76 -- Patent Data Capture

United States Patent and Trademark Office, Mail Stop 6 - Office of Procurement, Director of the US Patent and Trademark Office, PO Box 1450, Alexandria, VA 22313-1450 76—PATENT DATA CAPTURE CONTRACT EXTENSION and IMAGE FILE WRAPPER (ePHOENIX) REQUIREMENT, POC/Contracting Officer, Mr. Page A. Etzel. The United States Patent and Trademark Office (USPTO) intends to extend the current patent data capture (PaDaCap) contract period of performance which is due to expire on December 31, 2003 to December 31, 2004 under Contract No. 50-PAPT-8-00007 with Reed Technology and Information Services, Inc. (RTIS). The USPTO, Office of Patent Publication (PUBS), through its patent data capture contractor is presently responsible for patent content data capture services and publication of paper and electronic products used to disseminate patent information worldwide. PUBS is also responsible for data capture and publication of “Pre-Grant Publications (PG Pub)” products. In late 2002, USPTO announced an agreement between the agency and the European Patent Office (EPO) to adapt and implement ePhoenix, the image and retrieval software in use by the EPO, for the Image File Wrapper (IFW) of U.S. patent applications. As a result, it has become necessary to significantly change the patent data capturing processes. Prior to the announcement of these significant operational changes, the USPTO was in the process of preparing for the recompetition of the patent data capture contract which is presently scheduled to end on December 31, 2003. These new changes and the pending implementation of IFW (ePhoenix) at the USPTO have prevented the agency from developing a comprehensive statement of work which will adequately describe the changing patent data capture services and fully define USPTO requirements for the next five years. It has therefore become necessary to extend the present contract for a one-year period while maintaining a seamless transition to a fully operational IFW (ePhoenix) system. It is anticipated that the current work provided by the incumbent contractor will be greatly affected by the USPTO’s transition to electronic examination and processing of patent applications via IFW (ePhoenix). According to the USPTO’s 21st Century Strategic Plan, the paper and electronic process changes must be fully implemented by October 2004. The current contract ends on December 31, 2003. In order to successfully meet the deadlines as outlined in the USPTO’s 21st Century Strategic Plan without an interruption in patent data capture services, the USPTO must continue to use the incumbent contractor while it completes a comprehensive statement of work which will incorporate the new patent data capture requirements. At this time, RTIS is the only company with the available specialized resources who possesses the necessary knowledge of current operating procedures and systems to meet the highly complex and new IFW (ePhoenix) requirements while simultaneously continuing the current patent data capture services. A new contractor would be required to develop the necessary systems and processes for the start-up of two different patent data capture operations. In addition, as actual contract performance would require a six-month transition period, it has been determined that it would not be economically viable for a contractor, other than the incumbent, to assume both operations for a relatively short period of time. A one-year extension of the current RTIS contract through December 31, 2004, will enable the USPTO to have a seamless transition to the IFW (ePhoenix). Delaying the new contract starting period by one year will also greatly maximize competition. Due to the significant start-up costs associated with the data capture operations, a one-year requirement would result in a short term gain thereby limiting competition at this juncture of the procurement process. It is anticipated that by 2005, the IFW (ePhoenix) will be fully implemented; the government’s requirements fully defined; and the new follow-on contractor would only have to meet the requirements of the new electronic process. This proposed contract action is for services which the Government intends to solicit and negotiate with only one source. At this time, RTIS is deemed the only responsible source and no other supplies or services will satisfy agency requirements for the continued uninterrupted critical support under the patent data capture contract. Any award to any other source would result in a substantial duplication of cost to the Government that is not expected to be recovered through competition and would cause unacceptable delays in fulfilling the agency’s requirements. This is NOT a formal solicitation; however, individuals interested in the future patent data capture 2 (PaDaCap2) contract solicitation may state their interest by contacting the USPTO Procurement website at: http://www.uspto.gov/web/offices/ac/comp/proc/currproj.htm. Written correspondence shall be directed to: United States Patent and Trademark Office, Mail Stop 6 - Office of Procurement, Director of the US Patent and Trademark Office, PO Box 1450, Alexandria, VA 22313-1450, ATTN: John Baumert. Questions may be directed to John Baumert at 703-305-8371.