PTAG Intent to Sole Source - USPTO TEAP Fingerprinting Services

The United States Patent and Trademark Office (USPTO), Office of Chief Administrative Officer (OCAO), has a requirement for electronic fingerprinting services in order to comply with the President’s directives on fingerprinting executive branch employees.

The White House, via the DOJ/FBI, has directed that all Federal Employees have fingerprints maintained in the DCSA database [ https://www.dcsa.mil/Personnel-Security/Background-Investigations-for-Security-HR-Professionals/Start-a-Background-Investigation/Fingerprints/ ] under the Rap Back Program. [ https://www.fbi.gov/video-repository/cjis-non_crim_rapback_2020.mp4/view ] 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://federalregister.gov/a/2013-24316 Since the USPTO has over 5,000 remote Telework Enhancement Act Program (TEAP) employees who full-time telework more than 50-miles outside of the Alexandria, VA Campus radius, a private sector solution was needed to electronically and securely collect fingerprints from these remote employees without making them travel more than 50 miles from their home-office.

We have identified FIRST ADVANTAGE BACKGROUND SERVICES CORP. (aka for purposes of this notice as "PrintScan") with services available UPS shipping store fronts (1300+) across all 50 US States as well as Guam and Puerto Rico, as the only company providing the needed level of extensive and close geographic access to these remote employees, even those working in the most desolate locations. Additionally, PrintScan provides these same services for the FBI, the lead agency for oversight of the “Rap Back Program”.

To make this sole source determination and in accordance with PTAG 6.1.1 (b), the USPTO conducted market research which included an extensive review of SAM.gov, GSA Advantage, as well as targeted web-searches, reaching out to vendors, and speaking with other agencies, including the FBI. This resulted in identifying six firms offering electronic fingerprinting services.

However, none of the other five (5) vendors can match the vast outreach and coverage of PrintScan, with multiple locations in all 50 states and US territories, totaling over 1350 access points. The second highest vendor could only reach 819 locations, which is only approx. 60% of the coverage provided by PrintScan which would leave significant number of remote employees more than 50 miles from a fingerprinting location.

As a result, per PTAG 6.1.1 (d) the USPTO intends to negotiate and award a firm fixed price contract or BPA with PrintScan to fingerprint our remote employees, upload the digital prints into SWFT and securely transmit them back to our data system in Alexandria or directly to DCSA. This requirement utilizes NAICS code 561611 and has a period of performance that includes a one-year base period with four option years from date of award.

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 points of contact (POC) no later than 1:00 PM EST on February 12, 2024 POC: Kendall Jones, Contract Specialist at Kendall.jones1@uspto.gov ; Christopher Ward, Contracting Officer at Christopher.ward@uspto.gov NO PHONE CALLS PLEASE PTAG SYNOPSIS STATEMENT The USPTO intends the subject requirement to be 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 subsequent solicitation will not be posted on SAM.gov and instead sent directly to the vendor listed above DISCLAIMER All information received in response to this Special Notice that is marked as proprietary will be handled accordingly. Responders are solely responsible for all expenses associated with responding to this special notice.