60-50500-26-33507_Sole Source Determination Form FINAL.pdf.PDF

2026 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 Protest and subsequently approved in writing by the State Purchasing Agent. The foregoing requirement is regardless of whether the sole source request for determination has been signed by the Agency.

I. Name of Agency: Department of Cultural Affairs Agency Chief Procurement Officer: Melissa Catanach Telephone Number: 505-827-7836 Agency Contact for this request: Ian T. Cook Email Address: ian.cook@dca.nm.gov

II. Name of prospective Contractor: Tessitura Network

SHARE Vendor Number (must be active): 0000111953 Address of prospective Contractor: PO Box 222234, Dallas, TX 75222

Contact Name, Telephone Number and Email Address: Beth Dietzler, 888-643-5778 x

3823, beth.dietzler@tessituranetwork.com Amount of prospective contract before tax: $393,713.00 Estimated tax amount (tax is subject to change): $32,235.25 (ESTIMATE ONLY)

III. Term of prospective contract: July 1, 2026 – June 30, 2030

Note: Please refer to §13-1-150 for contract term limits.

If this is an amendment request to an existing contract, include current sole source posting number issued by SPD:

IV. If this is a Sole Source for new or existing IT software licensing subscription(s), Agency is required to upload the Contractor’s draft Service Level Agreement (SLA) with the Sole

Docusign Envelope ID: 41D90F94-9708-86F4-8253-A2958B966FFB mailto:ian.cook@dca.nm.gov mailto:beth.dietzler@tessituranetwork.com

Source online submission.

V. Agency is required to provide the detailed scope of work (or amendment) for this sole source. Scope of work must match the scope included in the services determination and Horizons declination.

Contractor shall provide agency with access to and use of the Tessitura Cloud Platform to facilitate onsite and online ticket sales and ticket validation at all Agency sites. The software allows for general admission as well as select-your-own reserved seating for three

(3) theaters at the National Hispanic Cultural Center and provides accurate reporting of all ticket sales on an ad hoc/as needed basis.

Additionally, the Contractor shall provide:

1. Membership in the Tessitura Network, which includes all upgrades and new versions, unlimited technical support of system to end users by phone and email with availability 24 hours/day, 7 days/week, 365 days each year, through term of the contract.

2. PCI compliant webhosting of online shopping cart to facilitate online credit card sales. Contractor shall notify Agency (POC), within 48 hours of compromised customer information and/or credit card information.

3. Access control via N-Scan software licenses for all handheld devices.

VI. 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 Department of Cultural Affairs (Agency) implemented The Tessitura ticketing system in FY2021 to manage sales and visitation at each of its museums and historic sites. Since that time, the Agency has invested over $300,000 in customization, custom software development, configuration, training, and hardware systems to support the agency’s unique permissions, security, and visitor tracking needs. The system, its modifications and customizations are critical to the operations of the agency. The Tessitura software system, and the supporting services described in the scope of work can only be obtained from the Tessitura Network.

VII. Provide a detailed, sufficient explanation of the reasons, qualifications, proprietary rights or unique capabilities of the prospective contractor that makes their company the only source capable of providing the required professional service, general 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.”)

The Tessitura Network is the developer and owner of all rights to the Tessitura software system. The Tessitura Network licenses use of the software to member organizations and does not authorize other vendors as a reseller. The Agency has invested nearly $300,00 in equipment, configuration, consulting services, and training of staff in its initial purchase and setup of the Tessitura system. This investment, and the subsequent work performed by Agency staff in customizing and maintaining the system would be lost if the Agency were to migrate its operations to a different system. Continued use of the system is in the best interest of the Agency and the State of New Mexico. The Tessitura Network, a non-profit, member-owned business, is the owner and sole vendor of the software. Additionally, it is the only provider of support, licensing, and associated services for this software. No other vendor can provide these. Originally developed in 1998, the Tessitura software system is now used by more than 750 cultural and performing arts organizations worldwide. This large user base allows the vendor to invest in improvements and upgrades on a regular basis. Because the system is used for financial management and revenue processing, a vendor with a proven record, large user base, and trusted system of support is critical for the Agency.

VIII. Provide a detailed, sufficient explanation of how the professional service, general 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.

The Tessitura system has been uniquely customized for Agency needs. No other system available is currently configured for selling tickets across the state of New Mexico’s museums, historic sites, and performing arts venues. No other system currently available maintains records and data for the past three years of ticket sales, allowing Agency management to obtain useful reports and data related to Agency performance measures.

IX. 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.

The Tessitura Network is the proprietor that owns the license and the copyrights to the source code, software, database, and other technologies used to operate the Tessitura system. The Agency contacted vendors with Software Value-Added-Reseller Statewide Price Agreements. All responded that they are unable to provide the software system requested.

Agency certifies this sole source submission complies with NMSA 1978, Sections 13-1-28 through 13-1-199, the New Mexico Administrative Code (NMAC) and Governmental Conduct

Act, NMSA 1978, Sections 10-16-1 through 10-16-18.

Certified by: Date:____________________

Agency Chief Procurement Officer

Certifying Legal Sufficiency by: Date: ____________________

Agency Legal/General Counsel

Agency Approval by: Date: ____________________

Cabinet Secretary/Agency or Entity Head or Designee

APPROVED: Date:____________________

State Purchasing Agent

If this sole source is being submitted by a governmental agency or governmental entity not under the 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.

Docusign Envelope ID: 41D90F94-9708-86F4-8253-A2958B966FFB

6/22/2026

6/23/2026

6/23/2026

I. Name of Agency: Department of Cultural Affairs