70-U0015-26-CP321_Ellucian Company - Sole Source Determination Form.pdf.PDF

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ELLUCIAN SOFTWARE MAINTENANCE AND SUPPORT
Solicitation number
70-U0015-26-CP321
Issued by
Catron County, New Mexico

About this file

This is a Sole Source Determination Form submitted by Clovis Community College to the State of New Mexico for the procurement of software maintenance and support services from Ellucian Company LLC. The college seeks to continue maintenance and support for the Banner system, which serves as the college's integrated Financial, Human Resources, and Student Information System. The prospective contract term is three years, with services beginning July 1, 2026. No bidder conferences, site visits, or competitive response dates are applicable to this sole source procurement, as the determination is based on the proprietary nature of the software and Ellucian's exclusive ownership of the source code and intellectual property.

The total contract amount is $998,697.00 before tax, with an estimated tax amount of $48,686.52. Clovis Community College justifies the sole source determination on the grounds that Ellucian is the sole owner and authorized distributor of the Banner software's source code and intellectual property, making it the only entity capable of providing updates, maintenance, and support. The college's due diligence concludes that no other vendors maintain a service provider certification program for Banner or possess the authorization to support the system. The renewal quote provided reflects annual escalation rates of 7% to 9% across multiple Banner modules, including Student, Finance, Financial Aid, Human Resources, and Document Management components. The contract is subject to approval by the State Purchasing Agent following a mandatory 30-day posting period without protest.

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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: Clovis Community College Agency Chief Procurement Officer: Nicolette Cardenas Telephone Number: 575-769-4032 Agency Contact for this request: Nicolette Cardenas Email Address cardenasn@clovis.edu

II. Name of prospective Contractor: Ellucian Company LLC

SHARE Vendor Number (must be active):

Address of prospective Contractor: 4 Country View Road, Malvern, PA 19355-1408

Contact Name, Telephone Number and Email Address: George Cornell, 1-800-223-7036, George.Cornell@ellucian.com Amount of prospective contract before tax: $998,697.00 Estimated tax amount (tax is subject to change): $48,686.52

III. Term of prospective contract: 3 years

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 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. Ellucian is the manufacturer of the college’s Financial, Human Resources, and Student Information System (“Banner”). This agreement includes continued maintenance and support of the “Banner” system.

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 college has previously installed the Ellucian “Banner” system at great investment of time and technical resources. Ellucian being the sole owner of the source code and intellectual property is the only entity authorized to provide updates and support to the system.

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.”) Proprietary software support and maintenance. Ellucian is the sole owner of the source code and intellectual property in order to support and maintain this system.

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. Proprietary intellectual property in order to support and maintain the “Banner”

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. Ellucian does not maintain a service provider certification program, therefore Ellucian is the only authorized vendor to provide maintenance and support for the services for which it is the exclusive licensor of the College’s Banner student, financial, and human resources system. The Ellucian software (Banner) is fully developed, is integrated, and is licensed and maintained exclusively by Ellucian. Ellucian protects its intellectual property interests by carefully safeguarding distribution of the Ellucian Software, in whole or in part. Licensees are required to execute a license agreement pursuant to which the College agrees to use Ellucian Software only for the purpose of conducting in-house, non-commercial computing operations and further agree to limit use of Ellucian Software to those employees with a need to know. Furthermore, Ellucian software is protected under copyright laws of the Unted States and the trade secret laws of several states.

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: 7/28/2026________________

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 cardenasn Stamp

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.

This is not an invoice 141460.0

Renewal Quote - Clovis Community College1

RENEWAL QUOTE IS VALID THROUGH 03/08/2026

or upon contract expiration (whichever occurs first)

1 Year

30-Jun-26 @ 9%

Maintenance Paid in Advance 2027 2028 2029 2030 2031 2027 2028 2029 2027

Banner

Document Management Integration Component $2,906 $3,109 $3,327 $3,560 $3,809 $4,076 $3,138 $3,390 $3,661 $3,168

Human Resources (with Self-Service) $51,663 $55,279 $59,149 $63,289 $67,720 $72,460 $55,796 $60,260 $65,081 $56,313

Student (with Self-Service) $103,908 $111,182 $118,964 $127,292 $136,202 $145,736 $112,221 $121,198 $130,894 $113,260

Finance (with Self-Service) $62,655 $67,041 $71,734 $76,755 $82,128 $87,877 $67,667 $73,081 $78,927 $68,294

Financial Aid (with Self-Service) $43,697 $46,756 $50,029 $53,531 $57,278 $61,287 $47,193 $50,968 $55,046 $47,630

Workflow $9,995 $10,695 $11,443 $12,244 $13,101 $14,019 $10,795 $11,658 $12,591 $10,895

EDISmart $0 $0 $0 $0 $0 $0 $0 $0 $0 $0

Evisions Corporation²

FormFusion $1,643 $12,104 $12,104 $12,104

Banner Document Management Suite

ApplicationXtender Desktop $3,434 $3,674 $3,932 $4,207 $4,501 $4,816 $3,709 $4,005 $4,326 $3,743

ApplicationXtender Image Capture $891 $953 $1,020 $1,092 $1,168 $1,250 $962 $1,039 $1,122 $971

ApplicationXtender Test Bundle $1,369 $1,465 $1,567 $1,677 $1,794 $1,920 $1,479 $1,597 $1,725 $1,492

ApplicationXtender Web Access .NET $955 $1,022 $1,093 $1,170 $1,252 $1,339 $1,031 $1,114 $1,203 $1,041

$283,116 $313,280 $322,258 $344,817 $368,954 $394,780 $316,095 $328,310 $354,575 $318,910

1 Year

Subscription Paid in Advance @ 7%

Financial Aid 2027 2028 2029 2030 2031 2027 2028 2029 2027

FM Need Analysis $13,074 $13,728 $14,414 $15,135 $15,892 $16,686 $13,858 $14,690 $15,571 $13,989

$13,074 $13,728 $14,414 $15,135 $15,892 $16,686 $13,858 $14,690 $15,571 $13,989

$296,190 $327,008 $336,673 $359,951 $384,845 $411,467 $329,953 $343,000 $370,146 $332,899

1 In addition to the items listed in the table above, Client also has the following:

TouchNet expiring on 7/31/2026 2 Evisions can only be renewed for 1 year.

Escalation will be applied annually, year -over-year. For example, by selecting a Multi-Year Renewal the related escalator stated above will be applied to the expiring amount every 12 months.

The products in the table(s) reflect only those that have an expiration date of June 30, 2026

Should you choose to terminate support for any of the products above at the end of the current contract year, you must notify Ellucian in writing no later than

March 31, 2026 by sending in a formal request on institution letterhead to Renewals@ellucian.com. Cancellation requests will be processed in accordance with applicable contract terms. If you are interested in a multi-year renewal or have questions, please contact Ellucian at Trish.Zolty@ellucian.com.

5 Years 3 Years

@ 7% annually @ 8% annually

5 Years 3 Years

@ 5% annually @ 6% annually

Ellucian Confidential and Proprietary Information Renewal Number:

Period

Ending

For the Period Beginning July 1, 2026

Clovis Community College Renewal Proposal - TZ

C0082 - 120825

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: Clovis Community College

Agency Chief Procurement Officer: Steve Brooks

Telephone Number: 575-769-4913

Agency Contact for this request: same

Telephone Number & Email Address same/brookss@clovis.edu

II. Name of prospective Contractor: Ellucian Company L.P.

SHARE Vendor Number (must be active):

Address of prospective Contractor: 2003 Edmund Halley Dr.., Ste. 500; Reston VA

20191

Contact Name, Telephone Number and Email Address: George Cornell, 1-800-223-7036, George.cornell@ellucian.com

Amount of prospective contract before tax: $958,132.00

Estimated tax amount (tax is subject to change): $77,294.39

Term of prospective contract: 3 years

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): Ellucian is the manufacturer of the college’s financial, human resources, and student information system (“Banner”). This agreement includes continued maintenance and support of this system.

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.) Proprietary software support and maintenance. Ellucian is the sole owner of the source code and intellectual property in order to support and maintain this system.

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.”) Proprietary

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. Proprietary software support and maintenance. Ellucian is the sole owner of the source code and

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

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. Ellucian does not maintain a service provider certification program, therefore Ellucian is the only authorized vendor to provide maintenance and support for services for which it is the exclusive licensor of the College's Banner student and financial system. The Ellucian software (Banner) is fully developed, is integrated, and is licensed and maintained exclusively by Ellucian. Ellucian protects its intellectual property interests by carefully safeguarding distribution of the

Ellucian Software, in whole or in part. Licensees are required to execute a license agreement pursuant to which to College agrees to use Ellucian Software only for the purpose of conducting in-house, non-commercial computing operations and further agree to limit use of Ellucian Software to those employees with a need to know.

Furthermore, Ellucian Software is protected under copyright laws of the United

States and the trade secret laws of several states.

Certified by: Date:________8 Mar 23____________

____________Steven J. Brooks__________________________

Agency Chief Procurement Officer

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 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.

sole-source-determination-form-4.2026 (Ellucian FY27)
I. Name of Agency: Clovis Community College
Clovis Community College June 2026 Expiration Renewal Quote 120825
2024 to 2026 Ellucian state sole source

File details come from the government source that posted it. Updated .