2007023260ra.pdf

2007023260ra06

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

Contract Award Notification Title : Group 20070 - Books, Serials, Databases, and Library

Resource Management Products Classification Code(s): 55 & 83

Award Number : 23260 (Replaces Awards 22868 & 23044)

Contract Period : March 22, 2023 to August 31, 2027

Bid Opening Date : May 31, 2022

Date of Issue : March 22, 2023 (Revised January 10, 2025)

Specification Reference : As Incorporated Herein

Contractor Information : Appears on Page 2 of this Award

Address Inquiries To:

State Agencies & Vendors Political Subdivisions & Others

Name :

Title :

Phone :

E-mail :

Katie Jezik Contract Management Specialist 518-473-1069 Ogs.sm.ps.Library@ogs.ny.gov

Procurement Services Customer Services

Phone :

E-mail :

518-474-6717 customer.services@ogs.ny.gov

Procurement Services values your input.

Complete and return "Contract Performance Report" at end of document.

Description

NOTICE: THIS CONTRACT AWARD NOTIFICATION CONTAINS A SUBSET OF INFORMATION FROM

THE SOLICITATION. CONTRACTS RESULTING FROM SOLICITATION 23260 HAVE BEEN EXECUTED

BY CONTRACT AWARD LETTER. THE CONTRACT AWARD LETTER SETS FORTH THE ORDER OF

PRECEDENCE FOR THE TERMS AND CONDITIONS OF THE EXECUTED CONTRACTS. COMPLETE

CONTRACT DETAILS INCLUDING TERMS AND CONDITIONS CAN BE FOUND IN THE SOLICITATION

DOCUMENT DATED REVISED MAY 13, 2022.

This contract provides Authorized Users with a means of acquiring Books, Serials, Databases, and Library Resource Management Products and Services.

Lot 1 – Printed Publications and Non-Print Library Materials, including books, non-serial publications, print periodicals, non-print library materials, and related optional Products and services.

Lot 2 – Electronic Publications, including electronic periodicals, eBooks, streaming audio and video content, datasets, and related optional Products and services.

Lot 3 – Databases, including databases, subscription online resources, and related optional Products and services.

Lot 4 – Library Resource Management and Research Support Products, including holdings management products, electronic resource management systems, resource sharing or document delivery request systems, products designed to support the research and data needs of libraries, and related optional Products and services.

This Award has 0% MBE, 0% WBE, and 0% SDVOB goal requirements.

PR #23260

https://ogs.ny.gov/award-23260

GROUP 20070 - Books, Serials, Databases, and Library Resource AWARD PAGE 2 Management Products

(continued)

CONTRACT # CONTRACTOR FED.IDENT.# NYS VENDOR ID#

PC69884 A to Z Books, LLC 81-5246779 1100235500 PC69885 ABDO Publishing 41-1699406 1000044840 PC69887 ALM Global, LLC 13-3273851 1000038916 PC69888 American Reading Company, Inc. 23-2965253 1000034881 PC69889 Baker & Taylor, LLC 87-3321348 1100286972 PC69890 Barnes & Noble Booksellers Inc. 13-4030389 1000046258 PC69891 Baum & Beaulieu Associates, Inc. dba

BaumBooks 20-3856165 1000044342

PC69892 Bedford, Freeman & Worth Publishing Group, LLC

13-4047598 1100277980

PC69893 Bellwether Media Inc. dba Bellwether Media 54-2181319 1100272624 PC70054 Benchmark Education Company LLC 13-3996703 1100025074 PC69894 Bound to Stay Bound Books, Inc. 37-0439010 1000044797 PC69895 Brodart Co. 23-2248758 1000008909 PC69896 Cavendish Square Publishing LLC 46-1843778 1100095985 PC69897 CBM LLC dba Cherry Lake Publishing/dba

Sleeping Bear Press 20-5654413 1100105824

PC69898 Cengage Learning, Inc. 59-2124491 1000009563 PC69899 Central Programs Inc dba Gumdrop Books 43-1057878 1000044854 PC69905 Children's Plus, Inc. dba Libraria 36-4078966 1100005432 PC69906 Complete Book and Media Supply, LLC 74-2852244 1100005453 PC69921 Coughlan Companies LLC dba Capstone 82-4045107 1100210642 PC69910 Cox Subscriptions, Inc. dba WT Cox Information

Services 56-1352557 1000018262

PC69911 Delaney Educational Enterprises Inc. 82-1533684 1100193784 PC69912 EBSCO Information Services, LLC 63-6014186 1100277389 PC69960 Elsevier B.V. 98-0389477 1000056131 PC69913 Encyclopaedia Britannica, Inc. 36-2063569 1000040643 PC70055 Enformion LLC 94-3359257 1100274400 PC69914 Follett Content Solutions, LLC 87-1936353 1100285093 PC69915 Follett Software, LLC 41-1426933 1100113853 PC69916 Gareth Stevens Publishing LLLP 27-0404519 1100104699 PC69918 Garrett Operating Company LLC dba Garrett

Book Company 81-1079220 1100159732

PC69919 GL Group, Inc., dba Booksource 43-1018725 1100102035 PC69959 Greenwood Publishing Group LLC dba Heinemann 04-1456030 1100277979

GROUP 20070 - Books, Serials, Databases, and Library Resource AWARD PAGE 3

CONTRACT # CONTRACTOR FED.IDENT.# NYS VENDOR ID#

PC69920 Grey House Publishing, Inc. 13-3044945 1000026400 PC69922 Hertzberg-New Method, Inc. dba Perma-bound

Books 37-1001726 1000009226

PC69923 IB Source, Inc. 33-1043797 1100273337 PC69924 Infobase Holdings Inc dba Infobase, Facts-On-

File, Firsthand 13-3720604 1000026795

PC70056 InfoUSA Marketing, Inc. (A subsidiary of Data Axle, Inc.)

47-0794710 1000040828

PC69925 Ingram Library Services LLC 62-0673043 1100277601 PC69926 Insignia Software Corporation 98-0379116 1100275087 PC69928 JJP Consulting LLC dba JJP Books 82-5291738 1100240164 PC69929 John Wiley & Sons, Inc. 13-5593032 1000013590 PC69930 Lakeshore Learning Materials, LLC 87-2802658 1100276096 PC69931 Lee & Low Books Inc. dba Bebop Books 13-3599568 1100126193 PC69932 Lerner Publishing Group 41-0833899 1000044837 PC69933 LexisNexis Risk Solutions FL Inc. 41-1815880 1100007031 PC69934 License Monitor II, LLC 87-1354771 1100265889 PC69935 Mackin Book Company dba Mackin Educational

Resources 41-1658426 1000017902

PC69936 Main Street Book Shop Inc. 13-2531130 1000043508 PC69937 Midwest Library Service, Inc. 43-0834505 1000009339 PC69938 Midwest Tape, LLC 37-1499686 1000009233 PC69939 MT Library Services Inc. DBA Junior Library

Guild 59-3263895 1000009577

PC69940 Otto Harrassowitz GmbH & Co. KG 98-0423753 1000009840 PC69941 Perfection Learning Corporation 42-0895541 1000009325 PC69942 Prenax, Inc. 94-3342517 1100176364 PC69943 ProQuest LLC 52-1261256 1100281416 PC69947 Rainbow Books, Inc. 61-1846102 1100189966 PC69945 RELX Inc., dba LexisNexis, a division of RELX

Inc.

52-1471842 1000004904

PC69946 Sage Publications Inc. dba SAGE Publishing 95-2454902 1000018802 PC69948 Scholastic Inc. 13-1824190 1000006121 PC69949 Superior Text LLC 84-1708761 1100170101 PC69950 Sussman Education Company, Inc. 11-2270606 1000024088 PC69951 Tel/Logic Inc. dba Textbook Central 11-2907068 1000011968 PC69952 Textbook Warehouse, LLC 20-2080039 1100024287 PC69953 The Penworthy Company LLC 81-2043142 1100210559 PC69954 The Rosen Publishing Group Inc. 13-3129750 1100001011 PC69955 West Publishing Corporation, dba West, a

Thomson Reuters business 41-1426973 1000004857

PC69956 Whole Phonics Inc. 85-1701635 1100273430 PC69957 William S. Hein & Co., Inc. 16-0878492 1000007570

GROUP 20070 - Books, Serials, Databases, and Library Resource AWARD PAGE 4

For complete Contractor contract information and Pricing information for this Award, please see the Contractor Information page located on the OGS Website at:

http://online.ogs.ny.gov/purchase/spg/awards/2007023260Can.htm

Cash Discount, If Shown, Should be Given Special Attention.

INVOICES MUST BE SENT DIRECTLY TO THE ORDERING AGENCY FOR PAYMENT.

(See "Contract Payments" and "Electronic Payments in this document.)

AGENCIES SHOULD NOTIFY PROCUREMENT SERVICES PROMPTLY IF THE CONTRACTOR FAILS

TO MEET DELIVERY OR OTHER TERMS OF THIS CONTRACT. PRODUCTS OR SERVICES WHICH DO

NOT COMPLY WITH THE SPECIFICATIONS OR ARE OTHERWISE UNSATISFACTORY TO THE

AGENCY SHOULD ALSO BE REPORTED TO PROCUREMENT SERVICES.

SMALL, MINORITY AND WOMEN-OWNED BUSINESSES:

The letters SB listed under the Contract Number indicate the contractor is a NYS small business.

Additionally, the letters MBE and WBE indicate the contractor is a Minority-owned Business Enterprise and/or Woman-owned Business Enterprise.

RECYCLED, REMANUFACTURED AND ENERGY EFFICIENT PRODUCTS:

Procurement Services supports and encourages the purchase of recycled, remanufactured, energy efficient and "energy star" products. If one of the following codes appears as a suffix in the Award Number or is noted under the individual Contract Number(s) in this Contract Award Notification, please look at the individual awarded items for more information on products meeting the suffix description.

RS, RP, RA Recycled RM Remanufactured SW Solid Waste Impact EE Energy Efficient E* EPA Energy Star ES Environmentally Sensitive

NOTE TO AUTHORIZED USERS:

When placing purchase orders under the contract(s), the Authorized User should be familiar with and follow the terms and conditions governing its use which usually appear at the end of this document.

The Authorized User is accountable and responsible for compliance with the requirements of public procurement processes. The Authorized User must periodically sample the results of its procurements to determine its compliance. In sampling its procurements, an Authorized User should test for reasonableness of results to ensure that such results can withstand public scrutiny.

The Authorized User, when purchasing from OGS contracts, should hold the contractor accountable for contract compliance and meeting the contract terms, conditions, specifications, and other requirements. Also, in recognition of market fluctuations over time, Authorized Users are encouraged to seek improved pricing whenever possible.

Authorized users have the responsibility to document purchases, particularly when using OGS multiple award contracts for the same or similar product(s)/service(s), which should include:

• a statement of need and associated requirements,

• a summary of the contract alternatives considered for the purchase,

• the reason(s) supporting the resulting purchase (e.g., show the basis for the selection among multiple contracts at the time of purchase was the most practical and economical alternative and was in the best interests of the State).

http://online.ogs.ny.gov/purchase/spg/awards/2007023260Can.htm

GROUP 20070 - Books, Serials, Databases, and Library Resource AWARD PAGE 5

ORDER OF PRECEDENCE:

The list of documents below addresses clarifications agreed to by the Contractor and the Office of General Services (OGS) and resolved by the parties and set forth herein in an order of precedence for the Contract award. The documents listed below were included in Solicitation 23260 or provided by the Contractor. Unless otherwise set forth in the procurement or contract documents, conflicts among documents shall be resolved in the following order of precedence:

1. Appendix A (October 2019), Standard Clauses for NYS Contracts (previously provided);

2. Contract Award Letter;

3. Clarifications to Bid documents dated May 13, 2022 (previously provided);

4. Solicitation #23260;

5. Appendix B (April 2016), General Specifications;

6. Attachment 1 – Pricing;

7. Attachment 4 – Insurance Requirements;

8. Appendix D – Federal Funding Agencies Mandatory Terms and Conditions;

9. Appendix C – Primary Security and Privacy Mandates;

10. Attachment 8 – Report of Contract Usage;

11. All other appendices and attachments to the Solicitation;

12. Contractor’s Bid Prices for the Products and services awarded under the above-referenced contract number;

13. Contractor’s Bid.

OVERVIEW:

This Contract 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 Contract. References to the State and its Agencies or Non-State Agencies as Authorized Users under this Contract encompass and include all such entities within the definition of “Authorized User” set forth in State Finance Law §163(1)(k). Products for purchase by all Authorized Users are described in the Section titled Scope.

Procurement Instructions describing requirements for Authorized Users to purchase from the Centralized Contract are found in the Section titled, Procurement Instructions to Authorized Users.

ESTIMATED QUANTITIES:

All quantities or dollar values listed within this Contract are estimates. 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 contract award, 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 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 to vary substantially from the estimates. 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.

GROUP 20070 - Books, Serials, Databases, and Library Resource AWARD PAGE 6

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

Authorized Users than anticipated.

In Procurement Service’s experience, depending on the price of a particular item, the actual volume of purchases for that item could be substantially in excess of, or substantially below, estimated volumes.

Specifically, if actual Contract pricing is lower than anticipated or historical pricing, actual quantities purchased could be substantially greater than the estimates; conversely, if actual contract pricing is higher than anticipated or historical pricing, actual quantities purchased could be substantially lower than the estimates. Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of the Contract could vary substantially from the estimates/historical values provided in this Contract.

DEFINITIONS:

Terms used in the Contract documents that have a capitalized first letter shall be defined in accordance with Appendix B, §2 Definitions, which is hereby incorporated by reference. The following definitions shall apply:

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.

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 that 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.

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 AWARD PAGE 7

Term Definition 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.

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.

GROUP 20070 - Books, Serials, Databases, and Library Resource AWARD PAGE 8

Term Definition 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.

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 labels; barcoding; security strips; processing of library materials or Journals, including affixing date and property; shipment consolidation, and MARC (Machine-Readable Cataloging) records and updates.

GROUP 20070 - Books, Serials, Databases, and Library Resource AWARD PAGE 9

Term Definition 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, audio recording, video recording, 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.

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).

GROUP 20070 - Books, Serials, Databases, and Library Resource AWARD PAGE 10

Term Definition 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”.

SCOPE:

These Contracts 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

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.

GROUP 20070 - Books, Serials, Databases, and Library Resource AWARD PAGE 11

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 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.

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.

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.

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.

GROUP 20070 - Books, Serials, Databases, and Library Resource AWARD PAGE 12

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.

PROCUREMENT INSTRUCTIONS TO AUTHORIZED USERS:

The Contracts are centralized Contracts issued under a multiple-award structure. Products offered under the Contracts, pricing, and other Contract information are posted to the OGS website or the awarded Contractors’ dedicated NYS websites. Authorized Users shall procure Products that best meet their form, function and utility requirements.

Pursuant to State Finance Law § 163(10)(c), at the time of purchase, Authorized Users must base their selection among multiple Contracts upon which is the most practical and economical alternative that is in the best interests of the State.

1. Before proceeding with a purchase, Authorized Users shall check the list of Preferred Source offerings. Authorized Users are reminded that they must comply with State Finance Law §162, which requires that agencies afford first priority to the commodities of Preferred Source suppliers such as Correctional Industries (Corcraft), NYS Preferred Source Program for People Who are Blind (NYSPSP), and NYS Industries for the Disabled (NYSID) when such commodities meet the form, function and utility of the Authorized User.

2. Where products are not available from Preferred Source suppliers in the form, function and utility required by the Authorized User, Authorized Users shall purchase from the centralized Contracts awarded under this Solicitation. The basis for selection among multiple contracts at the time of purchase shall be the most practical and economic alternative and shall be in the best interests of the State. Therefore, Authorized Users should obtain quotes from at least three (3) Contractors prior to issuing a Purchase Order for contract purchases to ensure that the Authorized User is receiving the best possible pricing. When soliciting RFQs from Contractors or submitting Purchase Orders, Authorized User should specify any federal and state laws, rules and regulations, policies, standards, and guidelines that the Contractor is required to comply with under a resultant purchase pursuant to Appendix C, Primary Security and Privacy Mandates.

3. When placing orders under the Contract(s), the Authorized User should be familiar with and follow the terms and conditions governing its use. The Authorized User is accountable and responsible for compliance with the requirements of public procurement processes. The Authorized User, when purchasing from OGS Contracts, should hold the Contractor accountable for Contract compliance and meeting the Contract terms, conditions, specifications, and other requirements.

Any federal and state laws, rules and regulations, policies, standards, and guidelines that the Contractor is required to comply with pursuant to Appendix C, Primary Security and Privacy Mandates, should be specified in the Authorized User Agreement. Additionally, in recognition of market fluctuations over time, Authorized Users are encouraged to seek improved pricing whenever possible.

Authorized Users have the responsibility to document purchases which should include:

• Statement of need and associated requirements;

• Obtaining all necessary prior approvals;

• A summary of the Contract alternatives considered for the purchase; and

• The reason(s) supporting the resulting purchase (e.g., show that basis for the selection among multiple Contracts at the time of purchase was the most practical and economical alternative and was in the best interests of the State).

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4. Authorized Users will issue Purchase Orders directly to the Contractor, specifying any shipping/delivery requirements and/or Statements of Work (if applicable).

5. Upon Authorized User acceptance of Products itemized on the Purchase Order, Contractor will invoice Authorized User for any portion of Products accepted, and accordingly, Authorized User will arrange for payment. Contractor shall provide itemized invoicing for all Products.

6. Pursuant to Product Performance Requirements, Contractor is required to 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. Authorized User should review such information during the RFQ process or prior to ordering Products and services. Documents that 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. Any additional licensing terms agreed to by the Authorized User shall not conflict with Appendix A, this Solicitation, any resultant Contract, or Appendix B. Any such conflicting terms shall be void and unenforceable.

PRICE:

Price shall include all customs duties and charges and shall be net, F.O.B. destination to any point in New York State as designated by the Authorized User and shall include all transportation charges and inside delivery for printed Publications. Upon mutual agreement, delivery locations may be expanded per the “Extension of Use” clause.

The Contractor’s price should include all costs associated with selling the product. No shipping charges are allowed EXCEPT on printed foreign Publications shipped directly to the Authorized User from an address outside the 48 contiguous US states including the District of Columbia. Foreign shipping costs shall be prepaid by the Contractor and added to the invoice and all such orders shall be shipped on F.O.B. destination by the most economical method. Contractor shall be required to quote shipping costs for foreign Publications upon request by the Authorized User prior to order placement. There shall be no increase in Contract prices for freight, shipping (foreign shipments excepted as noted above), fuel or other surcharges, FPT (Freight Pass Through), etc. during the term of the Contract.

Authorized Users may be charged additional fees, which include licensing fees, platform fees, etc. in excess of the base subscription fee for Electronic Publications. However, any additional fees shall only be those charges passed on by the Publishers and shall not include any additional fees charged by the Contractors for such services. The Authorized User must be notified of all such fees at the time of purchase. Fees that are not told to the Authorized User at the time of purchase shall be paid by the Contractor.

Contractor’s pricing information is included in the posted Pricelist linked from the Contractor Information page.

VOLUME DISCOUNTS:

Contractor may offer volume discounts using the thresholds listed on each Contractor’s Information

Page.

PREPAYMENT PLAN DISCOUNTS:

Contractor may offer Prepayment Plan Discounts using the thresholds listed on each Contractor’s

Information Page.

PROMPT PAYMENT DISCOUNTS:

Contractor may offer prompt payment discounts at the transaction level. Please refer to the Contractor’s

Information Page.

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MINIMUM ORDER:

The minimum order for Lot 1 items on this Contract shall be $100.00. Contractor may elect to honor orders for less than the minimum order; however, no additional charges shall be allowed. There is no minimum order requirement for Lots 2, 3, or 4.

PURCHASING CARD:

If the Contractor accepts orders using the State’s Purchasing Card (see Appendix B, Purchasing Card), also referred to as the Procurement Card, the Contractor shall not charge or bill the Authorized User for any additional charges related to the use of the Purchasing Card, including but not limited to processing charges, surcharges or other fees.

ORDERS:

Purchase Orders shall be made in accordance with the terms set forth in Appendix B, Purchase Orders. Authorized Users may submit orders over the phone, and, if available, may submit orders electronically via web-based ordering, e-mail, or facsimile at any time. Orders submitted shall be deemed received by Contractor on the date submitted.

All orders shall reference Contract number, requisition, and/or Purchase Order number (if applicable).

Upon Contractor’s receipt of an order, confirmation is to be provided to the Authorized User electronically or via facsimile. Order confirmation should be sufficiently detailed, and include, at a minimum, purchase price, date of order, delivery information (if applicable), Authorized User name, and sales representative (if applicable).

WEB-BASED ORDERS:

The State encourages the Contractor to establish and maintain a dedicated NYS website specifically for the resulting Contract that has a web-based ordering system with the capability of receiving electronic orders from over 5,000 Authorized Users via the internet. The web-based ordering system shall have full order inquiry capabilities and shall acknowledge receipt of an Authorized User’s order.

Contractor shall be required to post a copy of Contract Pricing, in both Excel and PDF formats on the website. The website link(s) will be listed under the Contractor information on the OGS website. The Contractor’s website will be the responsibility of the Contractor to maintain and keep updated. The State reserves the right to request demonstrations of the Contractor’s website.

The web-based ordering system should be capable of controlling, documenting, and reporting on the following minimum data elements:

• Contractor Name and Address

• Contract Number

• Ordering Agency/Facility/Political Subdivision, etc. and Address

• Purchase Order/Requisition Numbers

• Contact (individual placing order)

• Delivery Location

• Delivery Instructions

• Stock Number

• Manufacturer

• Description

• Unit of Measure

• List Price (unit)

• Net Price (unit)

PRODUCT DELIVERY:

Delivery of all Contract Products shall be made in accordance with Appendix B, Product Delivery and

Shipping/Receipt of Product.

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BACKORDERING:

Backordering shall be permissible only when authorized by the ordering Authorized User. Contractor shall make commercially reasonable efforts to complete orders within the guaranteed delivery period offered.

PACKING SLIPS:

A legible packing slip and/or Purchase Order copy must accompany each shipment of printed Books and Non-Print library materials. The carton containing packing slip must be so marked.

LABELING

Number of packages in a single shipment of printed Books and Non-Print library materials must be marked on outside of each carton. Purchase Order numbers, where required by the ordering Authorized User, must appear on the outside of each carton delivered.

RETURNS AND EXCHANGES:

In addition to the provisions of Appendix B, Title and Risk of Loss, Product Substitution, and Rejected

Product, Products returned or exchanged due to quality problems, duplicated shipments, outdated Product, incorrect Product shipped, Contractor errors otherwise not specified, or Products returned or exchanged due to Authorized User errors, shall be replaced with specified Products or the Authorized User shall be credited or refunded for the full purchase price.

Contractor shall make commercially reasonable efforts to replace Products within 10 Business Days of written notification to the Contractor of the Authorized User’s intent to return or exchange the Product.

Contractor can charge only a restocking fee for Product returned or exchanged due to Authorized User error that is determined not to be suitable for resale; the restocking fee cannot exceed the Net Price of the returned or exchanged Product.

Any credit or refund shall be applied against the next bill/invoice submitted by the Contractor to the

Authorized User. If no credit or refund, or only a partial credit or refund, is made in such fashion, the Contractor shall pay to the Authorized User the amount of such credit or refund or portion thereof still outstanding, within 30 calendar days of demand.

INVOICING AND PAYMENT:

Invoicing and payment shall be made in accordance with the terms set forth in Appendix B, Contract Invoicing.

The invoice must include detailed line-item information to allow Authorized Users to verify that pricing at point of receipt matches the Contract price on the original date of order. At a minimum, the following fields must be included on each invoice:

• Contractor Name

• NYS Vendor ID

• NYS Contract Number

• Authorized User name

• Authorized User’s Purchase Order Number (if applicable)

• Description of Products and Services

• Invoice Date

• Invoice Number

• Unit Price(s)

• Invoice Amount

• Payment terms being offered, if other than Net 30

• Any other information or substantiating documentation the Authorized User may reasonably require.

Cost centers or branch offices within an Authorized User may require separate invoicing as specified by each Authorized User. The Contractor's billing system shall be flexible enough to meet the needs of

GROUP 20070 - Books, Serials, Databases, and Library Resource AWARD PAGE 16 varying ordering systems in use by different Authorized Users. Visit the following link for further guidance for vendors on invoicing: https://bsc.ogs.ny.gov/nys-vendors.

Printed and Electronic Serials Invoicing and Payments

The following terms and conditions apply to Printed and Electronic Serials Products:

1. The Contractor may offer an early prepayment discount. Annually, the Contractor shall specify the percentages of discount offered and the deadlines for early payment. Subscriptions may be prepaid for up to three years for Authorized Users legally empowered to make advance payments.

2. The Contractor shall provide annual renewal invoice(s) and indicate if such invoices are available electronically.

3. The Contractor shall provide supplemental invoices for “bill as” published titles, for “bill later” titles, for new orders, etc., based on agreement with Authorized User.

4. The Contractor shall provide up to three copies of all invoices if requested by an Authorized User.

5. Increases in subscription price shall be allowed if correction in cost is required due to Publisher’s change in price.

6. Decreases in subscription price shall be refunded or credited, as specified, to the Authorized User promptly.

7. The Contractor shall, upon request from the Authorized User, provide proof of Publisher List Prices and increases or decreases in Publisher List Prices for specific titles.

8. Additional fees which are passed on by the Publishers, e.g., licensing fees, shall be listed separately on invoices.

Optional

If available and/or possible, Contractor to advise Authorized Users if the following may be provided:

1. Authorized User fund code.

2. Information indicating if charge is for a renewal or new order.

3. Information identifying “bill later” or “bill as” published titles.

4. On supplemental invoices, the original invoice number.

5. Availability of title in electronic format.

6. Customized Invoicing.

Claims

1. The Contractor shall be responsible for claiming all issues reported as not received or received damaged or defective by the Authorized User.

2. The Contractor shall promptly process claim notices in a timely manner not to exceed the claim period permitted by the Publisher.

3. The Contractor shall provide claim reports no less frequently than bimonthly.

4. Claim reports shall provide the following information:

a. Date of claim report.

b. Title(s) being claimed.

c. Issue(s) being claimed.

d. Date(s) of prior claim(s).

e. Publisher's response, if any.

5. The Contractor may accept and respond to claims by U.S. mail, facsimile, electronic mail, courier service, or online.

Conversion to New Contractor by Authorized Users

1. Renewal orders requested by Authorized Users shall be placed at least two months before expiration of current subscriptions.

2. If an interruption in service results from a change in a Contractor, any issues not received shall be obtained by the Contractor who received payment for that period at no additional https://bsc.ogs.ny.gov/nys-vendors

GROUP 20070 - Books, Serials, Databases, and Library Resource AWARD PAGE 17 cost to the Authorized User. Delivery to the Authorized User shall be made by the original Contract delivery and at no extra cost to the Authorized User.

3. If duplicate issues are received because of a change in Contractors and the Publisher required their return, the Contractor shall be responsible for resolving the problem and shall absorb any associated costs.

Reports

1. The Contractor may send the Authorized User a monthly statement showing the date and amount of each outstanding invoice and credit memorandum.

2. The Contractor shall notify the Authorized User of title changes and discontinued…