offer that it \[ \]  is, \[ \]  is not a
women-owned small business concern.

\(4\) \[*Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision*.\] The offeror
represents as part of its offer that it \[ \]  is, \[ \]  is not a
veteran-owned small business concern.

\(5\) \[*Complete only if the offeror represented itself as a
veteran-owned small business concern in paragraph (b)(4) of this
provision*.\] The offeror represents as part of its offer that it \[ \] 
is, \[ \] is not a service-disabled veteran-owned small business
concern.

\(6\) *\[Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision*.\] The offeror
represents, as part of its offer, that---

\(i\) It \[ \]  is, \[ \]  is not a HUBZone small business concern
listed, on the date of this representation, on the List of Qualified
HUBZone Small Business Concerns maintained by the Small Business
Administration, and no material change in ownership and control,
principal office, or HUBZone employee percentage has occurred since it
was certified by the Small Business Administration in accordance with
13 CFR Part 126; and

\(ii\) It \[ \]  is, \[ \]  is not a joint venture that complies with
the requirements of 13 CFR Part 126, and the representation in
paragraph (b)(6)(i) of this provision is accurate for the HUBZone small
business concern or concerns that are participating in the joint
venture. \[*The offeror shall enter the name or names of the HUBZone
small business concern or concerns that are participating in the joint
venture: \_\_\_\_\_\_\_\_\_\_*.\] Each HUBZone small business concern
participating in the joint venture shall submit a separate signed copy
of the HUBZone representation.

\(c\) *Definitions*. As used in this provision---

"Service-disabled veteran-owned small business concern"---

\(1\) Means a small business concern---

\(i\) Not less than 51 percent of which is owned by one or more
service-disabled veterans or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and

\(ii\) The management and daily business operations of which are
controlled by one or more service-disabled veterans or, in the case of a
service-disabled veteran with permanent and severe disability, the
spouse or permanent caregiver of such veteran.

\(2\) "Service-disabled veteran" means a veteran, as defined in
38 U.S.C. 101(2), with a disability that is service-connected, as
defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that
is independently owned and operated, not dominant in the field of
operation in which it is bidding on Government contracts, and qualified
as a small business under the criteria in 13 CFR Part 121 and the size
standard in paragraph (a) of this provision.

"Veteran-owned small business concern" means a small business concern---

\(1\) Not less than 51 percent of which is owned by one or more veterans
(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one
or more veterans; and

\(2\) The management and daily business operations of which are
controlled by one or more veterans.

"Women-owned small business concern" means a small business concern---

\(1\) That is at least 51 percent owned by one or more women; or, in the
case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more women; and

\(2\) Whose management and daily business operations are controlled by
one or more women.

\(d\) Notice.

\(1\) If this solicitation is for supplies and has been set aside, in
whole or in part, for small business concerns, then the clause in this
solicitation providing notice of the set-aside contains restrictions on
the source of the end items to be furnished.

\(2\) Under 15 U.S.C. 645(d), any person who misrepresents a firm's
status as a small, HUBZone small, small disadvantaged, or women-owned
small business concern in order to obtain a contract to be awarded under
the preference programs established pursuant to section 8(a), 8(d), 9,
or 15 of the Small Business Act or any other provision of Federal law
that specifically references section 8(d) for a definition of program
eligibility, shall---

\(i\) Be punished by imposition of fine, imprisonment, or both;

\(ii\) Be subject to administrative remedies, including suspension and
debarment; and

\(iii\) Be ineligible for participation in programs conducted under the
authority of the Act.

**K.8. [Previous Contracts and Compliance Reports (Feb 1999) FAR
52.222-22]{.underline}**

The offeror represents that---

\(a\) It \[ \]  has, \[ \]  has not participated in a previous contract
or subcontract subject to the Equal Opportunity clause of this
solicitation;

\(b\) It \[ \]  has, \[ \]  has not filed all required compliance
reports; and

\(c\) Representations indicating submission of required compliance
reports, signed by proposed subcontractors, will be obtained before
subcontract awards.

**K.9. [Affirmative Action Compliance (Apr 1984) FAR
52.222-25]{.underline}**

The offeror represents that---

\(a\) It \[ \]  has developed and has on file, \[ \]  has not developed
and does not have on file, at each establishment, affirmative action
programs required by the rules and regulations of the Secretary of Labor
(41 CFR 60-1 and 60-2); or

\(b\) It \[ \]  has not previously had contracts subject to the written
affirmative action programs requirement of the rules and regulations of
the Secretary of Labor.

**K.10. [Representation of Limited Rights Data and Restricted Computer
Software (May 1999) FAR 52.227-15]{.underline}**

\(a\) This solicitation sets forth the work to be performed if a
contract award results, and the Government's known delivery requirements
for data (as defined in FAR 27.401). Any resulting contract may also
provide the Government the option to order additional data under the
Additional Data Requirements clause at 52.227-16 of the FAR, if included
in the contract. Any data delivered under the resulting contract will be
subject to the Rights in Data---General clause at 52.227-14 that is to
be included in this contract. Under the latter clause, a Contractor may
withhold from delivery data that qualify as limited rights data or
restricted computer software, and deliver form, fit, and function data
in lieu thereof. The latter clause also may be used with its Alternates
II and/or III to obtain delivery of limited rights data or restricted
computer software, marked with limited rights or restricted rights
notices, as appropriate. In addition, use of Alternate V with this
latter clause provides the Government the right to inspect such data at
the Contractor's facility.

\(b\) As an aid in determining the Government's need to include
Alternate II or Alternate III in the clause at 52.227-14, Rights in
Data---General, the offeror shall complete paragraph (c) of this
provision to either state that none of the data qualify as limited
rights data or restricted computer software, or identify, to the extent
feasible, which of the data qualifies as limited rights data or
restricted computer software. Any identification of limited rights data
or restricted computer software in the offeror's response is not
determinative of the status of such data should a contract be awarded to
the offeror.

\(c\) The offeror has reviewed the requirements for the delivery of data
or software and states \[*offeror check appropriate block*\]---

\[ \]  None of the data proposed for fulfilling such requirements
qualifies as limited rights data or restricted computer software.

\[ \]  Data proposed for fulfilling such requirements qualify as limited
rights data or restricted computer software and are identified as
follows:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[Note:]{.smallcaps} "Limited rights data" and "Restricted computer
software" are defined in the contract clause entitled "Rights in
Data---General."

**SECTION L -- INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS**

# **L.1. DESCRIPTION** 

# 

# All responses shall reference solicitation no. **DOC52PAPT0701002**. This requirement is a 100% set- aside for a certified 8(a) small disadvantaged business concern. USPTO anticipates award on a competitive basis via a labor hour type contract with firm fixed price labor hour prices. The USPTO reserves the right to make multiple awards for this requirement. This is a competitive procurement, which has been designated as an 8(a) small disadvantaged business set‑aside utilizing NAICS 541211 with an annual size standard of \$7.5m. The total period of performance is for a 14-month base period with options to extend the contract for four additional one-year periods, not to exceed a total of five years. The only work authorized under this contract is work ordered by the government through the issuance of task orders. Work performed under this contract is subject to satisfactory negotiation of individual task orders. 

# 

# If an offeror wants to compete for the contract described in this request for proposal (RFP), then a proposal must be submitted that includes the following: (1) an offer, (2) information about the offerors past performance, and (3) résumés.

# 

When evaluating proposals (see section M), the USPTO will consider how
well the offeror complied with the instructions outlined in this
solicitation. The USPTO will consider any significant failure to comply
with these instructions to be indicative of what could be expected
during contract performance.

**L.2. [SUBMISSION OF PROPOSALS]{.underline}**

Each offeror must submit the following written information by the date
established for receipt of proposals:

**[OFFER:]{.underline}**

-   Signed and completed *SF 33, Solicitation, Offer, and Award (blocks
    12 through 18)*

-   Completed Pricing Schedule showing all proposed prices for each CLIN

-   Completed Representations & Certifications (Section K)

**[INFORMATION ABOUT OFFEROR'S CAPABILITY:]{.underline}**

-   Past Performance information

-   Résumés

Failure to provide this information or the furnishing of incomplete
information may result in a proposal not being considered for contract
award.

The following table provides a summary of the required written material:

+---------+---------------------------+-------------------------------+
| ##      | ### Contents              | ## Notes                      |
| Section |                           |                               |
+---------+---------------------------+-------------------------------+
| Section | Past Performance          | *15-page limit*               |
| 1       | Information               |                               |
+---------+---------------------------+-------------------------------+
| Section | Résumés                   |                               |
| 2       |                           |                               |
+---------+---------------------------+-------------------------------+
| Section | Completed Pricing         |                               |
| 3       | Schedule                  |                               |
+---------+---------------------------+-------------------------------+

**L.3. [OFFER]{.underline}**

The offer must consist of the following: (1) Signed and completed *SF
33* *(blocks 12 through 18)*, (2) Completed pricing schedule showing all
proposed firm fixed prices for each CLIN inserted in the appropriate
blank spaces, and (3) Completed Representations & Certifications.

The completion and submission to of the above information will
constitute your unconditional assent to the terms and conditions in this
solicitation. The acceptance of your offer by the USPTO will create a
binding contract.

The USPTO will not evaluate or otherwise entertain alternate or other
proposals that do not comply with to the terms of the RFP. If you (1)
fail to comply with the terms, (2) propose additional terms, (3) fail to
submit any of the information described in these instructions, then your
offer will be considered unacceptable, which will make you ineligible
for contract award.

The USPTO intends to award the contract without discussions. Please
contact the contracting officer before submitting *an alternate*
proposal or an offer that otherwise does not comply with the terms in
the RFP. The USPTO reserves the right to conduct discussions if they are
considered to be in the best interests of the Government.

**L.4. [PAST PERFORMANCE INFORMATION]{.underline}**

Offerors shall describe their past experience and performance in
providing work similar to the services described in section C of the
RFP. Offerors shall provide references on at least three Federal, state
or local government or private contracts under which work has been
performed that is similar to the work described in the scope of work in
section C. Past performance references should be current contracts or
completed within the last three years. Offerors shall include the names
of points of contact; current telephone number and email address for
each reference that will verify that they have performed work that is
similar in size and scope to the work described in this RFP. Offerors
shall make sure that reference information is up to date and that each
reference will cooperate with the USPTO. Offerors shall not give the
name of a reference unless they have made sure that the USPTO can reach
that reference at the telephone number, and email address provided, and
that they will provide the information that the government needs.

**L.5. [RÉSUMÉS]{.underline}**

Offerors shall provide information on the experience and qualifications
(résumés) of the individuals identified as Key Personnel as listed in
section H.16.

**L.6. [SUBMISSION REQUIREMENTS FOR INFORMATION ABOUT THE OFFEROR'S
CAPABILITY]{.underline}**

All proposal documents shall be submitted as outlined below:

-   15-page limit

-   paper form (one original and three (3) copies) on white, untextured
    paper;

-   one copy on a CD formatted for Microsoft Office 2000 (or newer);

-   page margins shall be one (1) inch on all sides;

-   the type for all proposal documents shall be black;

-   the font shall be 12 pt size;

The electronic copy shall exactly match print versions of the submitted
documents. In the event of discrepancies between the two, printed
documents take precedence. The electronic copy shall be accompanied by a
printed inventory that identifies all the file contents and their
electronic formats. In addition, the electronic file shall be labeled
with your company\'s name, RFP number, and submission date. Failure to
submit proposals in compliance with these requirements may result in a
determination that the proposal is non-compliant, which may eliminate
the proposal from further consideration.

Submission of proposals, modifications or withdrawals of proposals shall
not be accepted by facsimile or E-mail. Documents shall be delivered as
a single package and be marked with the Solicitation No.
DOC52PAPT0701002 on the outside of the package.

**All proposal documents shall be received no later than 2:00 p.m.,
Eastern Standard Time (EST), November 29^th^, 2006.**

**IMPORTANT:** Depending on the mode of delivery, Offerors\' responses
should be addressed as follows:

[U.S. Postal Service]{.underline} [**\***Hand carried, Courier, or
Non-USPS Mail Service]{.underline}

U.S. Patent and Trademark Office U.S. Patent and Trademark Office

Attn: Paul L. Brinckhaus Attn: Paul L. Brinckhaus

Office of Procurement Office of Procurement

Mail Stop 6 Madison East

PO BOX 1450 7^th^ Floor, Corridor C, Room 49

Alexandria, VA 22313-1450 600 Dulany St.

Alexandria, VA 22313-1450

When proposals are hand-carried or sent by courier service, the Offeror
assumes the full responsibility for insuring that the proposals are
received by the date and time specified above.

**\*The right of ingress and egress to and from USPTO facilities for
Contractor personnel is controlled by security. Therefore, Offerors are
responsible for allowing sufficient time to be processed through
security to ensure that USPTO's Office of Procurement receives its
proposals by the time and date specified above.**

**L.7. [QUESTIONS AND RESPONSES]{.underline}**

All questions pertaining to the RFP shall be submitted
[electronically]{.underline} to paul.Brinckhaus@uspto.gov Questions must
identify the author and company name. All questions and responses
pertaining to the RFP will be published and made available at
http://www.uspto.gov/web/offices/ac/comp/proc/currproj.htm. The identity
of the author and associated company name that submitted the question
will not be published. All questions regarding the RFP are due by [2:00
p.m.]{.underline} EST. November 10, 2006. Receipt of late questions will
**[NOT]{.underline}** result in an extension to the proposal due date,
nor can the USPTO guarantee that a response will be provided before the
proposal due date.

The USPTO requires the e-mail address of each company submitting a
proposal in response to this RFP. Correspondence concerning this RFP may
be conducted by e-mail. The e-mail address may be placed in any cover
letter that accompanies the proposal.

**OFFERORS ARE SPECIFICALLY INSTRUCTED TO CONTACT ONLY THE PERSON IN
BLOCK 10 OF THE SF33 ABOUT ANY ASPECT OF THIS REQUIREMENT PRIOR TO
CONTRACT AWARD.**

**[SECTION M - Evaluation Factors for Award]{.underline}**

**M.1. [EVALUATION]{.underline}**

The USPTO will award a contract resulting from this solicitation to the
responsible offeror or offerors whose offer conforming to the
solicitation represents the best value and will be most advantageous to
the Government, price and other factors considered. An offer must be
acceptable in order for the offeror to be eligible for award. The USPTO
will not award a contract on the basis of an unacceptable offer. The
following factors shall be used to evaluate proposals: (1) price, (2)
past performance information and (3) résumés. Past performance
information and résumés are significantly more important than price.
However, the relative influence that any of the factors will have on the
source selection decision will depend on the differences among the
competitors.

In making the source selection decision(s), we will rank the competing
proposals from best to worst by making a series of paired comparisons,
making tradeoffs between the differences in the non-price factors and
the differences in price.

If a proposal is better in terms of non-price factors and has the lower
price, then we will consider that offeror to be the better value.

If a proposal is better in terms of non-price factors but has the higher
price, we will determine whether the differences in the non-price
factors are worth the difference in price. If we consider the
differences in non-price factors to be worth the difference in price,
then we will consider the proposal with the higher price to be the
better value. If not, we will consider the offeror with the lower price
to be the better value.

We will continue to make paired comparisons in this way until we have
identified which proposal represents the best value.

**The assessment of the offeror's past performance and résumés will be
used as a means of evaluating the relative capability of the offeror to
successfully meet the requirements of the solicitation.**

**M.2. [PAST PERFORMANCE INFORMATION]{.underline}**

Past Performance is a measure of the degree to which an offeror has
satisfied its customers in the past and complied with federal, state,
and local laws and regulations. Our assessment of your past performance
will be subjective and based on your reputation with your customers and
others, and on our analysis of official and public records. The USPTO
may contact an offeror\'s customers to ask whether or not they believe
that the offeror: (1) was capable, efficient, and effective; (2)
conformed to the terms and conditions of its contract; (3) was
reasonable and cooperative during performance; (4) was committed to
customer satisfaction and (5) performed services within quoted prices.
In evaluating past performance, the USPTO may contact some of the
references provided by the offeror and other sources of information. The
USPTO may consider the past performance of the offeror\'s proposed key
subcontractors. If adverse past performance information is received
about an offeror, the offeror will be given an opportunity to respond to
this information. The offeror\'s response will be considered prior to
the assignment of a final past performance rating.

**M.3. [RÉSUMÉS]{.underline}**

Résumés of key personnel will be evaluated to assess and evaluate the
qualifications and type of personnel employed by the Offeror to perform
services of the proposed contract. The USPTO will assess the
understanding of requirements by the individuals proposed in résumés.

If held, the USPTO will evaluate oral presentations to further test the
offeror's knowledge of the requirements of the prospective contract and
analyze the likelihood of the offeror's ability to fulfill all
requirements of the contract within their proposed prices.

**M.4. [PRICING ]{.underline}**

Price will be evaluated by multiplying line item unit prices by the
estimated quantities to obtain subtotals for each line item. The
subtotals for each line item will be summed to obtain a total price for
the period of performance. This will be done for each period of
performance. The sum of the total prices for each period of performance
will be the total evaluated price.

**M.5. [TRADE-OFF PROCESS AND CONTRACT AWARD ]{.underline}**

The USPTO will award a contract resulting from this solicitation to the
responsible offeror whose offer conforming to the solicitation
represents the best value and will be most advantageous to the
Government, price and other factors considered. The USPTO reserves the
right to trade-off between price and non-price factors and award the
contract to other than the lowest priced offeror.

The USPTO reserves the right to amend the terms of this RFP at any time
prior to the source selection decision. If so, offerors will have an
opportunity to modify their offers.

### M.6. [ORAL PRESENTATIONS]{.underline}

The USPTO reserves the right to request oral interviews (oral
presentations) to assess the understanding of the requirements by the
individuals proposed in résumés. Upon analysis of the Offer and Past
performance information, and if oral presentations are needed, the
Government will limit the number of offerors that make oral
presentations to those offerors deemed most likely to be considered for
award.

If oral presentations are held, the Contracting Officer will notify each
offeror of the date, time, and location of its oral presentation.
Information communicated in the oral presentation will not become a part
of any contract resulting from this solicitation. Oral presentations are
[not]{.underline} considered discussions.

### M.7. [AWARD WITHOUT DISCUSSIONS]{.underline}

The USPTO intends to evaluate proposals and award a contract without
discussions with Offerors. Therefore, the Offeror\'s initial proposal
should contain the Offeror\'s best terms from a price, past performance
information, and resume standpoint. The Government reserves the right to
conduct discussions if the Contracting Officer later determines them to
be necessary. In accordance with the Patent and Trademark Office
Acquisition Guidelines (PTAG) if discussions are deemed necessary, the
Government will limit the competitive range to the three (3) highest
evaluated Offerors. Also, in accordance with the PTAG, the USPTO
Contracting Officer may conduct discussions with only the highest ranked
Offeror based on the evaluation factors set forth in the solicitation.
If the USPTO Contracting Officer is unable to reach agreement with this
Offeror, discussions will be initiated with the next highest-ranked
firm. This process will continue until those firms remaining in the
competitive range have been considered. If agreement cannot be reached,
discussions may be re-opened with all firms in the competitive range or
the solicitation may be canceled.

**An electronic version of the PTAG may be accessed at**
(http://www.uspto.gov/web/offices/ac/comp/proc/toc.htm),