36C24525Q0030_1.docx

Special Notice Special Notice

GENERAL INFORMATION

VAMC

RPO EAST/NCO 5

849 International Drive Linthicum, MD 21090

POINT OF CONTACT*

Contract Specialist Charles Willis charles.willis@va.gov

ADDITIONAL INFORMATION

EMAIL DESCRIPTION

DESCRIPTION

NOTICE OF INTENT TO SOLE SOURCE

This notice is being published in accordance with Federal Acquisition Regulation (FAR) Part 5.101 (a) (2) requiring dissemination of information on proposed contract actions. This is notice of intent to award a sole-source contract pursuant to 10 U.S.C. 2304 (C) (1), As implemented by FAR 6.302-1(a)(2) and 6.301-1(c), only one responsible source and no other supplies or services will satisfy agency requirements, and brand-name descriptions.

The Department of Veterans Affairs has a requirement to be permitted to “Publicly Perform” as that term is used in Section 101 and 106 of title 17, United States code, audiovisual content (including feature films, documentary films, television programs) in any legally obtainable format, which are otherwise by law intended for home use only. This is the only known vendor available for this expansive use of video, movie and audio files that is covered under umbrella license for facilities use. Ref. Copyright Act, Title 17, U.S.C. §101 and §106, to grant this License.

The Government intends to award a firm-fixed price contract to Motion Picture Licensing Corporation, 5455 Centinela Avenue, Los Angeles, CA 90066.

A determination by the government not to compete this proposed contract action based upon responses to this notice is solely within the discretion of the Government. This Notice of Intent is not a request for competitive proposals. This is a written notice to inform the public of the Governments intent to award on a sole source basis. Interested parties may identify their interest and capability to respond to the requirement. Any response to this notice must show clear and convincing evidence that competition will be advantageous to the Government.

Interested & Capable Respondents in this procurement and consider themselves to have the resources, capabilities and qualifications please respond with your:

1. Business name, address, business type, socio-economic status (e.g., Veteran-Owned, Woman-Owned, Disadvantaged Small Business, Women Owned Small Business, 8(a), Large Business, etc.), and person of contact (including telephone number & email address) and point of contact information.

2. Provide your Unique Entity Identifier (UEI) number.

3. Is your company considered small under the NAICS code identified under this source sought?

4. Capability statement and summary of previous experience providing onsite face-to-face training and A Healthcare Environmental Services Certification Program to include testing for the Department of Veterans Administration or other similar healthcare facilities.

5. Whether you hold GSA Federal Supply Schedule contract and contract number.

6. General estimated pricing of for your product/services. Pricing will be used for the purpose of market research only.

Please contact Charles Willis, Contracting Officer at email charles.willis@va.gov with responses regarding this requirement. This notice will close on Monday, October 14, 2024, at 2:00 PM Eastern Standard Time (EST).

1. Title of Project: Motion Picture Licensing (MPLC)

2. Scope of Work: The purpose of this statement of work (SOW) is to establish an agreement for the Department of Veterans Affairs (VA) to be permitted to “Publicly Perform” as that term is used in Section 101 and 106 of title 17, United States code, audiovisual content (including feature films, documentary films, television programs) in any legally obtainable format, which are otherwise by law intended for home use only.

3. Background: Since the 1990’s, VA has negotiated a special agreement with MPLC which allows all medical centers to exhibit copyrighted content represented MPLC rights holders. Without a license, a VA Medical Centers exhibiting copyrighted material puts VA, as well as the local center, at risk of potential copyright infringement fines.

The license agreement authorizes the public performance of audiovisual content covered under this agreement at all Department of Veterans Affairs Medical Centers. It is understood and agreed that the sole purpose of such public performance is to exhibit for entertainment and educational purposes. Under this agreement, VA personnel can publicly perform content via any legally obtained means including but not limited to DVD, streaming, download and broadcast via a closed-circuit system or anywhere within the medical center. Also, when new titles become available, they are automatically covered and may be shown in a VHA facility.

Motion Picture Licensing Corporation (MPLC) MPLC was founded in 1986 to make motion picture public performance easy to understand, accessible, and affordable. The result is the Umbrella License, MPLC’s proprietary public performance blanket license, a comprehensive copyright compliance solution. Public performance rights from over 1,000 motion picture studios and producers. Unlimited showings are allowed without any reporting requirements. One annual license fee based on intended use. More than 500,000 locations licensed in over 35 countries. The largest senior living operators and smallest nonprofit organizations benefit from the Umbrella License. This is the only vendor available for this expansive use of audiovisual content that is covered under umbrella license for facilities use.

4. Performance Period: The contract shall start on the date of 1 December 2024 ending 30 November 2025 with 4 option years, unless otherwise directed by the Contracting Officer (CO).

Vendor (Motion Picture Licensing Corporation) shall provide Veteran Health Administration a quarterly master list of producers and distributors that US Department of Veterans Affairs is authorized to use at facilities stations that are covered under the Umbrella License for Terms and Conditions. In addition a quarterly list of TV and movie titles that are authorized use for US Department of Veterans Affairs Medical Centers to use in their local facilities. TV programs and Movies are a popular amenity in senior living and health care communities across the country. In accordance with federal copyright law, a public performance license is required when TV programs and movies are shown in common areas such as a theater, lounge, or living room. A license is also required when content is programmed on a closed-circuit television system, for example, via a dedicated in-house channel.

Copyrighted motion pictures and other audiovisual programs that are available for rental or purchase in any legal format, such as DVDs and other digital formats, whether streamed or downloaded, are intended for personal, private use only.

To ensure compliance, MPLC grants the Umbrella License, which provides copyright infringement liability protection to over 500,000 locations worldwide and represents over 1,000 motion picture studios and other TV producers.

5. Type of Contract: Firm-fixed price

Special Notice