40-50500-24-27459_SSD 40-50500-24-27459 OCLC.pdf.PDF

2021 Sole Source Form

STATE OF NEW MEXICO

SOLE SOURCE REQUEST AND DETERMINATION FORM

A sole source determination is not effective until the sole source request for determination has been posted for thirty (30) calendar days without challenge, and subsequently approved in writing by the State Purchasing Agent or, for Professional Services Agreements, the Secretary of the General Services Department. The foregoing requirement is regardless of whether the sole source request for determination has been signed by the Agency and/or the Contractor.

I. Name of Agency: Department of Cultural Affairs Agency Chief Procurement Officer: Melissa Catanach Telephone Number: 505-827-7836 Agency Contact for this request: Bradley Carrington Telephone Number & Email Address 505-476-9709 bradley.carrington@dca.nm.gov

II. Name of prospective Contractor: OCLC SHARE Vendor Number (must be active): 12151 Address of prospective Contractor: 6565 Kilgour Place, Dublin OH 43017-3395 (payment remit address P.O. Box 5405, Denver CO 80217-5405)

Contact Name, Telephone Number and Email Address:

Janice Miller, 800-848-5878 Legal@oclc.org Amount of prospective contract before tax: $77,240.73 Estimated tax amount (tax is subject to change): $0 (tax exempt certificate Type 9 number B-2171616-09-00587)

Term of prospective contract: one year (FY25: July 2024-June 2025) Note: For terms longer than one year, Request for Policy Exemption from DFA MUST be included.

III. Agency is required to state purpose/need of purchase and thoroughly list the services (scope of work), construction or items of tangible personal property of the prospective contract (if this is an amendment request to an existing contract, include current contract number issued by SPD):

OCLC is the sole provider for the bibliographic utility for the New Mexico State Library (NMSL), a division of the Department of Cultural Affairs. It is used on a daily basis for the NMSL’s essential cataloging and interlibrary lending needs.

Scope of work:

Contractor will provide the following services:

Obtain subscriptions to the following OCLC products. United States customers must

DocuSign Envelope ID: 7A065373-A3F2-4FAE-A199-DBFB505B613A purchase directly from OCLC. <https://www.oclc.org/en/contacts/all-contacts.americas-region.sales.html?> WorldShare ILL subscription ILL Fee Management (IFM) transactions fees IFM transaction borrowing debit expenses ILLiad license renewal Cataloging and Metadata subscription WebDewey subscription FirstSearch subscription

Obtain hosting for the following server. The server is running software proprietary to

OCLC.

ILLiad hosted server renewal

IV. Provide a detailed explanation of the criteria developed and specified by the agency as necessary to perform and/or fulfill the contract and upon which the state agency reviewed available sources. (Do not use “technical jargon;” use plain English. Do not tailor the criteria simply to exclude other contractors if it is not rationally related to the purpose of the contract.)

The NMSL catalogs all material acquired by the Library. We make the cataloging available to Library patrons, other libraries in New Mexico and to libraries worldwide.

We facilitate interlibrary lending so that patrons at one library can borrow materials from other libraries in New Mexico and beyond. We facilitate interlibrary lending for most of the public and tribal libraries in New Mexico; on their own they cannot afford to subscribe to OCLC services. To accomplish this work the NMSL utilizes all of these OCLC services, on a daily basis. The New Mexico State Library has subscribed to OCLC services since 1980. Our holdings symbol is currently on almost 300,000 OCLC cataloging records, indicating to borrowers that we have copies of these titles.

Cataloging uses:

Cataloging and Metadata subscription WebDewey subscription

Interlibrary lending uses:

WorldShare ILL subscription ILL Fee Management (IFM) transaction borrowing debit expenses IFM transaction fees ILLiad hosted server renewal ILLiad license renewal FirstSearch subscription

Library customers use the FirstSearch service for our discovery system and for links in web search results. Library customers use ILLiad to place their borrowing orders.

V. Provide a detailed, sufficient explanation of the reasons, qualifications, proprietary rights or unique capabilities of the prospective contractor that makes the prospective contractor the one source capable of providing the required professional service, service, construction or item(s) of tangible personal property. (Please do not state the source is the “best” source or the “least costly” source. Those factors do not justify a “sole source.”) OCLC is the sole proprietor that offers the suite of services that can fit the needs of the NMSL and the public it serves. The Cataloging and Metadata Subscription enables unlimited access to WorldCat for the purposes of copy cataloging, original cataloging and metadata management for licensed, digital and physical materials. The WorldCat database contains almost 550 million cataloging records. We can catalog using its products such as Connexion®, WorldShare® Record Manager, and Batch Services. We use its functionality with Library of Congress programs such as NACO, CIP, CONSER, BIBCO.

The New Mexico State Library is a cataloging partner with the Library of Congress. The WorldShare ILL Subscription enables unlimited access to WorldCat for the purposes of borrowing and lending licensed, digital and physical materials. For our OCLC holdings the FirstSearch service gives our customers a discovery interface and it exposes our library holdings in web search results using sites such as Google and Goodreads. These services are necessary to the success of our Technical and Public Services bureaus, and to the success of our customers. The constitute a large part of our day-to-day operations.

VI. Provide a detailed, sufficient explanation of how the professional service, service, construction or item(s) of tangible personal property is/are unique and how this uniqueness is substantially related to the intended purpose of the contract.

New Mexico has no statewide resource-sharing network for interlibrary lending; many states do. The OCLC WorldShare ILL network is our only option. For ILL requests from other public and tribal libraries in New Mexico we use ILLiad. Most libraries in New Mexico use the Dewey Decimal Classification for cataloging. OCLC owns Dewey and its online version WebDewey. We contribute cataloging to the Library of Congress Program for Cooperative Cataloging. For its serials cataloging component CONSER, we are required to use OCLC Cataloging. We contribute cataloging to the Library of Congress Cataloging-in-Publication; for this partnership we are required to use OCLC Cataloging.

Only OCLC FirstSearch can expose our OCLC holdings ("syndicate" our holdings) in 3rd party web site search results. Only OCLC offers this combination of services.

VII. Explain why other similar professional services, services, construction or item(s) of tangible personal property cannot meet the intended purpose of the contract.

Other potential vendors include Innovative Interfaces, Inc., however for resource sharing that solution does not offer an existing ILL network that we could join (for example, the Prospector INN-Reach system in Colorado). For cataloging we could not use SkyRiver (from Innovative Interfaces, Inc.) for all of our Library of Congress partnership work. The Research Libraries Group offered cataloging and interlibrary lending, but it was purchased by OCLC. The Clarivate MetaDoor record exchange was suspended after OCLC sued over copyright infringement. There has been no funding available to build our own statewide interlibrary lending network for New Mexico.

VIII. Provide a narrative description of the agency’s due diligence in determining the basis for the procurement, including procedures used by the agency to conduct a review of available sources such as researching trade publications, industry newsletters and the internet;;

contacting similar service providers; and reviewing the State Purchasing Divisions’ Statewide Price Agreements. Include a list of businesses contacted (do not state that no other businesses were contacted), date of contact, method of contact (telephone, mail, e-mail, other), and documentation demonstrating an explanation of why those businesses could not or would not, under any circumstances, perform the contract; or an explanation of why the agency has determined that no businesses other than the prospective contractor can perform the contract.

No other vendor can provide maintenance and updates for this proprietary software and related services. OCLC's services are truly unique. Librarians at the State Library keep aware of market developments by attending conferences, reading journals and attending vendor exhibits. A scan of OCLC alternatives was conducted by Illinois for its RAILS consortium. The report was published in April 2015:

https://www.railslibraries.info/sites/default/files/attach/92257/environmental_scan_of_ocl c_alternatives_final_report.pdf . A scholarly journal article based on this report is also available:

https://www.researchgate.net/publication/307622063_An_Environmental_Scan_of_OCL C_Alternatives_A_Management_Perspective Since that time have been no other major investigations of alternatives.

Because New Mexico has no statewide consortium the NMSL continues to require use of the OCLC services.

Certified by: Date:____________________

Agency Chief Procurement Officer

Agency Approval by: Date: ____________________

Cabinet Secretary/Agency or Entity Head or Designee

DocuSign Envelope ID: 7A065373-A3F2-4FAE-A199-DBFB505B613A

4/23/2024

4/24/2024

APPROVED: Date:____________________

State Purchasing Agent

If this sole source is being submitted by a governmental agency or governmental entity not under the final authority of the State Purchasing Agent, the State Purchasing Agent’s signature is not required. The signature line may be removed from this form or marked as N/A. Hard Copy Documentation for Courtesy Postings do not need to be submitted to SPD for approval.