2007023260i_solicitation_rev_05132022.pdf

Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717

Solicitation (Revised 05/13/2022)

23260i.docx (Revised 05/13/2022)

BID OPENING

DATE: May 31, 2022

TIME: 11:00 A.M. EST

TITLE: Group 20070 - Books, Serials, Databases, and Library Resource Management Products

SOLICITATION NUMBER: 23260

Classification Codes: 55 & 83

CONTRACT PERIOD: The later of (i) September 1, 2022, or (ii) the date of OSC approval through August 31, 2027

DESIGNATED CONTACTS: In accordance with the Procurement Lobbying Law [State Finance Law § 139-j(2)(a)], the following individuals are the Designated Contacts for this Solicitation.

All questions relating to this Solicitation must be addressed to the Designated Contacts.

Email Address: katherine.jezik@ogs.ny.gov Katie Jezik Contract Management Specialist Telephone No. (518) 473-1069 E-mail address: katherine.jezik@ogs.ny.gov

Jennifer Stafford Team Leader Telephone No. (518) 473-7145 E-mail address: jennifer.stafford@ogs.ny.gov

Jamie Nusbaum Assistant Director Telephone No. (518) 474-5340 edward.nusbaum@ogs.ny.gov

Danielle Hayes Contract Management Specialist Telephone No. (518) 473-9769 E-mail address: danielle.hayes@ogs.ny.gov

Mark Helling Contract Management Specialist Telephone No. (518) 473-3253 E-mail address: mark.helling@ogs.ny.gov

Christa Lee Contract Management Specialist Telephone No. (518) 473-7227 E-mail address: christa.lee@ogs.ny.gov

Bidder’s Federal Tax Identification Number:

(Do Not Use Social Security Number)

NYS Vendor Identification Number:

(See New York State Vendor File Registration Clause)

Legal Business Name of Company Bidding:

D/B/A – Doing Business As (if applicable):

Street

City

State

County

Zip Code

E-mail Address:

Company Web Site:

If applicable, place an “x” in the appropriate box(es) (check all that apply)

NYS Small Business # Employees

Service Disabled Veteran Owned Business

NYS Minority Owned Business

NYS Women Owned Business

If you are not bidding, place an “x” in the box and return this page only.

WE ARE NOT BIDDING AT THIS TIME BECAUSE:

FOR PROCUREMENT SERVICES USE ONLY

LITERATURE LETTER USB FLASH DRIVE # of Binders/Packages: ___________ PURC. MEMO OTHER ________________ Documented by: ______________

Group 20070 - Books, Serials, Databases, And Library Resource Management Products Page 2

Bidder Certification and Affirmation

Bidder certifies and affirms as follows:

1. This Bid is an irrevocable offer for 120 days from the date of submission to the New York State (“NYS”)

Office of General Services (“OGS”), or for such longer period as is set forth in the Solicitation.

2. The Bidder can and will provide and make available, at a minimum, the Products, deliverables and/or services as described in the Solicitation.

3. The Bidder has read and understands the provisions of the Solicitation, and all appendices, attachments, and exhibits attached thereto, including Appendix A (Standard Clauses for New York State Contracts) and Appendix B (General Specifications).

4. The information contained in this Bid is complete, true, and accurate.

5. The Bidder understands and agrees to comply with the requirements of the Procurement Lobbying Law, State Finance Law § 139-j and § 139-k, and with OGS’s procedures relating to permissible contacts during a procurement as required by State Finance Law § 139-j(3) and § 139-j(6)(b). Such requirements and procedures are posted at https://ogs.ny.gov/acpl.

The signer affirms under penalties of perjury that he or she is duly authorized to legally bind the Bidder referenced above and that he or she signed this Bidder Certification as the legally binding act of the Bidder.

Print Full Bidder Entity Name

By:

Signature of Person Authorized to Legally Bind the Bidder

Print Name of Signatory

Print Title of Signatory

Date

RETURN THIS PAGE AS PART OF BID

https://ogs.ny.gov/acpl

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Table of Contents

SECTION 1: INTRODUCTION

1.1 Overview

1.2 Scope

1.3 Estimated Quantities

1.4 Key Events/Dates

1.5 NYS Contract Reporter

1.6 Bidder Questions

1.7 NYS Comptroller Approval

1.8 Summary Of Policy And Prohibitions On Procurement Lobbying

1.9 Definitions

1.10 Appendices and Attachments

1.11 Conflict of Terms

SECTION 2: BIDDER QUALIFICATIONS

2.1 Bidder Qualifications - Lot 1 Printed Publications and Non-Print Library Materials

2.2 Bidder Qualifications - Lot 2 Electronic Publications

2.3 Bidder Qualifications - Lot 3 Databases

2.4 Bidder Qualifications - Lot 4 Library Resource Management and Research Support Products

SECTION 3: PRODUCT PERFORMANCE REQUIREMENTS

3.1 Lot 1 - Printed Publications and Non-Print Library Materials Performance Requirements

3.2 Lot 2 - Electronic Publication Performance Requirements

3.3 Lot 3 - Database Performance Requirements

3.4 Lot 4 - Library Resource Management and Research Support Products Performance Requirements

SECTION 4: BID SUBMISSION

4.1 Performance and Bid Bonds

4.2 NYS Vendor File Registration

4.3 Format of Bid Submission

4.4 Content

4.5 Bid Envelopes and Packages

4.6 Bid Delivery

4.7 Important Building Access Procedures

4.8 NYS Required Certifications

4.9 Bid Deviations

4.10 Bid Opening Results

4.11 Bid Liability

4.12 Firm Offer

4.13 NYS Reserved Rights

4.14 Incorporation

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SECTION 5: METHOD OF AWARD

5.1 Method of Award

5.2 Periodic Recruitment

5.3 Request To Add A Lot To An Existing Contract

5.4 Procurement Instructions for Authorized Users

5.5 Notification of Award

SECTION 6: TERMS AND CONDITIONS

6.1 Contract Term and Extensions

6.2 Short Term Extension

6.3 Price

6.4 Price Updates

6.5 Best Pricing Offer

6.6 Price Structure

6.7 Volume Discounts

6.8 Ordering

6.9 Purchasing Card Orders

6.10 Minimum Order

6.11 Invoicing and Payment

6.12 Product Delivery

6.13 Backordering

6.14 Packing Slips

6.15 Labeling

6.16 Product Returns and Exchanges

6.17 Unanticipated Excessive Purchase

6.18 Contract Administration

6.19 NYS Financial System (SFS)

6.20 Web-Based Ordering

6.21 Accessibility of Web-Based Information and Applications Policy

6.22 Americans with Disabilities Act (ADA)

6.23 N.Y. State Finance Law § 139-l

6.24 Insurance

6.25 Report of Contract Usage

6.26 Authorized User Sales Reports

6.27 Contractor Requirements and Procedures for Participation By New York State Certified Minority- and

Women-Owned Business Enterprises and Equal Employment Opportunities for Minority Group Members and Women

6.28 Participation Opportunities For New York State Certified Service-Disabled Veteran Owned Businesses . 44

6.29 Use of Recycled or Remanufactured Materials

6.30 Bulk Delivery and Alternate Packaging

6.31 Surplus/Take-Back/Recycling

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6.32 Environmental Attributes and NYS Executive Order Number 4

6.33 Consumer Products Containing Mercury

6.34 Overlapping Contract Products

6.35 Preferred Source Products

6.36 NYS Vendor Responsibility

6.37 NYS Tax Law Section 5-a

6.38 “OGS or Less” Guidelines

6.39 Non-State Agencies Participation in Centralized Contracts

6.40 Extension of Use

6.41 New Accounts

6.42 Centralized Contract Modifications

6.43 Software/Firmware Updates

6.44 Compliance With Federal, State and Local Regulations

6.45 Severability

6.46 Contract Documents; Electronic Format

APPENDICES

Appendix A – Standard Clauses for NYS Contracts (October 2019) Appendix B – General Specifications (April 2016) Appendix C – Primary Security and Privacy Mandates Appendix D – Federal Funding Terms

ATTACHMENTS

Attachment 1 – Pricing (Revised 05/13/2022) Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses Attachment 4 – Insurance Requirements (Revised 05/13/2022) Attachment 5 – Bidder Information Questionnaire (Revised 05/13/2022) Attachment 6 – Bidder Submission Checklist (Revised 05/13/2022) Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage (Revised 05/13/2022) Attachment 9 – Executive Order No. 16 Certification

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SECTION 1: INTRODUCTION

1.1 Overview

This Solicitation is issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement Services for Books, Serials, Databases, and Library Resource Management Products as specified herein for all Authorized Users eligible to purchase through this Solicitation. This Solicitation is multiple award and Contracts awarded resulting from this Solicitation will be statewide centralized Contracts for the items listed in each of the Lots as specified below in Section 1.2, Scope. Contractors should familiarize themselves with the requirements contained in this Solicitation, including attachments. References to the State and its Agencies or Non-State Agencies as Authorized Users under this Solicitation and the ensuing Contract(s) encompass and include all such entities within the definition of “Authorized User” set forth in State Finance Law §163(1)(k).

This Solicitation outlines the terms and conditions and all applicable information required for submitting a Bid.

Bidders should pay strict attention to the Bid submission date and time to prevent disqualification. Bidders are strongly encouraged to read the language of this Solicitation thoroughly and to precisely follow the instructions included in the Solicitation and all attachments.

1.2 Scope

The Contracts resulting from this Solicitation are to provide Authorized Users with a means of acquiring Books, Serials, Databases, and Library Resource Management Products.

This Solicitation contains a total of four (4) Lots:

Lot 1 – Printed Publications and Non-Print Library Materials Lot 2 – Electronic Publications Lot 3 – Databases Lot 4 – Library Resource Management and Research Support Products

Bidders may Bid on one or more Lots. To bundle Products from Lots 1 and 2, Bidders must Bid on both Lots.

Bidder should refer to Section 5, Method of Award, for additional information regarding the submission of pricing and how it will be evaluated.

1.2.1 Lot 1 - Printed Publications and Non-Print Library Materials

1. Books and Non-Periodical Serial Publications, including, but not limited to: domestic and foreign Publications; textbooks; books in print; books out-of-print; pre-bound books; Braille books; Large print books; rare books; legal books and materials; business/economics/finance books; social science/humanities books; science/engineering books; medical books; academic books;

encyclopedias; continuations; ephemeral Publications; pamphlets (bound and unbound); government documents; annuals (reports, yearbooks, etc.); Continuing Directories; proceedings and transactions;

numbered and unnumbered monographic series and sets; musical scores; and sheet music. Print materials may be purchased via blanket order or standing order. Printed Publications may be bundled with Electronic Publications if the Contractor has been awarded both Lots 1 and 2.

2. Print Periodicals, including, but not limited to: Newspapers, Magazines, and Journals. Print materials may be bundled with electronic materials if the Contractor has been awarded both Lots 1 and 2.

3. Non-Print Library Materials, including, but not limited to: abridged and unabridged audiobooks, CD/DVD and MP3/MP4 format; microforms; DVD and Blu-ray (i.e., motion pictures, videos); compact discs; CD-ROMs (no online services); microcomputer software (educational);

maps/globes/atlases/charts; video games; and audio visual materials.

4. Related Optional Products and Services, including supplementary value-added services, such as:

cataloging and processing (including shelf ready items); stamps; call numbers; routing labels; spine

Group 20070 - Books, Serials, Databases, And Library Resource Management Products Page 7 labels; barcode labels; security strips; Machine-Readable Cataloging (MARC) records and updates;

binding and rebinding; shipment consolidation; mylar covers; due date slip/circulation cards and pockets; and reading program labels.

1.2.2 Lot 2 - Electronic Publications

1. Electronic Periodicals, including, but not limited to: Newspapers; Magazines; Journals; and Journal packages. Electronic materials may be bundled with print materials if the Contractor has been awarded both Lots 1 and 2.

2. eBooks, including, but not limited to: subscription-based and perpetual access purchases. eBooks may be purchased via blanket order or standing order. Electronic Publications may be bundled with Printed Publications if the Contractor has been awarded both Lots 1 and 2.

3. Streaming Audio and Video Content, including, but not limited to: subscription-based, time-defined license, and perpetual access purchases.

4. Datasets.

5. Related Optional Products and Services, including supplementary value-added services, such as:

cataloging and processing; Machine-Readable Cataloging (MARC) records and updates; and hosting fees.

1.2.3 Lot 3 - Databases

1. Databases and Subscription Online Resources, including, but not limited to: Full Text Databases;

abstracting & indexing Databases; numeric Databases; general interest Databases; Subject Specific Databases and online resources; Database files; eBook databases; streaming audio and video Databases; and subscription online resources offering library subscriptions.

2. Related Optional Products and Services, including supplementary value-added services, such as:

hosting fees, Database Customization, or Machine-Readable Cataloging (MARC) records and updates.

1.2.4 Lot 4 - Library Resource Management and Research Support Products

1. Holdings Management Products, including, but not limited to: Integrated Library Systems; Library

Services Platforms; Discovery tools; and cataloging subscriptions.

2. Electronic Resource Management Systems, including, but not limited to: authentication systems and link resolvers; Electronic Resource Management (ERM) tools; Serials and scholarly Publication ranking services and Publication management systems; systems to manage and feature Publications, including repositories, scholarly management solutions, and faculty Publication profile management solutions;

usage and analysis tools; and A-Z lists.

3. Resource Sharing or Document Delivery Request Systems, Providers, and Networks.

4. Products designed to facilitate efficient delivery of library services and to support the research and data needs of libraries.

5. Related Optional Products and Services, including supplementary value-added services, such as:

enhanced support and hosting fees.

1.3 Estimated Quantities

A Contract resulting from this Solicitation shall be an estimated quantity Contract. No specific quantities are represented or guaranteed and the State provides no guarantee of individual Authorized User participation. The Contractor must furnish all quantities actually ordered at or below the Contract prices. The anticipated dollar value of the award for this Solicitation, based on historical purchases under previous awards, is approximately $130,000,000 annually. The individual value of each resultant Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the

Group 20070 - Books, Serials, Databases, And Library Resource Management Products Page 8 most practical and economical manner. See Appendix B, Estimated/Specific Quantity Contracts and Participation in Centralized Contracts.

Numerous factors could cause the actual quantities of Products purchased under a Contract resulting from this Solicitation to vary substantially from the estimates in the Solicitation. Such factors include, but are not limited to, the following:

• Such Contracts may be non-exclusive Contracts.

• There is no guarantee of quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases.

• The individual value of each Contract is indeterminate and will depend upon actual Authorized User demand and actual quantities ordered during the contract period.

• The State reserves the right to terminate any Contract for cause or convenience prior to the end of the term pursuant to the terms and conditions of the Contract.

• Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized

Users than anticipated.

• Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized

Users than anticipated.

By submitting a Bid, Bidder acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the resulting Contracts could vary substantially from the estimates provided in this Solicitation.

1.4 Key Events/Dates

EVENT DATE TIME

Solicitation Release March 29, 2022 N/A Closing Date for Bidder Questions April 14, 2022 5:00 PM ET OGS Procurement Services’ Responses to Bidder Questions May 13, 2022 N/A

Bid Opening / Due date for Bids May 31, 2022 11:00 AM ET Contract Approval Date / Award Publish Date Upon OSC Approval N/A

1.5 NYS Contract Reporter

Bidders must register with the New York State Contract Reporter (“NYSCR”) at https://www.nyscr.ny.gov in order to receive notifications about this Solicitation. Navigate to the “I want to find contracts to bid on” page to register for your free account. In order to receive e-mail notifications regarding updates to the content or status of a particular ad, you must “bookmark the ad” on the upper right hand side of the ad, then return to your Account, view your list of bookmarked ads, and then select “send me notification updates” option listed to the right of the ad. Answers to all questions of a substantive nature will be posted in the form of a question and answer document and released through the NYSCR. Any updates to Solicitation documents will also be posted and released through the NYSCR.

If you do not opt-in to receive notification updates regarding a particular ad, you will not receive e-mail notifications regarding updates, including e-mail notifications regarding the posting of the question and answer document and updates to Solicitation documents.

Be advised that submission of responses to the Solicitation that do not reflect and take into account updated information may result in your Bid being deemed non-responsive to the Solicitation.

1.6 Bidder Questions

All questions regarding this Solicitation should be submitted using Attachment 7 – Bidder Questions Form, citing the applicable Solicitation document name and document section. The completed form must be emailed to katherine.jezik@ogs.ny.gov by the date and time indicated in the Key Events/Dates section. Questions https://www.nyscr.ny.gov/

Group 20070 - Books, Serials, Databases, And Library Resource Management Products Page 9 submitted after the deadline indicated may not be answered. A Bidder is strongly encouraged to submit questions as soon as possible. Answers to all questions of a substantive nature will be provided to all prospective Bidders in the form of a question and answer document which will be posted to the OGS website and will not identify the Bidder asking the question. Notification of this posting will be advertised in the NYS Contract Reporter (“NYSCR”). Your company must select the “opt-in” option within the Contract Reporter ad to receive notification updates of this Solicitation.

If Bidder intends to submit a Bid that deviates from the requirements of the Solicitation in any way, the proposed deviations should be submitted during the Questions period so that they may be given due consideration prior to the submission of Bids. See Section 4.9, Bid Deviations, for additional information.

1.7 NYS Comptroller Approval

Pursuant to the Memorandum of Understanding (“MOU”) dated August 15, 2019 between the Offices of the New York State Governor Andrew M. Cuomo (“Executive”), New York State Comptroller Thomas P. DiNapoli (“OSC”), the State University of New York (“SUNY), the State University of New York Construction Fund (“SUCF”), the City University of New York (“CUNY”), and the City University of New York Construction Fund (“CUCF”), procurement documents and contracts awarded under this Solicitation shall have no force and effect and the State bears no liability unless such procurement documents and contracts awarded under this Solicitation are approved by OSC or the pertinent pre-audit review period under the MOU has elapsed.

1.8 Summary Of Policy And Prohibitions On Procurement Lobbying

Pursuant to State Finance Law § 139-j and § 139-k, this Solicitation includes and imposes certain restrictions on communications between OGS and a Bidder during the procurement process. A Bidder is restricted from making contacts from the earliest posting, on a governmental entity’s website, in a Newspaper of general circulation, or in the procurement opportunities newsletter of intent to solicit offers/Bids through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law § 139-j(3)(a). Designated staff, as of the date hereof, are identified on the first page of this Solicitation. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Bidder pursuant to State Finance Law §139-j and §139-k. Certain findings of non-responsibility can result in rejection for Contract award and, in the event of two findings within a four-year period, the Bidder is debarred from obtaining governmental Procurement Contracts for four years. Further information about these requirements can be found on the OGS website at: https://ogs.ny.gov/acpl/

1.9 Definitions

Capitalized terms used in this Solicitation shall be defined in accordance with Appendix B, §2 Definitions, or as below.

Term Definition Aggregator A bibliographic service that provides online access to the digital full-text of library materials, including Periodicals, monographs, and media, published by different Publishers. See also Database Publisher.

Authorized User Agreement Authorized User Agreement shall mean the Purchase Order and/or such other documents memorializing the Contractor’s obligations with respect to a given transaction issued by an Authorized User.

Back File Access The ability to access information within a resource before a subscription period begins.

Bid Deviation Any variance submitted or proposed by a Bidder, which deviates from, adds extraneous terms to, conflicts with or offers an alternative to any term, condition, specification, or requirement of the Solicitation.

https://ogs.ny.gov/acpl/ http://www.abc-clio.com/ODLIS/odlis_a.aspx#access http://www.abc-clio.com/ODLIS/odlis_d.aspx#digital http://www.abc-clio.com/ODLIS/odlis_f.aspx#fulltext http://www.abc-clio.com/ODLIS/odlis_p.aspx#publishing http://www.abc-clio.com/ODLIS/odlis_p.aspx#publisher

Group 20070 - Books, Serials, Databases, And Library Resource Management Products Page 10

Term Definition Business Day Monday through Friday from 8:00 AM – 5:00 PM ET, excluding New York

State and federal holidays.

Concurrent Users Specified number of simultaneous End Users accessing an Electronic

Publication or Database.

Concurrent Use License Where licensing of Electronic Publications is based upon Concurrent Users, the Contractor shall obtain from the Publisher the right of the Authorized User to obtain license rights to the specified number of Concurrent Users actually executing the licensed programs, without reference to location or named End Users.

Continuing Directory A list of people, companies, institutions, organizations, etc., in alphabetical or classified order, providing contact information (names, addresses, phone/fax numbers, etc.) and other pertinent details (affiliations, conferences, Publications, membership, etc.) in brief format, often published serially (not complete as first issued and intended to be ongoing, though not necessarily indefinitely).

Customization Changes to the function, layout and/or appearance of a Database which does not alter the Database content.

Database A large, regularly updated file of digitized information (bibliographic records, abstracts, full-text documents, directory entries, images, statistics, etc.)

related to a specific subject or field, consisting of records of uniform format organized for ease and speed of search and retrieval and managed with the aid of Database management system (DBMS) software. Content is created by the Database producer who leases the content to one or more Database vendors that provide electronic access to the data after it has been converted to machine-readable form, using proprietary search software.

Database Publisher Company that uses specialized techniques to generate documents from source data and provide to End Users through a Database. See also Aggregator.

Electronic Publication A work in digital form capable of being read or otherwise perceived, distributed to the public electronically. Includes electronic Journals and e-prints, electronic Magazines and Newspapers, electronic books, and websites. Some Electronic Publications are online versions of print Publications; others are born digital. Synonymous with e-publication.

End User Shall mean those persons who are permitted by the Authorized User to have access to an Electronic Publication or Database.

Fair Use Shall mean acceptable use under the Copyright Revision Act 1976 as amended subsequently provided that such rights are exercised in accordance with Sections 107 and 108 of the Act.

Full Text Database Contains the complete text of any documents (e.g., books, Journals, Newspapers, Magazines).

Full Time Equivalent (FTE) For State Agencies and Authorized Users not otherwise identified, the number of full time employees shall be the number of FTEs; for a higher educational institution, it shall refer to the student enrollment expressed as the number of full time students; for K-12 educational institutions, each student shall be considered one (1) FTE; for public libraries, the census population served shall be deemed to be the number of FTEs.

International Standard Book Number (ISBN)

A unique ten or thirteen digit numerical commercial book identifier assigned to identify each edition or manifestation of a work.

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International Standard Serial Number (ISSN)

A unique eight-digit standard number assigned by the International Serials Data System (ISDS) to identify a specific Serial title. The ISSN is usually given in the masthead of each issue or on the copyright page of each volume or part of a series. When a continuing resource undergoes a title change, a new ISSN is assigned.

Journal A Periodical devoted to disseminating original research and commentary on current developments in a specific discipline, sub-discipline, or field of study, usually published in quarterly, bimonthly, or monthly issues sold by subscription. Journal articles are usually written by the person (or persons) who conducted the research. Longer than most Magazine articles, they almost always include a bibliography or list of works cited at the end.

Licensing Agreement An agreement between an Authorized User and a Contractor for the use of a product, usually for a fixed period of time, in exchange for payment.

List Price The undiscounted price at which a new Publication is offered for sale to the public, established by the Publisher at the time the edition is issued. The List Price is quoted in the Publisher's catalog and printed on the front flap of the dust jacket in hardcover editions and usually on the back cover in softcover editions. Discounts offered to libraries, booksellers, and jobbers are computed as a percentage off List Price. Synonymous with published price, suggested retail price, and sticker price.

Magazine A popular interest Periodical usually containing articles on a variety of topics, written by various authors in a nonscholarly style. Most Magazines are heavily illustrated, contain advertising, and are printed on glossy paper.

Articles are usually short (less than five pages long), frequently unsigned, and do not include a bibliography or list of references for further reading.

Most Magazines are issued monthly or weekly for sale at newsstands, in bookstores, and by subscription.

MWBE A business certified with NYS Empire State Development (ESD) as a Minority and/or Women-owned Business Enterprise.

N/A A common abbreviation for not applicable or not available, used to indicate when information in a certain field on a table is not provided, either because it does not apply to a particular case in question or because it is not available.

National Public Entities Defined as State Governments, the Federal Government, Local Governments, cities, towns, school districts, libraries, police and fire departments, and other political subdivisions.

Net Price List Price less all applicable discounts or inclusive of Service Charges; the price paid by Authorized Users of the resultant Contract.

Newspaper A Serial Publication, issued daily, on certain days of the week, or weekly, containing news, editorial comment, regular columns, letters to the editor, cartoons, advertising, and other items of current and often local interest to a general readership.

NYS Holidays Legal holidays for State employees in the classified service of the executive branch, as more particularly specified on the website of the NYS Department of Civil Service. This includes the following: New Year’s Day;

Dr. Martin Luther King, Jr. Day; Washington’s Birthday (observed);

Memorial Day; Juneteenth; Independence Day; Labor Day; Columbus Day;

Veterans’ Day; Thanksgiving Day; and Christmas Day.

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NYS Vendor ID Refers to the unique ten-character identifier issued by the NYS Office of the

State Comptroller (OSC) when the vendor is registered on the Vendor File System.

Optional Products and Services

Refer to supplementary Products and services that enhance or support the provision of library materials identified to be within scope. This may include stamps; call numbers or routing label; barcoding; security strips; processing of library materials or Journals, including affixing date and property;

shipment consolidation, and MARC (Machine-Readable Cataloging) records and updates.

Periodical A Serial Publication with its own distinctive title, containing a mix of articles, editorials, reviews, columns, short stories, poems, or other short works written by more than one contributor, issued in softcover more than once, generally at regular stated intervals of less than a year, without prior decision as to when the final issue will appear. Although each issue is complete in itself, its relationship to preceding issues is indicated by enumeration, usually issue number and volume number printed on the front cover. Content is controlled by an editor or editorial board. Includes Magazines, sold on subscription and at newsstands; Journals, sold on subscription and/or distributed to members of scholarly societies and professional associations; and newsletters, but not proceedings or the other regular Publications of corporate bodies as they relate primarily to meetings.

Preferred Source Products Those Products that have been approved in accordance with New York State Finance Law § 162.

Preferred Source Program The special social and economic goals set by New York State in State Finance Law § 162 that require a governmental entity purchase select Products from designated organizations when the Products meet the “form, function and utility” requirements of the governmental entity. Under State Finance Law § 163, purchases of Products from Preferred Sources are given the highest priority and are exempt from the competitive bidding requirements. The New York State Preferred Sources include: The Correctional Industries Program of the Department of Corrections and Community Supervision (“Corcraft”); New York State Preferred Source Program for People Who Are Blind (“NYSPSP”); and the New York State Industries for the Disabled (“NYSID”). These requirements apply to State Agencies, political subdivisions and public benefit corporations (including most public authorities).

Procurement Services Business unit of OGS, formerly known as New York State Procurement (“NYSPro”) and Procurement Services Group (“PSG”).

Publication Refers to a work capable of being read or otherwise perceived (e.g. book, audiorecording, videorecording, etc.), issued by a Publisher for sale to the general public, usually in multiple copies and sometimes in multiple editions.

Publisher A person or corporate entity that prepares and issues digital or print materials for public sale or distribution, normally on the basis of a legal contract in which the Publisher is granted certain exclusive rights in exchange for assuming the financial risk of publication and agreeing to compensate the author, usually with a share of the profits.

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Request For Quotation

(RFQ)

As defined in Section 2 of Appendix B.

Subject Specific Database This includes information from academic or scholarly Journals and trade or professional Publications.

Serial Publication in any medium issued under the same title in a succession of discrete parts, usually numbered (or dated) and appearing at regular or irregular intervals with no predetermined conclusion. Serials may be purchased individually, in combination with other titles, or as large collections of titles (particularly when purchased electronically).

Server Shall mean the computer system(s) on which Electronic Publications or Databases reside and through which End Users gain access to the Electronic Publications or Databases.

Service Charge A fee charged by a Subscription Agent for filling orders for Periodical subscriptions, usually 5 to 10 percent of the total annual amount paid by the library for subscriptions.

SDVOB A NYS-certified Service-Disabled Veteran-Owned Business.

Subscription Agent A company in the business of providing centralized Serial subscription or

Database Access services to Authorized Users such as libraries to relieve them of the time-consuming task of dealing with Publishers individually.

Trade Book An edition produced by a trade publisher in hardcover and/or paperback publisher's binding for sale to quality booksellers and libraries. Trade editions are published for the general reader, rather than a specific segment of the market.

In addition to the above definitions, the following terms are defined as follows regardless of whether they are or are not capitalized:

May Denotes the permissive in a Contract clause or specification. Refers to items or information that the State has deemed are worthy of obtaining, but not required or obligatory. Also see “Should”.

Must Denotes the imperative in a Contract clause or specification. Means required - being determinative/mandatory, as well as imperative.

Also see “Shall.”.

Shall Denotes the imperative in a Contract clause or specification. Means required - being determinative/mandatory, as well as imperative.

Also see “Must.”.

Should Denotes the permissive in a Contract clause or specification. Refers to items or information that the State has deemed are worthy of obtaining, but not required or obligatory. Also see “May”.

1.10 Appendices and Attachments

The following appendices and attachments, attached hereto, are hereby expressly made a part of this Solicitation as fully as if set forth at length herein.

Appendix A – Standard Clauses for NYS Contracts (October 2019)

Appendix B – General Specifications (April 2016) Appendix C – Primary Security and Privacy Mandates Appendix D – Federal Funding Attachment 1 – Pricing (Revised 05/13/2022) Attachment 2 – NYS Required Certifications Attachment 3 – Encouraging Use of NYS Businesses

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Attachment 4 – Insurance Requirements (Revised 05/13/2022) Attachment 5 – Bidder Information Questionnaire (Revised 05/13/2022) Attachment 6 – Bidder Submission Checklist (Revised 05/13/2022) Attachment 7 – Bidder Questions Form Attachment 8 – Report of Contract Usage (Revised 05/13/2022) Attachment 9 – Executive Order No. 16 Certification

1.11 Conflict of Terms

Conflicts among the documents shall be resolved in the following order of precedence:

1. Appendix A, Standard Clauses for New York State Contracts;

2. The Solicitation;

3. Appendix B, General Specifications;

4. Attachment 1 – Pricing;

5. Attachment 4 – Insurance Requirements;

6. Appendix D – Federal Funding;

7. Appendix C – Primary Security and Privacy Mandates;

8. Attachment 8 – Report of Contract Usage;

9. All other appendices and attachments to the Solicitation.

SECTION 2: BIDDER QUALIFICATIONS

Bidder is advised that the State’s intent in having the requirements listed below is to ensure that only qualified and reliable Contractors perform the work of the resulting Contract. Bidder shall have the burden of demonstrating to the satisfaction of Procurement Services that it can perform the work required. Procurement Services retains the right to request any additional information pertaining to the Bidder's ability, qualifications, financial capacity, financial stability, and procedures used to accomplish all work under the resulting Contract as it deems necessary to ensure safe and satisfactory work. A Bidder shall meet the following qualifications:

2.1 Bidder Qualifications - Lot 1 Printed Publications and Non-Print Library Materials

The Bidder shall be a Subscription Agent, Publisher, or dealer of Printed Publications and Non-Print Library Materials who has been actively engaged in the business for a period of three years or more prior to the Bid opening date.

The Bidder shall have a minimum of $250,000.00 in verifiable sales for Products and services within scope as detailed in Section 1.2.1, Lot 1 - Printed Publications and Non-Print Library Materials to National Public Entities, as defined in Section 1.11, Definitions, during the 36-month period preceding the Bid opening for this Solicitation.

Required proof of sales shall be in the form of a summary of the total sales reported, which shall include (a) the names of the National Public Entity that made the purchase, (b) the total amount of sales by purchaser, (c) the date of each sale, and (d) description of product/service sold. In lieu of a summary of sales to National Public Entities, Bidder may provide sales reports for an OGS Contract meeting these requirements. Required proof of sales should be submitted at the time of the Bid opening. Copies of invoices may be required for verification or clarification if deemed necessary by the Office of General Services. Failure to submit proof of sales as requested will result in rejection of Bid.

2.2 Bidder Qualifications - Lot 2 Electronic Publications

The Bidder shall be a Subscription Agent, Publisher, or dealer of Electronic Publications who has been actively engaged in the business for a period of three years or more prior to the Bid opening date.

The Bidder shall have a minimum of $250,000.00 in verifiable sales for Products and services within scope as detailed in Section 1.2.2, Lot 2 - Electronic Publications to National Public Entities, as defined in Section 1.11, Definitions, during the 36-month period preceding the Bid opening for this Solicitation. Required proof of sales shall be in the form of a summary of the total sales reported, which shall include the names of the National Public Entity

Group 20070 - Books, Serials, Databases, And Library Resource Management Products Page 15 that made the purchase, the total amount of sales by purchaser, the date of each sale, and description of product/service sold. In lieu of a summary of sales to National Public Entities, Bidder may provide sales reports for an OGS Contract meeting these requirements. Required proof of sales should be submitted at the time of the Bid opening. Copies of invoices may be required for verification or clarification if deemed necessary by the Office of General Services. Failure to submit proof of sales as requested will result in rejection of Bid.

2.3 Bidder Qualifications - Lot 3 Databases

The Bidder shall be a Database Publisher or Aggregator who has been actively engaged in the business for a period of three years or more prior to the Bid opening date.

The Bidder shall have a minimum of $250,000.00 in verifiable sales for Products and services within scope as detailed in Section 1.2.3, Lot 3 - Databases to National Public Entities, as defined in Section 1.11, Definitions, during the 36-month period preceding the Bid opening for this Solicitation. Required proof of sales shall be in the form of a summary of the total sales reported, which shall include the names of the National Public Entity that made the purchase, the total amount of sales by purchaser, the date of each sale, and description of product/service sold.

In lieu of a summary of sales to National Public Entities, Bidder may provide sales reports for an OGS Contract meeting these requirements. Required proof of sales should be submitted at the time of the Bid opening. Copies of invoices may be required for verification or clarification if deemed necessary by the Office of General Services.

Failure to submit proof of sales as requested will result in rejection of Bid.

2.4 Bidder Qualifications - Lot 4 Library Resource Management and Research Support Products

The Bidder shall be a Library Resource Management Products or Research Support provider who has been actively engaged in the business for a period of three years or more prior to the Bid opening date.

The Bidder shall have a minimum of $250,000.00 in verifiable sales for Products and services within scope as detailed in Section 1.2.4, Lot 4 - Library Resource Management and Research Support Products to National Public Entities as defined in Section 1.11, Definitions during the 36-month period preceding the Bid opening for this Solicitation. Required proof of sales shall be in the form of a summary of the total sales reported, which shall include the names of the National Public Entity that made the purchase, the total amount of sales by purchaser, the date of each sale, and description of product/service sold. In lieu of a summary of sales to National Public Entities, Bidder may provide sales reports for an OGS Contract meeting these requirements. Required proof of sales should be submitted at the time of the Bid opening. Copies of invoices may be required for verification or clarification if deemed necessary by the Office of General Services. Failure to submit proof of sales as requested will result in rejection of Bid.

SECTION 3: PRODUCT PERFORMANCE REQUIREMENTS

3.1 Lot 1 - Printed Publications and Non-Print Library Materials Performance Requirements

3.1.1 Print Books and Non-Print Library Materials Product/Performance Requirements

Bidder shall offer various types of books, Non-Print library materials, and related services as set forth in Section 1.2.1, Scope. Bindings are to meet or exceed requirements established by the National Information Standards Organization (NISO) and the Library Binding Committee (LBC) of the Book Manufacturers’ Institute (LBC). The latest library standard issued by NISO and LBC is ANSI/NISO/LBI Library Binding Standard, Z39.78-2000 (R2018), unless otherwise amended. This standard is available at http://www.niso.org/publications/z3978-2000-r2018. Cloth bindings for hardcover Publications shall be the Publisher’s standard binding. Library bindings for hardcover Publications shall be reinforced and include reinforced juvenile Publications.

Bidder shall identify services associated with furnishing books, Non-Print library materials, and related materials. Cost/pricing for services shall be expressed in specific monetary amounts, not percentages.

Bidders shall identify, define, and provide a short description of the service(s) offered. Also, Bidders shall

Group 20070 - Books, Serials, Databases, And Library Resource Management Products Page 16 include any additional service pricing that may apply. Bid pages may be duplicated, as necessary, and addendums may be submitted for additional books and Non-Print services.

3.1.1.1 Substitutions

Substitutions and/or additions of titles or editions shall not be permitted without prior written authorization from the ordering Authorized User. All unauthorized substitutions and/or additions shall be returned to the Contractor at the Contractor’s expense. Contractor is expected to furnish the total number of copies of any one individual title in one shipment and to fill orders for multi-volume sets in one shipment to the extent possible; however, it is permissible to ship large volume orders from publishers in batches as they are received from the publisher.

3.1.1.2 Cancellation of Purchase Orders

Cancellation of orders in part or whole for unavailable materials or for “out of stock,” “out of print,” and “not yet published” Publications shall be made by means of appropriate notations and adjustments on orders returned by Contractor to the Authorized User. Contractors shall make no shipments of canceled materials except on the basis of a new order. Titles not supplied by the Contractor may be purchased from any other Contract source.

3.1.1.3 Status Report

A statement for each shipment must be provided to include a listing of unavailable products and/or a listing of titles out of print (OP), titles out of stock indefinitely (OI), titles out of stock temporarily (OS) and titles not to be supplied for other reasons. Statements may be provided in either hardcopy or digital form via email.

3.1.2 Print Periodicals Performance Requirements

3.1.2.1 Orders, Renewals, and Cancellations:

1. Subscriptions shall begin on the date specified in Contractor’s order forms, based on date of submission by Authorized User and Contractor’s processing date.

2. The Contractor shall notify the Authorized User as soon as possible but no later than thirty (30) calendar days if unable to supply a new order. Contractor shall also provide a reasonable explanation in writing for non-fulfillment.

3. The Contractor shall provide address, Publication, merger, and title change services, etc.

4. The Contractor shall make arrangements with Publishers for all regularly purchased subscription orders and renewals within sufficient time to avoid any interruption in receipt of issues.

5. The Contractor shall cancel subscriptions as requested by the Authorized User and shall issue a credit if allowed by the Publisher.

6. The Contractor shall provide pro-rated refunds or substituted titles for titles which cease publication prior to expiration if provided by the Publisher. OGS reserves the right to resolve any issues that may arise between an Authorized User and the Contractor with regards to refunds or substituted titles.

7. The Contractor shall provide a common expiration date for subscriptions (if requested by the Authorized User) unless prohibited by the Publisher.

8. At the Authorized User’s request, the Contractor shall renew subscriptions automatically on a date selected by the Authorized User; or at the option of the Authorized User, shall provide a list of titles to be renewed by the Contractor for the Authorized User's approval prior to the issuance of the annual renewal invoice. Authorized User may change automatic renewal status at any time and for no additional charge.

9. The Contractor may provide two or three-year renewal periods but must at a minimum offer a one-year renewal period. Renewal periods may survive the expiration of this Contract, with the terms and conditions of this Contract applying to the renewal periods.

10. The Contractor may enter orders for back files, special issues, supplements, extra volumes, and cumulative indexes, if requested to do so by the Authorized User.

11. All orders, renewals, and cancellations between the Contractor and the Authorized User shall be in writing or shall be electronically transmitted.

12. In lieu of individual order forms, Contractor shall be able to accept a purchase or letter order to which is appended a list of titles.

13. Multi-Year Licenses: Contractor may offer multi-year licenses.

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3.1.3 Contractor Licensing Terms and Conditions

Bidders are advised to review all terms and conditions carefully, particularly the licensing terms and conditions for Printed Publications and Non-Print Library Materials. If Licensing Agreement, shrink-wrap or click wrap agreements are associated with Printed Publications and Non-Print Library Materials, it is the responsibility of the potential Bidder/Contractor to offer only those Printed Publications and Non-Print Library Materials that satisfy the license terms and conditions of the Solicitation. License terms that conflict with the terms of Appendix A, Appendix B, this Solicitation, or any resultant Contract shall not be enforceable.

Contractor must disclose any forms, “click through”, “shrink wrap” or other pass-through or licensing/subscription terms and conditions or other order information that Contractor will attach to orders or require to be completed with Authorized User purchases, during the RFQ process or prior to order.

Documents which contain additional terms or conditions, such as library maintenance agreements or Licensing Agreements, must be disclosed to the Authorized User during the RFQ process or at the time of order submission and receive pre-approval by the Authorized User prior to ordering Products and services.

3.2 Lot 2 - Electronic Publication Performance Requirements

3.2.1. Authorized…