The United States Patent and Trademark Office (USPTO) has a requirement for Continuous Authorization to Operate (cATO)(designated NAICS Code 541519) for a 12-month base period and four (4) 12-month options, beginning on the date of award. The anticipated award date is September 30, 2024.

USPTO is exempt from the Competition in Contracting Act under the Patent and Trademark Office Efficiency Act, 35 U.S.C. 2(b)(4)(A) and the subject requirement is being procured using the Alternative Competition Method, as described in the Patent and Trademark Office Acquisition Guidelines (PTAG).

In accordance with the PTAG, the USPTO publicized this requirement on February 2, 2024 through a Sources Sought notice (280-EIPL-0970) and the results allowed the agency to select a number of vendors that it considers are the most likely to successfully meet the agency’s needs.

As stated in RFI #280-EIPL-0970, “After each stage, USPTO’s CO and COR will determine if the subsequent stage is necessary. If after Stage One or any subsequent stage’s review and analysis of the market research information, the CO and COR determine that sufficient information has been gathered, the USPTO, may determine which vendor(s) is/are the most likely to successfully meet the agency’s needs and possibly move to the next Stage or directly to Stage Four.” After completing its Stage One assessment, the USPTO determined that Stages Two and Three were not required, and elected to advance directly to Stage Four, the Alternative Competition.

After reviewing the results of the market research request for information, it was determined, in accordance with FAR 19.502-2(b), that the USPTO has a reasonable expectation that offers will be received from at least two (2) capable small business concerns at a fair and reasonable price. Therefore, this procurement will be set-aside 100% for small business concerns.

As a result of the PTAG 6.1.1. Alternative Competition market research, the USPTO will release the solicitation to those vendors most likely to fulfill the agency’s needs. The vendors selected to participate in the cATO Alternative Competition are:

Aquia, Inc.

Blackwatch International Corporation

See the notice here.

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