THIS IS A NOTICE OF INTENT, NOT A SOLICITATION FOR COMPETITIVE PROPOSALS. A SOLICITATION DOCUMENT WILL NOT BE ISSUED AND PROPOSALS WILL NOT BE REQUESTED. The National Institutes of Health intends to negotiate on a sole source basis with: Birch, Stewart, Kolasch & Birch, LLP Contract # HHSN263200700008I 12770 High Bluff Drive, Suite 260 San Diego, California 92130 Edwards Angell Palmer & Dodge LLP Contract # HHSN263200700009I 111 Huntington Avenue Boston, MA 02199-7613 Klarquist Sparkman, LLP Contract # HHSN263200700007I 121 SW Salmon Street, Suite 1660 Portland, OR 97204 Knobbe, Martens, Olsen & Bear, LLP Contract # HHSN263200700010I 550 West C Street, Suite 1200 San Diego, CA 92101 Berenato, White, & Stavish, LLC. Contract # HHSN263200700012I 6550 Rock Spring Drive, Suite 240 Bethesda, MD 20817 Leydig, Voit & Mayer, LTD Contract # HHSN263200700011I Two Prudential Plaza, Suite 4900 Chicago, IL 60601 Merchant & Gould Contract # HHSN263200700013I 3200 IDS Center, 80 S. Eighth St. Minneapolis, MN 55402 Needle & Rosenberg Contract # HHSN263200700014I 999 Peachtree Street, Suite 1000 Atlanta, GA 30309-3915 Schwegman, Lundberg, Woessner, & Kluth Contract # HHSN263200700015I 1600 TCF Tower, 121 S. Eighth Street Minneapolis, MN 55402 Townsend & Townsend & Crew Contract # HHSN263200700016I 2 Embarcadero Center, 8th Floor San Francisco, CA 94111 Venable, Baetjer, Howard, & Civiletti, LLP Contract # HHSN263200700017I 575 7th Street, NW Washington, DC 20004 Woodcock Washburn LLP Contract # HHSN263200700019I Cira Centre, 12th Floor 2929 Arch Street Philadelphia, PA 19104-2891 These contracts provide patent-related services including patent searches, patent prosecution, infringement and interference services and licensing consultation to the National Institutes of Health (NIH), Office of Technology Transfer (OTT). This sole source is to prevent a lapse in service for roughly a six month period (estimated July, 26 2008 through January 25, 2009) during negotiation and award of multiple contracts under RFP# 263-2006-P(GM)-0247 for Patent Legal Services which was posted to www.fbo.gov on March 2, 2007. This action is under the authority 41 U.S.C. 253(c)(1) as set forth in FAR 6.302-1 as it is impracticable to seek competition for the roughly six month period while negotiations under RFP #263-2006-P(GM)-0247 are ongoing. Only the current contractors are uniquely qualified to perform the services required within the six month period. Based on the complexity and level of detail involved in dealing with these cases, it is not feasible for new contractors to assume responsibility for the patent case load for such a brief period of time and meet the deadlines necessary for filing with the USPTO and foreign entities. The OTT active patent prosecution docket is in excess of 1,300 cases and the OTT issues thousands of task orders for these cases that are in various stages of the patent application process or prosecution. The transfer of cases to new vendors will take a minimum of one month and then, in all likelihood, will have to be transferred just a few weeks after to new contractors receiving awards under RFP 263-2006-P(GM)-0247. For example, the transfer of files could take between six weeks to three months, providing a new bridge acquisition vendor only a few weeks to handle work before transferring cases to the awardees under RFP 263-2006-P(GM)-0247 if the second transfer of files is less than three months. Between the time for transfer of cases, the vendors would not be able to go through the conflict of interest process, proceed with the docketing procedures in an efficient manner to determine the prosecution stage, get up to speed on billing procedures, inventors and new technology as well as review the entire family of applications and determine which of the key personnel in the firm is best to handle the work. This process is time consuming and must take place before actual work can begin. RFP 263-2006-P(GM)-0247 has an orientation required on site at OTT for all awardees. It is not possible for the government to provide an extensive orientation for new vendors during this bridge acquisition period. Interruption of service would result in significant harm to the U.S. Government in the loss of intellectual property rights in the United States and foreign countries in connection with multiple patent cases. This is not a solicitation for competitive proposals. However, if any other interested party believes that it can meet the requirements, it may submit a statement of capabilities. The capability statement and any other information furnished must be in writing, and must contain material in sufficient detail to allow the Government to determine if the party can meet all of the requirements of the Statement of Work and the terms and conditions of the current bridge contracts. Capability statements and related materials must be received by the Contract Specialist no later than July 21, 2008, at 10:00 AM Eastern Time. Written responses received after July 21, 2008, 10:00 AM Eastern Time will not be accepted. A determination by the Government not to compete this proposed contract based on responses to this notice is solely within the discretion of the Government. The information received will be considered solely for the purpose of determining whether to conduct a competitive procurement. Address responses to the attention of Erin Flynn at the National Institutes of Health, Office of Acquisitions via email at
contact@example.gov.
