ARBITRATION SERVICES

PTAG 6.1.1 Notice of Intent for Sole Source

The Office of General Law (OGL) provides general litigation and advisory services on matters concerning the administration and management of the USPTO. The parties have jointly selected arbitrators, including Ms. Joyce Klein, to serve on a standing panel to hear grievances brought by the parties.

For this procurement, the USPTO is exempt from the Competition in Contracting Act (CICA) as the subject requirement is being procured using the Alternative Competition Method in accordance with the Patent and Trademark Office Acquisition Guidelines (PTAG) and the Patent and Trademark Office Efficiency Act 35 U.S.C.2(b)(4)(A). The full text is located here: https://federal register.gov/a/2013-24316.

The USPTO intends to negotiate and award a Purchase Order for Arbitration Services under NAICS Code 541199 – All Other Legal Services to Joyce Klein, (UEI: F59NZDLNR8L7) 105 Mount Hermon Way, Ocean Grove, New Jersey 07756-1411, for an estimated period of performance comprised of twelve (12) months. The anticipated award date is January 5, 2025.

For this instance, Ms. Joyce Klein is the only known qualified source since she has already been agreed to both parties. Accordingly, for reasons of continuity, efficiency, and fairness to the parties, it is essential that this arbitrator be retained to complete the matter. Substitution at this stage would not only risk inconsistency and duplication of effort, but would also undermine the integrity of the process. It is the best interest of the Government and consistent with USPTO’s statutory authority to proceed with this arbitrator through the conclusion of this case.  Moreover, FAR 6.302-3(b)(3)(ii) specifically allows for the use of other than full and open competition to procure, “A neutral person, e.g., mediators or arbitrators, to facilitate the resolution of issues in an alternative dispute resolution process.”

This notice of intent is not a request for competitive proposals nor will a solicitation be issued to the public. Any questions regarding this notice must be submitted in writing via email to the following point of contact or alternate point of contact no later than 5:00pm EDT on December 24th. NO PHONE CALLS PLEASE.

Points of Contact: Yen Nguyen, Contracting Officer, yen.nguyen1@uspto.gov

Alternate Point of Contact: Emalee Gawrelski, Contracting Officer, emalee.gawrelski@uspto.gov