Intellectual Property Services

This amendment is to change the Set aside.  The procurement will NOT BE SET ASIDE FOR SMALL BUSINESSES.This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.6 as supplemented with additional information included in this notice.  This announcement constitutes the only solicitation, and a separate written solicitation will not be issued.  This solicitation number is NIH-NICHD-21-253 and is issued as a Request for Quotation (RFQ).  The solicitation/contract will include all applicable provisions and clauses in effect through Federal Acquisition Circular 2021-06.  The North American Industry Classification (NAICS) Code is 813920 and the business size standard is $15.0M.  This solicitation is NOT set aside for small business. It is the intent of The National Institutes of Health (NIH), Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD) to procure the services from Lewis Roca, 655 North Central

Avenue, Suite 2300 Glendale, CA 91203 to provide an opinion to the government regarding the merits of intellectual property claims (e.g., patents) and related materials.  This is pursuant to 41 U.S.C. 253(c)(1)—Only one responsible source and no other supplies or services will satisfy agency requirements.  The proposed contractor, Lewis Roca, has provided their service to the Contraception Research Branch (CRB) for many years.  After researching the law firms, that have a preexisting relationship with NIH, they are solely interested in facilitating the protection of new intellectual property, not critiquing it.  Lewis Roca has the expertise in Intellectual Property related to grant proposal that discuss pharmaceutical ingredients as a potential contraceptive.Scope of WorkThe scope of work is for the contractor to provide the following:  1)    Provide an opinion to NICHD staff regarding composition of matter claims related to a grant proposal or service request that discusses an active pharmaceutical ingredient (e.g., small molecule, biological or biosimilar compound) as a potential contraceptive.2)    Provide an opinion to NICHD staff regarding patentability claims related to a grant proposal or service request that discusses an active pharmaceutical ingredient (e.g., small molecule, biological or biosimilar compound) as a potential contraceptive.3)    Provide an opinion to NICHD staff on a set of claims describing the novel use of a publicly or commercially known active pharmaceutical ingredient (e.g., small molecule, biological agent) with a contraceptive effect related to a grant proposal or service request.4)    Provide an opinion to NICHD staff regarding composition of matter claims related to a grant proposal or service request that discusses an active pharmaceutical ingredient (e.g., small molecule, biological or biosimilar compound) as a potential product.5)    Provide an opinion to NICHD staff regarding method of use claims related to a grant proposal or service request that discusses an active pharmaceutical ingredient (e.g., small molecule, biological or biosimilar compound) as a potential product. 6)    Provide an opinion to NICHD staff regarding method of formulation claims related to a grant proposal or service request that discusses an active pharmaceutical ingredient (e.g., small molecule, biological or biosimilar compound) as a potential product.7)    Investigate analog development for prior art, as needed by NICHD staff.8)    Novelty search, as requested by NICHD staff.The offeror must include a completed copy of the provision of FAR Clause 52.212-3, Offeror Representations and Certifications – Commercial Items with its offer.  The provisions of FAR Clause 52.212-1 Instructions to Offerors – Commercial Items; FAR Clause 52.212-2, Evaluation – Commercial Items: Evaluation Factors (1) technical capability to provide all services, etc; (2) price; and (3) past performance. Technical capability and past performance, when combined, are significantly more important than cost/price; FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items; and FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items – Deviation for Simplified Acquisitions applies to this acquisition.  FAR Clause 52.204-24, Representation Regarding Certain Telecommunication and Video Surveillance Services or Equipment; FAR Clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment; FAR Clause 52.213-4.  The offeror must include their Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size.  The clauses are available in full text at http://www.arnet.gov/far. Quotations will be due eight (8) calendar days from the publication date of this synopsis or August 13,2021 at 12:00 PM.  The quotation must reference “Solicitation number” NIH-NICHD-21-253. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the Government.  Quotations must be submitted by email to Patricia Haun at Haunp@mail.nih.gov.    Faxed copies will not be accepted