Smart Bear Perpetual and Subscription Software License and Maintenance

PTAG Part 6.1.1 Synopsis - Non-Competitive The United States Patent and Trademark Office (USPTO) has a continuing requirement for the annual subscription of SmartBear, Inc.'s ReadyAPI SoapUI NG ProFixed User licenses, software maintenance and support services for TestComplete and TestExecute perpetual software licenses. The annual maintenance includes technical support, upgrades and new releases. The USPTO is exempt from the Competition in Contracting Act (CICA) under the Patent and Trademark Office Efficiency Act, 35 U.S.C. 2(b)(4)(A) and the subject requirement is being procured using the Alternative Competition Method as described in the Patent and Trademark Acquisition Guidelines (PTAG) https://federalregister.gov/a/2013-24316 . In accordance with the PTAG, the USPTO conducted market research and the results indicated that SmartBear, Inc. is the original equipment manufacturer (OEM) and developer of the software. The USPTO intends to negotiate and award a firm fixed price purchase order for the annual subscription and renewal of software maintenance utilizing NAICS code 511210 to Smart Bear Software Inc. located at 450 Artisan, Somerville, MA 02145 for the period of performance from December 25, 2015 to July 30, 2017, with an estimated value of $106,200.01. This notice of intent is not a request for competitive proposals.