SOLICITATION NOTICE
B -- Request For Quotes
- Notice Date
- 8/23/2004
- Notice Type
- Solicitation Notice
- Contracting Office
- Environmental Protection Agency, Administrative Contract Service Center, 1200 Pennsylvania Avenue, Nw, Washington, DC 20460
- ZIP Code
- 20460
- Solicitation Number
- RFQ-DC-04-00278
- Response Due
- 9/2/2004
- Archive Date
- 10/2/2004
- Point of Contact
- Point of Contact, Donna Blanding, Purchasing Agent, Phone (202) 564-1130
- E-Mail Address
-
Email your questions to U.S. Environmental Protection Agency
(blanding.donna@epa.gov)
- Description
- NAICS Code: 541199 The U.S. Environmental Protection Agency (U.S. EPA) Office of Air and Radiation (OAR) Climate Protection Partnership Division (CPPD) Energy Star Labeling Branch (ESLB) intends to procure commercial services, for legal services in Registering the Energy STAR Name and Logo internationally. The resultant Purchase Order will be for a one-year base period and four one-year option periods. The option periods will be exercised unilaterally at the Government's discretion. The procurement of this commercial service will be in accordance with the Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedure, Subpart 13.5, Test Program for Certain Commercial Items. The purpose of this acquisition is to provide non-personal services for the 1) preparation, filing, and prosecution of separate applications for foreign registration of EPA's ENERGY and Star Design (as a certification mark) and the word mark ENERGY STAR (as a service mark) in Mexico, India, Norway, Iceland, and Liechtenstein; 2) preparation, filing, and prosecution of a separate application for foreign registration of the ENERGY and Star Design (as a certification mark) in China; 3) completion of separate applications for foreign registration of EPA's ENERGY and Star Design (as a certification mark) and the word mark ENERGY STAR (as a service mark) in Brazil, South Africa, and Egypt; and 4) maintenance of existing foreign registrations as renewal is needed in the countries of the European Union, Australia, Canada, Japan, New Zealand, Switzerland, Taiwan, and China (in the case of the service mark). The certification mark is used in EPA's ENERGY STAR? Programs to denote that a product of a manufacturer or retailer meets the energy efficiency guidelines established by EPA. The service mark is used to promote energy efficiency and energy efficient products and services. ENERGY STAR?, a U.S. registered service mark (reg. No. 1,999,485), was first used in commerce in August 1993. ENERGY and Star Design, a U.S. registered certification mark (Reg. No. 2,074,946) was first used in commerce in August 1993 on or in connection with energy efficient computers, computer monitors and computer printers. In 1999 EPA registered the ENERGY and Star Design (Reg. No. 2,244,615) for an expanded list of the goods based on EPA's use of the mark in commerce or in connection with office equipment, commercial and residential space conditioning equipment, residential lighting fixtures, fenestration products, household appliances, building, and consumer electronics. Similarly, in 2004, EPA registered the ENERGY and Star Design (Reg. No. 2,817,628) to further broaden the scope of these goods based on its bona fide intent to use this certification mark on or in connection with the following goods that meet certain specified energy efficiency standards: consumer electronics, kitchen appliances, household appliances, household fans, lawn-care equipment, commercial and residential space conditioning equipment, fenestration products, commercial and residential lighting products, office equipment, building, pool and hot tub pumps and motors, vending machines and power tools. In 1999, EPA began to register the ENERGY and Star Design (as a certification mark) and the word mark ENERGY STAR (as a service mark) internationally. A lists of the countries and dates with completed registrations will be provided via email per request to blanding.donna@epa.gov. In 2004, EPA refined the ENERGY and Star Design certification mark in two ways. First, the words "ENERGY STAR" were added into the mark so that it is closely associated with the ENERGY STAR name. Second, blue is now the primary color for the mark because it represents many positive attributes for ENERGY STAR including clarity, air, sky, and the environment. ENERGY STAR Blue (100% Cyan) is the preferred color for the use of the mark. Because the main elements of the ENERGY and Star Design remain unchanged, it is not necessary to refile any registrations. However, moving forward, any new registrations, including the ones listed in this Statement of Work below will be for the refined mark which includes the ENERGY STAR name; however, the mark will still not include color for registration purposes. 1.0 SCOPE: The Contractor shall prepare and file documents in the form of a service mark application for the word mark ENERGY STAR and in the form of a certification mark application, or its closest equivalent, for ENERGY and Star Design in Mexico, India, Norway, Iceland, and Liechtenstein. The Contractor shall also prepare and file documents in the form of certification mark applications (6 certification classes), or its closest equivalent, for the ENERGY and Star Design (as a certification mark) in China. For each country, the certification applications, or their closest equivalent, shall certify buildings, roof products, pool and hot tub pumps and motors, commercial and residential lighting products, commercial and residential space conditioning equipment, consumer electronics, fenestration products, household appliances, household fans, kitchen appliances, lawn-care equipment, office equipment, power tools, residential lighting fixtures, and vending machines. When used by authorized persons the certification mark shall certify that the goods identified above meet EPA's specifications for energy efficiency. These applications must, in form and substance, comply with all laws, rules and regulations for registration of these marks in the countries identified above. The Contractor shall also complete the prosecution, including the payment of publication or registration fees, as needed, for a service mark application for the word mark ENERGY STAR and a certification mark application, or its closest equivalent, for ENERGY and Star Design in Brazil (currently both have been filed but neither have been examined yet), South Africa (currently both published and should be receiving a registration shortly), and a certification mark application, or its closest equivalent, for ENERGY and Star Design in Egypt (publication fees have been paid for this application which is proceeding to registration). Additionally, the Contractor shall prepare and file documents to maintain the existing foreign registrations of the service mark for ENERGY STAR and the certification mark for ENERGY and Star Design, or its closest equivalent, as renewal is needed in Australia (1 registration in a service class and 1 registration in a certification class); Canada (1 registration in a service class and 1 registration in a certification class); Japan (1 registration for classes 9 & 42 each mark); New Zealand (1 registration in a service class and 6 registrations in certification classes); Switzerland (1 registration in a service class and 1 registration in a certification class); Taiwan (1 registration in a service class and 1 registration in a certification class); China (1 registration in a service class for the word mark) and a Community Trademark for the countries of the European Union (1 registration covering 7 classes for each mark). 2.0 CONTRACTOR TASKS: 2.1 CERTIFICATION MARK APPLICATIONS: The Contractor shall prepare, file and prosecute separate certification mark applications for registration for the ENERGY and Star Design mark for certifying buildings, roof products, pool and hot tub pumps and motors, commercial and residential lighting products, commercial and residential space conditioning equipment, consumer electronics, fenestration products, household appliances, household fans, kitchen appliances, lawn-care equipment, office equipment, power tools, residential lighting fixtures, and vending machines in China, Mexico, India, Norway, Iceland, and Liechtenstein. The Contractor shall receive and prepare instructional correspondence with the foreign associate and the Project Officer, provide oral status reports, provide written database status reports periodically that track the filing date, serial number and prosecution status of these applications. The Contractor shall inform and advise the Project Office of any new developments or issues that may impact the cost of performance, the prosecution strategies that should be selected or the types of application to be filed. In such cases, prior to proceeding with further preparing or filing of applications, the Contractor shall seek technical direction from the Project Officer. 2.1.1 The Contractor shall advise the Project Officer whether the countries specified above recognize certification marks, and if not, what the closest equivalent is to a certification mark. The Contractor shall not proceed until receiving the technical direction of the Project Officer. 2.1.2 Upon receipt of written approval, the Contractor shall file applications in the form of a certification mark or the agreed to equivalent. The Contractor shall file the applications within two (2)-weeks of the date of award of the purchase order. 2.1.3 Copies of the certification mark applications as filed shall be forwarded to the individuals listed in Section 3.0 - Deliverables. Any correspondence sent to or received from a sub-contractor (i.e. foreign associate) also shall be forwarded. 2.1.4 The Contractor is responsible for all necessary filing and other official fees. 2.2 SERVICE MARK APPLICATIONS: The Contractor shall prepare, file and prosecute an application for registration of the service mark ENERGY STAR for use in connection with promoting energy efficiency and energy efficient products and services in Mexico, India, Norway, Iceland, and Liechtenstein. The Contractor shall receive and prepare instructional correspondence with its foreign associates and the Project Officer, provide oral status reports, provide written database status reports periodically that track the filing date, serial number and prosecution status of these applications. The Contractor shall inform and advise the Project Office of any new developments or issues that may impact performance, the prosecution strategies that should be selected or the types of application to be filed. In such cases, prior to proceeding with further preparing or filing of applications, the Contractor shall coordinate with the Project Officer. 2.2.1 The Contractor shall advise the Project Officer whether the countries specified above recognize the recitation of services "promoting energy efficiency and energy efficient products and services" in International Class 42, and if not, what the closest equivalent registration for these services is in each country. The Contractor shall not proceed with preparing and filing applications for any alternative marks until the receipt of written approval. 2.2.2 Upon receipt of written approval, the Contractor shall file applications in the form of a service mark or the agreed to equivalent for each of the countries specified above. The Contractor shall file the applications within two (2)-weeks of the date of award of the purchase order. 2.2.3 Copies of the service mark applications as filed shall be forwarded to the individuals listed in Section 3.0 - Deliverables. Any correspondence sent to or received from a sub-contractor (i.e. foreign associate) also shall be forwarded 2.2.4 The Contractor is responsible for all necessary filing and other official fees. 2.3 COMPLETION OF APPLICATIONS ALREADY IN PROGRESS: The Contractor shall complete the preparation, filing, and prosecution of applications for the service mark ENERGY STAR and/or the certification mark ENERGY and Star Design in Brazil, South Africa, and Egypt, as needed. 2.3.1 Any correspondence sent to or received from a sub-contractor (i.e. foreign associate) shall be forwarded to the individuals listed in Section 3.0 - Deliverables 2.3.2 The Contractor is responsible for all necessary filing and other official fees. 2.4 MAINTAINING EXISTING REGISTRATIONS: The Contractor shall maintain existing foreign registrations as renewal is needed in the countries of the European Union (CTM), Australia, Canada, Japan, New Zealand, Switzerland, Taiwan, and China (in the case of the service mark). Once the contract is awarded, the Project Officer will supply the Contractor with the registration/serial numbers of all existing ENERGY STAR and ENERGY and Star Design foreign registrations, the dates when renewal is due for each, and the existing files for each registration. The Contractor shall prepare, file, and prosecute each renewal as it comes due. The Contractor shall receive and prepare instructional correspondence, provide oral status reports, provide written database status reports periodically that track the filing date, serial number and prosecution status of these renewals. The Contractor shall inform and advise the Project Office of any new developments or issues that may impact the performance, the prosecution strategies that should be selected or the types of renewals. In such cases, prior to proceeding with further preparing or filing of renewals, the Contractor shall coordinate with the Project Officer. 2.4.1 Upon receipt of written approval, the Contractor shall file renewals in the form of a service mark and certification mark, or appropriate equivalents, for each of the countries specified above. 2.4.2 Copies of the service mark renewals as filed shall be forwarded to the individuals listed in Section 3.0 - Deliverables. Any correspondence sent to or received from a sub-contractor (i.e. foreign associate) also shall be forwarded. 2.4.3 The Contractor is responsible for all necessary filing and other official fees. 2.5 OFFICIAL ACTIONS: The Contractor shall advise the Project Officer of the foreign applications serial numbers as soon as the Contractor receives them. The Contractor shall also forward a copy of official actions received from the foreign trademark offices to the individuals listed in Part 3.0 - Deliverables. The Contractor shall correct any application defects (e.g. missing documents, obvious errors, etc.). 2.6 CONTINUED PROSECUTION AND PRESERVATION OF FILES: The Contractor is advised that EPA reserves the right to continue prosecution of these applications on its own or by contracting with another source. Accordingly, the Contractor shall maintain a complete file of completed work and of all correspondence with the foreign associates and the foreign trademarks offices. The Contractor shall provide these files to EPA within 10 days of request. 3.0 DELIVERABLES: The deliverables under this purchase order are copies of the applications as filed, copies of any correspondence between the Contractor and sub-contractor (i.e., foreign associate) and the various trademark offices and copies of any other correspondence related to preparing, filing, prosecuting, and renewing these applications. The Contractor shall forward these deliverables to the following individuals: Project Officer: Ms. Kathleen Coleman Attorney-Advisor (MC-2377A) Intellectual Property Law Office Office of General Counsel Alternate Project Officers: Rachel Schmeltz Office of Air and Radiation Energy Star Labeling Branch (MC-6202J) Geoffrey Cooper Assistant General Counsel for Intellectual Property Law Office (MC-2377A) Evaluation Criteria for Award: The Government will make award to the responsible offeror whose offer conforms to the request for quotation (RFQ) and is most advantageous to the Government, price and other factors considered. For this RFQ, all evaluation factors, other than price, when combined are more important than price. Proposals will be evaluated using the following evaluation criteria (listed in descending order of importance): (1) Technical Capability: Licensed to practice in the European Union (EU) and each of the countries of interest, or access to foreign associates licensed to practice in specified countries; Understanding of trademark laws in the EU and countries of interest. (2) Management Approach: High level of quality control for all written and other communication with EPA, foreign associates and the countries of interest; Ability to respond quickly to project needs; Staffing structure provides an efficient and effective approach for meeting the requirements of the Statement of Work. (3) Cost/Price: Total price, including labor costs, other direct costs (travel, sub-contractor, materials, etc.) and total extended price; The Government will also evaluate offers to determine cost or price realism as it relates to an offeror demonstrating that the proposed cost or price provides an adequate reflection of the offeror's understanding of the requirements of this RFQ. The North American Industry Classification System (NAICS) code for this procurement is 541199. Notwithstanding, any firm that believes it is capable of meeting EPA's requirement as stated herein may submit a response, which if received within 10 calendar days from the date of this announcement will be considered. The awardee of this effort must be registered with the Central Contractor Registration at https://www.bpn.gov/CCR/scripts/index.html. Responses to this posting shall be submitted to the EPA Contracting Officer via e-mail at blanding.donna@epa.gov. All questions shall be submitted in writing and directed to Donna Blanding ((202)564-1130)) via e-mail at blanding.donna@epa.gov.
- Record
- SN00649868-W 20040825/040823212649 (fbodaily.com)
- Source
-
FedBizOpps.gov Link to This Notice
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