Notice of Intent to Sole Source under FAR 6.302-1

Notice of Intent to Sole Source under FAR 6.302-1 THIS IS NOT A REQUEST FOR QUOTE (RFQ) AND NO SOLICITATION IS AVAILABLE. The Department of Energy (DOE) Advanced Research Projects Agency – Energy (“ARPA-E”) intends to issue a Labor Hour contract to a single source under the authority of FAR 6.302-1(a)(2), Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements, to Paul A. Gottlieb (“Contractor”). Contractor shall continue to provide intellectual property legal expertise and experience under collaborative guidance and monitoring of the ARPA-E Chief Counsel (“Chief Counsel”) and the office of the DOE Assistant General Counsel for Technology Transfer and Intellectual Property (“DOE Assistant General Counsel”). Background: There is a continued, specialized and critical need for Intellectual Property (IP) Legal Services in the ARPA-E Office of Chief Counsel to: (1) address complicated technology commercialization issues, and any necessary ARPA-E policy changes, (2) mentor/supervised newly-hired DOE IP attorneys who will also support ARPA-E financial assistance award negotiations, and (3) facilitate collection and analysis of IP data from ARPA-E awardees. An intimate knowledge of Department of Energy and ARPA-E processes and personnel as well as ongoing matters is crucial. In accordance with FAR 6.302-1(a)(2), other than full and open competition is authorized when the supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements. The Contractor is intimately familiar with Department of Energy and ARPA-E intellectual property ongoing matters, policies, and procedures. Awarding to a new contractor would potentially cause delays with regard to ongoing matters and loss of the knowledge possessed the Contractor would prove harmful and costly to ARPA-E and DOE. THIS IS NOT A REQUEST FOR QUOTE (RFQ) AND NO SOLICITATION IS AVAILABLE. Notwithstanding, any small business vendor who believes it is capable of meeting the requirement as stated herein may submit a response, which will be considered only if received by 3 p.m. Eastern Time on April 19, 2021. Responses to this posting must be in writing and submitted to [email protected] no later than the aforementioned time and date. A determination not to compete this requirement based on the responses to this notice is solely within the discretion of the government. Please note that any prospective offeror must be registered in the System for Award Management (SAM) at www.sam.gov in accordance with FAR Subpart 4.11. The following information is pertinent to this acquisition: 1. Closing Response Date: April 19, 2021 at 3:00 p.m., Eastern Time. 2. Contact Point or Contracting Officer: Lisa Persson, Contract Specialist [email protected] 3. Contract Number: 89703021CAR000007 4. Contracting Office Address: AR-1, 1000 Independence Ave., SW, Washington D.C., 20585 5. Period of Performance: June 3, 2021 – June 2, 2023 6. Contract Award Dollar Amount: $281,400 7. Contract Award Date: NLT June 2, 2021 8. Contractor: Paul A. Gottlieb 9. NAICS Code: 541611 Administrative Management and General Management Consulting Services 10. Product or Service Code: R418 11. Place of Contract Performance: 950 L’Enfant Plaza, 8th Floor, Washington D.C., SW, 20585 12. Set-aside Status: Small Business 13. Description of work: The Advanced Research Projects Agency – Energy (“ARPA-E “or “Agency”) is a separately organized agency within the Department of Energy (“DOE”). The mission of ARPA-E is to overcome the long-term and high-risk barriers in the development of energy technologies. ARPA-E facilitates, creates, manages and catalyzes accelerated transformational energy research and development (“R&D”) programs and projects to enhance the economic and energy security of the United States through the development of energy technologies that reduce energy imports, improve energy efficiency and reduce energy-related emissions. The goals of ARPA-E, as established by the America Competes Act of 2007, are generally to: (1) enhance American economic security by identifying technologies with the potential to reduce energy imports from foreign sources; (2) reduce energy-related greenhouse gas emissions and improve efficiency across the energy spectrum; and (3) ensure the United States of America remains a technological leader in developing and deploying advanced energy technologies. ARPA-E’s mission is highly dependent on intellectual property matters, including acquiring necessary intellectual property rights for government purposes, supporting commercialization of technologies resulting from ARPA-E awards, ensuring US manufacturing requirements, and defending government intellectual property rights in disputes and litigation. In providing intellectual property services, the Contractor will apply its expertise and experience as follows under collaborative guidance and monitoring of the ARPA-E Chief Counsel (“Chief Counsel”) and the office of the DOE Assistant General Counsel for Technology Transfer and Intellectual Property (“DOE Assistant General Counsel”): -The Contractor will support the Chief Counsel and the DOE Assistant General Counsel to identify, assess, and resolve complex intellectual property issues. The Contractor will advise on intellectual property matters and provide senior experience to support ARPA-E Funding Opportunity Announcements and resulting award negotiations; address complicated technology commercialization issues, and any necessary ARPA-E policy changes. The Contractor will draft documents and provide other assistance to ARPA-E in the field of Intellectual Property, including the crafting of ARPA-E policies, standard contract clauses, preparing presentations, and participating in meetings with staff at ARPA-E. -At the discretion of Chief Counsel, the Contractor may be asked to review and provide recommendations, such as special intellectual property provisions with respect to proposed new solicitations and sole source awards. At the direction of the DOE Assistant General Counsel, the Contractor will mentor less experienced intellectual property attorneys in the office of the DOE Assistant General Counsel who support ARPA-E. -In accordance with relevant ARPA-E policies and procedures, and using material approved by ARPA-E, the Contractor will provide awardees who have been selected to receive awards from ARPA-E with proposed Intellectual Property terms and conditions. The Contractor will interact with proposed awardees with regard to their intellectual property concerns. -The Contractor will assist the Chief Counsel and the DOE Assistant General Counsel, and their legal staffs, as they provide legal advice to ARPA-E legal and the ARPA-E contracting staff of awardee concerns with respect to those proposed provisions. During the term of ARPA-E awards, the Contractor will assist ARPA-E legal and contracting and the DOE Assistant General Counsel in the administration of ARPA-E awards. This may include facilitating the reporting of inventions, the submission of periodic and final technical reports and the close out of awards. It may also include assisting the Chief Counsel and the DOE Assistant General Counsel, in the review and comment on Intellectual Property and Data Management Plans and Subject Invention Utilization reports. -The Contractor will also monitor developments in the field of intellectual property law with particular attention to developments related to the activities of the Federal Government such as the awarding of agreements for the performance of research and development. The Contractor will work directly with the DOE Assistant General Counsel to keep informed on current DOE policies and procedures with respect to intellectual property, such as the awarding and administration of agreements, reporting of awardee inventions, government employee inventions, maintenance of award and invention records, disposition of intellectual property rights, and the treatment of infringement claims. The Contractor will keep the Chief Counsel apprised of such developments that affect ARPA-E. -At the request of the Chief Counsel or the DOE Assistant General Counsel, the Contractor will assess, and recommend strategies to respond to unusual intellectual property situations. -The Contractor will perform other services related to intellectual property as requested by the Chief Counsel or the DOE Assistant General Counsel.