Three Keys for a Successful USPTO BOSS RFI Submission

USPTO released the BOSS RFI on 19 August 2019 (FBO link). The Government will use an Alternative Competition Method, in accordance with the Patent and Trademark Acquisition Guidelines (PTAG). This alternative approach allows USPTO to use market research (including the RFI) to make a downselect of likely successful bidders. ONLY bidders who submit an RFI response will be invited to the proposal stage. The RFI response includes 11 questions focused on both technical scenarios and experience. The questions are grouped into 4 categories (Knowledge, Skills, and Abilities; Iterative Development Contract Experience; Development Capabilities; and Program Management and Staffing). Responses are due by 5:00pm ET on Tuesday 17 September. EDIT: An amendment to the RFI on 10 September extended the deadline to 2:00pm ET on 19 September. Selected bidders will be invited to submit proposals, which will consist of four volumes – Small Business Participation, Past Performance, Program Management and Staffing Approach, and Price.

BOSS will serve as the primary IT acquisition vehicle at the USPTO. This agency is attractive to Government contractors because it is a fee-funded agency. Therefore, it is typically immune to the headaches of the normal appropriations cycle. In addition, winning a spot on BOSS gives firms a great chance to win multiple task orders and support mission-critical opportunities. There are three keys to increasing your probability of success during the RFI process.

key 1 – treat the rfi as a proposal

The RFI response is your firm’s primary opportunity to make a positive impression on the acquisition personnel at USPTO. Therefore, it should get the full attention of your team and needs to be treated like a regular proposal submission. You should hold a kickoff, color team reviews, and status calls. Due to the Excel format of the submission, and the character limit per question, I recommend you draft your response in Microsoft Word. This allows your firm to use a more functional Comments feature and more effectively track your answers’ compliance with the character count.

key 2 – partner if you need to

Per the BOSS RFI, the Government is allowing subcontracting for the RFI response. EDIT: An amendment to the RFI on 10 September eliminates the ability to submit subcontractor past performance as part of the RFI response. You can still team at the RFP stage, however. If you have any small gaps (for example, one or two questions you cannot answer) or are looking for a strategic partner with USPTO knowledge, this is your chance. While many firms have already locked in teammates, there are still many companies out there open to partnering. Use your network to find potential additions to your team. If you are a large business, begin identifying small businesses (especially those with socio-economic designations) to meet both your technical and small business goals.

key 3 – begin preparing, but not too much

The RFI release includes a draft that includes the instructions and evaluation criteria for the final proposal. This provides offerors a golden opportunity to get ahead of the solicitation and begin strategizing for the final submission. However, I highly recommend not going too far down this rabbit hole. First, if you do not make the downselect you will have wasted significant B&P resources. Secondly, there could be significant changes from the draft solicitation. However, you do not want to fall behind your competitors or leave yourselves too much to do when the final is released. So how do you walk that fine line between overpreparation and underpreparation?

I recommend a “middle of the road” approach. I recommend undertaking several key activities to ensure you are ready to begin content creation shortly after the release of the final solicitation. For example:

• Develop your win themes and overarching solution for each volume
• Identify and begin resume development for the required key personnel (the draft solicitation names the Program Manager [IDIQ level] and Development Team Lead [Task Order Level] as required key personnel)
• Finalize team composition, sign teaming agreements, and get basic information from your subcontractors (company name, basic summary, key statistics, etc.)
• Identify potential past performances from across the team to identify the best potential candidates
• Begin past performance development for up to 10 potential references

conclusion

The USPTO BOSS contract provides great opportunities for both small and large businesses. Successful bidders will help improve the intellectual property experience of millions of American firms and inventors through supporting patent examiners and trademark attorneys with the tools they need to do their job. Taking key steps today, and compiling a strong RFI response, is critical to winning a spot on this lucrative multi-award IDIQ.

Kevin Switaj, PhD CP.APMP is President and CEO of BZ Opportunity Management. He is a well-respected proposal professional with over 10 years of experience helping companies win new business. A multiple award winning writer in the field, he has expertise working on IDIQ opportunities, including at the USPTO.