Contract award notice
Results of the procurement procedure
Section I: Contracting
entity
I.1) Name and addresses
Swansea University
Procurement - Finance, Swansea University, Singleton Park
Swansea
SA2 8PP
UK
Contact person: Owen Cullen, Deputy Head of Procurement
E-mail: o.n.cullen@swansea.ac.uk
NUTS: UKL18
Internet address(es)
Main address: www.swansea.ac.uk
Address of the buyer profile: https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0345
I.4) Type of the contracting authority
Body governed by public law
I.5) Main activity
Education
Section II: Object
II.1) Scope of the procurement
II.1.1) Title
T47(18) Contract for IP Protection Consultancy Services (AgorIP)
II.1.2) Main CPV code
79120000
II.1.3) Type of contract
Services
II.1.4) Short description
The requirement is for a firm/s of patent agents to provide cost effective, general intellectual property advice and to undertake the preparation, registration and prosecution of applications for patents and other forms of registered intellectual property including but not limited to trademark applications across all of the relevant research areas of the University. The patent agent/s will be expected to possess the necessary breath of intellectual property law experience and technical understanding particularly in the life, physics and computer sciences with respect to patents, design rights and trademarks.
II.1.6) Information about lots
This contract is divided into lots:
No
II.1.7) Total value of the procurement
Value excluding VAT:
1 700 000.00
GBP
II.2) Description
II.2.2) Additional CPV code(s)
79120000
79110000
79140000
II.2.3) Place of performance
NUTS code:
UKL
II.2.4) Description of the procurement
The requirement is for a firm/s of patent agents to provide cost effective, general intellectual property advice and to undertake the preparation, registration and prosecution of applications for patents and other forms of registered intellectual property including but not limited to trademark applications across all of the relevant research areas of the University. The patent agent/s will be expected to possess the necessary breath of intellectual property law experience and technical understanding particularly in the life, physics and computer sciences with respect to patents, design rights and trademarks.
II.2.5) Award criteria
Quality criterion: Qualifications & Experience
/ Weighting: 15
Quality criterion: Systems, Networks & Processes
/ Weighting: 40
Quality criterion: Transfer of IP
/ Weighting: 15
Price
/ Weighting:
30
II.2.11) Information about options
Options:
Yes
Description of options:
AgorIP is currently expected to run until December 2020. During this time, the estimated value of this contract for IP Protection will be up to GBP 650,000 – 850,000. AgorIP has however applied to its funders to extend the AgorIP Project until December 2022. Should this be successful, then the University with the agreement of the successful tenderer will reserve the right to extend the contract duration until December 2022 and the estimated contract value up to GBP 1,300,000 – 1,700,000.
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds:
Yes
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Open procedure
IV.1.8) Information about Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement:
Yes
IV.2) Administrative information
IV.2.1) Previous publication concerning this procedure
Notice number in the OJ S:
2018/S 110-250641
Section V: Award of contract
Contract No: T47(18)
A contract/lot is awarded:
Yes
V.2 Award of contract
V.2.1) Date of conclusion of the contract
08/11/2018
V.2.2) Information about tenders
Number of tenders received: 9
The contract has been awarded to a group of economic operators:
No
V.2.3) Name and address of the contractor
Symbiosis IP Limited
Crab Apple Way, Vale Park
Evesham
WR11 1GP
UK
Telephone: +44 2920682101
NUTS: UKL22
The contractor is an SME:
Yes
V.2.4) Information on value of the contract/lot (excluding VAT)
Total value of the contract/lot:
: 1 700 000.00
GBP
V.2.5) Information about subcontracting
Section VI: Complementary information
VI.3) Additional information
This procurement is for patenting and professional intellectual property related services in support of the technology transfer activity at Swansea University within the AgorIP Project. A significant portion of the University’s intellectual property is managed and commercialised by the AgorIP Project within the school of management. Other University Intellectual property exists and is managed and commercialised by the Department of Research, Engagement and Innovation Services (REIS). This specification does not cover the services required by REIS.
The requirement is for a firm/s of patent agents to provide cost effective, general intellectual property advice and to undertake the preparation, registration and prosecution of applications for patents and other forms of registered intellectual property including but not limited to trademark applications across all of the relevant research areas of the University. The patent agent/s will be expected to possess the necessary breath of intellectual property law experience and technical understanding particularly in the life, physics and computer sciences with respect to patents, design rights and trademarks.
To fulfil the provisions of this tender the current Intellectual Property portfolio would need to be transferred from existing attorneys, who have consolidated the portfolio onto a single database; diarising cases for their next due date, recording renewals and forecasting future costs. AgorIP therefore anticipates a low cost for the transfer of the portfolio.
The portfolio currently consists of 48 patent families to be managed by the successful tenderer who will also be required to manage some patent agents who will continue the prosecution of certain applications. Due to funding restrictions, AgorIP will accept invoices from only one supplier and it is therefore required that the successful tenderer accepts invoices from these agents and invoices AgorIP on their behalf. As this is the case and the portfolio is likely to increase in size, the patent agent/s is/are expected to be able to manage a portfolio of this extent and should be able to accommodate a significant monthly ‘on account’ float. This will include invoices directly payable to the successful patent agent/s as well as disbursements to other agents.
It is important that the patent agent/s is able to develop a strong rapport with both the academic community and the technology transfer team within AgorIP and to take proactive steps to foster good relations including availability to correspond in efficient time via email and telephone and to visit Swansea as reasonably requested. As part of this, we require the successful patent agent/s to provide, on a monthly basis, a half day surgery on the University premises to meet with inventors and TTO/M’s. This surgery is to discuss IP protection issues, including but not limited to; the patentability of inventions and general IP advice.
The patent agent/s will also be required to track and report on the costs of their service provision on a quarterly basis and to provide training for AgorIP staff in IP administration. Before the end of the contract, the patent agent/s will provide a professional transfer of IP administrative processes to the University and the cost of this should be included.
AgorIP will reserve the right to procure IP services from other patent agents where, for example, they believe unique specialist skills are required, where they are mandated by funders of University research or where it perceives a potential conflict of interest.
(WA Ref:87183)
VI.4) Procedures for review
VI.4.1) Review body
Swansea University
Procurement - Finance, Swansea University, Singleton Park
Swansea
SA2 8PP
UK
E-mail: o.n.cullen@swansea.ac.uk
Internet address(es)
URL: www.swansea.ac.uk
VI.5) Date of dispatch of this notice
16/11/2018