Intent to SS.docx

Special Notice Special Notice

Catalyst Learning

GENERAL INFORMATION

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs Birmingham VA Medical Center 700 19th Street South Birmingham, AL 35233

POINT OF CONTACT*

Ashley Bell Ashley.Bell7@va.gov

DESCRIPTION

The Department of Veterans Affairs, Network Contracting Office 07 (NCO 07), hereby provides notice of its intent to award a sole source, firm fixed price base and options contract to Catalyst Learning Company, 401 S. Fourth Street, STE 904 Louisville, KY 40202. The contract is expected to be awarded under the authority of 41 U.S.C. 3304(a)(1), as implemented by FAR 13.501(a) – Sole source (including brand name) acquisitions. A Justification for Single Source Awards for Other Than Full and Open Competition has been prepared. The anticipated award date is June 12, 2023.

The Contractor shall provide upon request School at Work (SAW) provides learning opportunities to employees in GS-01 thru GS-05 and employees in Wage Grade equivalent for a Catalyst Learning at the Birmingham VA Medical Center. The Contractor shall provide One (1) SAW 2.0 renewal site fee for the Birmingham VA Medical Center and ten (10) SAW student learning packages.

These services and supplies will be performed/delivered to the Birmingham VA Medical Center, Human Resources Department, 700 19th Street South, Birmingham, AL 35233.

NAICS code: 611710| Educational Support Services (SBA Size Standard $24.0 Million) PSC: U099| Education/Training—Other

THIS NOTICE OF INTENT IS NOT A SOLICITATION OR REQUEST FOR COMPETITIVE QUOTES. However, interested parties may identify their interest and capability to respond to this requirement within three (3) calendar days after publication of this notice.

A determination not to compete this requirement, based upon responses to this notice, is solely within the discretion of the Government. Information received will normally be considered solely for determining whether to conduct a competitive procurement. The Department of Veterans Affairs will NOT be responsible for any costs incurred by interested parties in responding to this notice of intent. Only written responses will be considered. All responses from responsible sources will be fully considered. As a result of analyzing responses to this notice of intent, the Government shall determine if a solicitation will be issued. Any prospective contractor must be registered in the System for Award Management (SAM) to be eligible for award and must submit a current authorized distributor letter from the manufacturer.

All Service-Disabled Veteran Owned and Veteran Owned Small Businesses must submit a self-certifying statement that their company meets all criteria established IAW 13 CFR 121.406(b)(1)(i) through (b)(1)(iii) thus demonstrating compliance with the Non-Manufacturer Rule.

Interested parties are encouraged to furnish information by email only with “RESPONSE TO INTENT TO SOLE SOURCE 36C24723Q0736” in the subject line. All documents submitted will not be returned. All interested parties shall submit clear and convincing documentation demonstrating their capabilities to satisfy the requirements listed above to Ashley Bell, Contract Specialist, by email at Ashley.Bell7@va.gov NO LATER THAN June 8, 2023 @ 08:00 AM EST. The capability documentation should include general information and technical background describing in detail the prospective contractor's capabilities and experience that will demonstrate the ability to support these requirements.

STATEMENT OF WORK

B. Summary The intent of this solicitation is to provide career development opportunities to employees without advanced education for a School at Work program provided by Catalyst Learning Company located at the Birmingham Department of Veterans Affairs Medical Center, 700 19th Street South, Birmingham, AL 35233. School at Work (SAW) provides learning opportunities to employees in GS-01 thru GS-05 and employees in Wage Grade equivalent. In the School at Work program, employees develop computer skills, math, reading, grammar, writing, medical terminology, anatomy and physiology, organizational skills, and medical ethics. SAW is the only contracted program included in the “Charting Your Course for Success at VA” brochure, published by the VHA’s HPDM National Program Office. Since 2005, SAW has been used by over 1100 VA employees at 70 VAMC’s.

Contract shall be in accordance with the contract specifications for the period of September 15, 2023 through September 14, 2028, with four (4) one-year option renewals and in accordance with the terms, conditions, special provisions and schedules herein.

CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

C. TRAVEL [If applicable] N/A D. GOVERNMENT RESPONSIBILITIES [If applicable] N/A

E. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order.

2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO for response.

3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

SALIENT CHARACTERSITICS – N/A

REQUIRED APPENDEX:

RECORDS MANAGEMENT

Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

[Agency] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [Agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [Agency] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [Agency] policy.

The Contractor shall not create or maintain any records containing any non-public [Agency] information that are not specifically tied to or authorized by the contract.

The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

The [Agency] owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [Agency] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flowdown of requirements to subcontractors The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

Special Notice