ESBD_File_346846_24-0143_EBook Mobile App_RFO.pdf

TEXAS STATE

LIBRARY

--AND--

ARCHIVES

COMMISSION

REQUEST FOR OFFER

RFO # 306-24-0143

E-Book/Audiobook Content and Mobile Application

NIGP Class/Items: 715-04, 715-35, 920-02, 920-03, 920-45

Schedule of Events Solicitation Posted Date: 1/4/2024

Pre-Submittal Conference: 1/16/2024; 10:00 AM CT Vendor Questions Due: 1/16/2024; 5:00 PM CT

Answers Posted to ESBD: 1/18/2024 HUB Notification Deadline: 1/19/2024

Response Due Date: 1/31/2024; 2:00 PM CT Vendor Demonstration(s): 2/20/2024 – 02/23/2024

Expected Contract Award Date: March 2024

Purchasing Department, Room # 309 1201 Brazos Street Austin, TX 78701

ATTENTION: It is the responsibility of interested parties to periodically check the Electronic State Business Daily (ESBD) website for updates to the solicitation prior to submitting a response. The Respondent’s failure to periodically check the ESBD will in no way release the selected Vendor from addenda or additional information resulting in additional costs to meet the requirements of the solicitation.

Texas State Library and Archives Commission RFO # 306-24-0143 E-Book/Audiobook Content and Mobile Application

TABLE OF CONTENTS

Table of Contents Section I

General Information 1 Introduction 2 Background 3 TSLAC Purchasing Contact and Prohibited Communication 4 Solicitation Method and Intent 5 Contract Term 6 Estimated Quantities 7 Adding New Products/Services to Contract After Award 8 Price Adjustments 9 Modification of Contract Terms and/or Amendments 10 Definitions 11 Additional General Terms and Conditions

Section II Statement of Work and Specifications

1 Statement of Work 2 Milestones Schedule 3 Resource Support 4 Training 5 Administrative Tools and Required Reports 6 Contractor Responsibilities 7 TSLAC Responsibilities 8 Qualifications and Experience 9 Subcontractors 10 Historically Underutilized Business Subcontracting Plan (HSP) 11 Contract Monitoring 12 Insurance 13 Transition 14 Invoice and Payment

Section III Response Instructions

1 Schedule of Events 2 Pre-Submittal Conference 3 Pre-Recorded Demonstration 4 Inquiries

5 Response Submission 6 Response Content and Requirements 7 Texas Public Information Act 8 Evaluation and Award

Section IV General Terms and Conditions

ARTICLE 1. GENERAL

ARTICLE 2. TERMINATION, REMEDIES, AND DISPUTES

ARTICLE 3. INDEMNIFICATION

ARTICLE 4. CONTRACT PERFORMANCE

ARTICLE 5. CERTIFICATIONS, REPRESENTATIONS, AND AFFIRMATIONS

ARTICLE 6. PUBLICITY, PUBLIC INFORMATION, AND RECORDS

ARTICLE 7. ADDITIONAL STATE AND FEDERAL LAWS, RULES, AND REGULATIONS

Library Services and Technology Act (LSTA) Terms and Conditions Section V

Data Center Services (DCS) 1 DCS Infrastructure Requirements 2 DCS Public and Private Cloud Compute and Software Acquisition 3 DCS Process Management 4 DCS Public Cloud 5 Sandbox Public Cloud Support 6 Semi-Managed Public Cloud Support 7 Fully Managed Public Cloud Support 8 Platform as a Service (PaaS) 9 Virtual Cross Connect (VXC) 10 Virtual Private Cloud (VPC) 11 DCS Private Cloud 12 Fractional Intel Virtualization (Consolidated Data Center) 13 Enterprise SAN Storage 14 Private Cloud Managed Support Services (available for all compute platforms) 15 Oracle Database Offerings 16 Database Services Support Options 17 Functions Retained by Texas State Library and Archives Commission – Not Provided by Data Center Services

Section VI

DCS SaaS/PaaS Policy 1 SaaS and PaaS Products Purchased Prior to Policy Effective Date

2 DCS Purchasing Requirements 3 Technology Requirements 4 Security Requirements 5 Public Cloud Manager (PCM) Services 6 Third Party SaaS/PaaS Products Request Process 7 Terms and Conditions

Appendix A Solicitation Coversheet

Appendix B Company Profile References

Appendix C Cost Worksheet

1 Initial Cost 2 Renewal Cost 3 Payment Terms 4 Early Payment Discount

Appendix D Technical Proposal

1 Project Approach/Methodology 2 Proposed Mobile Application Specifications 3 Online Ordering System/Marketplace 4 Administrative Functions 5 Participating Libraries 6 Training 7 Support 8 Promotion/Marketing 9 Implementation Plan 10 Assigned Project Team 11 Accessibility and Security 12 Hosting Options 13 Additional Services

Appendix E Confidential Information Form

Appendix F Terms and Conditions Exceptions

Appendix G e-Book Application Form Appendix H

Demonstration Script and Requirements 1 Instructions 2 Audience and Outcomes 3 Demonstration Script

Attachment 1 Response Checklist

Attachment 2 List of Participating Libraries

SECTION I

GENERAL INFORMATION

1 Introduction

The Texas State Library and Archives Commission (TSLAC) requires a qualified contractor to provide to provide an e-book and audiobook mobile application (app) suitable for use by a consortium of Texas public libraries. Qualified vendors must also offer a marketplace of e-book and digital audiobook content from which TSLAC can purchase titles for the shared consortial collection.

Services shall be provided to TSLAC’sLibrary Development and Networking (LDN) Division and made available to participating Texas libraries.

Respondents will be expected to include details about how their product is hosted. Details of the security and company process must be submitted for review and assessment.

2 Background

1.1. TSLAC Background:

The Texas State Library and Archives Commission (TSLAC), as authorized by Texas Government Code §441.223, created the E-Read Texas program in July 2019 to serve small and medium-sized public libraries in Texas. The program provides eligible libraries with a collection of e-books and audiobooks, as well as a local implementations of a mobile e-book app.

As of December 2023, there are 209 public libraries participating in E-Read Texas, and there are approximately 280 additional public libraries that are eligible to join the program. To be eligible for the program, Texas public libraries must submit the Public Libraries Annual Report to TSLAC each year, and must meet at least one of the following criteria:

1) Population served is less than 100,000 people

2) Electronic collection expenditures are less than $100,000 annually

TSLAC reserves the right to modify the eligibility criteria at any time during the contract period. A list of participating libraries is provided in Attachment 2.

The mobile app currently being used in the E-Read Texas program is SimplyE, an open-source mobile app developed by the New York Public Library. TSLAC contracts with Amigos Library Services to provide hosting and implementation of SimplyE, as well as technical support and training. Each library that participates in E-Read Texas has a local implementation of the SimplyE app that contains the titles in the E-Read Texas collection, as well as any locally purchased e-books/audiobooks that the library chooses to incorporate from platforms that are compatible with SimplyE. SimplyE integrates with each library’s local integrated library system (ILS) so that their patrons can log into the app with the library credentials, typically a barcode and PIN.

The E-Read Texas collection consists of approximately 20,000 titles (as of December 2023), composed primarily of adult fiction, popular non-fiction, and young adult titles. Approximately 15,000 of these titles are in e-book format and about 5,000 are downloadable audiobooks. The collection includes both English- and Spanish-language materials. TSLAC currently contracts with three vendors to purchase e-books and audiobooks for the E-Read Texas collection. All libraries participating in the program have access to the full collection, and all materials are purchased by TSLAC. Libraries in the program are not able to purchase materials for the E-Read Texas collection using local funds.

1.2. Department of Information Resources (DIR) Data Center Services (DCS):

TSLAC is a designated agency that is required to use data center services (DCS) when available. These requirements are specified in Sections V and VI of the solicitation. Respondents must review this information to have a clear understanding of the State’s DCS program public and private cloud. As a result, the Respondent may propose the appropriate technical solutions hosted in DCS. Section V and VI of the solicitation should also provide the Respondent with the opportunity to better understand how the proposed application is expected to integrate with the DCS program vendors and services throughout the life of the contract.

3 TSLAC Purchasing Contact and Prohibited Communication

1.3. Contact: All requests, questions, and other communications about this solicitation shall be made in writing through the e- Procurement portal or to TSLAC’s Purchasing Department, addressed to the following assigned Purchasing Team Member:

Primary Contact: Pam Rodriguez, Contract Coordinator Texas State Library and Archives Commission Attn: Purchasing Department, Room #309 1201 Brazos Street Austin, TX 78701 Email: prodriguez@tsl.texas.gov Phone: 512/463-5487

Secondary Contact: Email: purchasing@tsl.texas.gov Phone: 512/936-2774

1.4. Prohibited Communications: Upon posting of this solicitation, TSLAC, its representative(s), or partners will not answer questions or otherwise discuss the contents of this solicitation with any potential Respondents or their representative(s), except for the written inquiries described in Section III, Subsection 4. Respondents or their representatives may not ask questions by phone or in person and any such attempts will not be recognized as valid. Failure to observe this restriction may result in disqualification of any subsequent response to this solicitation. Respondent may rely only on written statements issued through or by TSLAC’s Purchasing Team. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

4 Solicitation Method and Intent

1.5. The Request for Offer (RFO) solicitation allows qualified respondents to submit a written offer addressing the requirements of this solicitation, qualifications, experience, approach, and other factors that will be employed to ensure the successful fulfillment of the specified goods and/or services set forth herein. TSLAC will review, compare, and evaluate responses based on the criteria and weights identified in this solicitation.

1.6. It is TSLAC’s intent to identify one qualified vendor and award one contract for the goods and/or services included in this solicitation based on the response that presents the best value and best meets the business needs of TSLAC. After award of the contract, TSLAC will identify individual e-book and audiobook titles for purchase. Additionally, the contract may be utilized by any public library that is eligible for the E-Read Texas program to purchase its own content from the awarded vendor.

1.7. TSLAC reserves the right to conduct a price analysis of the cost worksheet. The analysis will be conducted on the required items within the cost worksheet. Optional services will be scored based on their usefulness to the program/contract.

1.8. TSLAC reserves the right to add or delete services from awarded contract(s) during the contract period without re-solicitation as new technologies emerge, or the business needs of TSLAC change. Any additions or deletions will be mutually agreed upon with a written amendment to the contract.

5 Contract Term

1.9. Initial Contract Term: The initial contract term shall commence upon execution of a contract or as otherwise indicated in that notice and continue through September 30, 2025, unless sooner terminated under the terms of this contract.

1.10. Contract Renewals: The contract may be renewed for up to 4 additional one-year periods, provided both parties agree in writing to do so, prior to the expiration date of the contract term. Any renewals shall be at the same terms and conditions, plus any approved changes.

1.11. Contract Extensions: In the event that the contract(s), if any, resulting from the award of a solicitation shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified products and/or services, TSLAC may, with the written consent of the awarded Contractor(s), extend the current contract for a period of time as may be mailto:prodriguez@tsl.texas.gov mailto:purchasing@tsl.texas.gov necessary to permit TSLAC continued supply of the identified products and/or services (not to exceed twelve month extension period). Any extensions shall be at the same terms and conditions, plus any approved changes.

1.12. Termination: The contract shall terminate upon full performance of all requirements contained in the contract unless otherwise extended or renewed, as provided in accordance with all the contract terms and conditions.

1.13. Amendments: The contract may be amended in writing by mutual consent of the parties. Unless the solicitation states otherwise, the resulting award of the contract does not guarantee volume or a commitment of funds.

6 Estimated Quantities

Quantities specified herein are estimates only. TSLAC does not guarantee any minimum or maximum quantity of services or to allocate any specific dollar amount on any contract that may result from this solicitation. TSLAC reserves the right to increase or decrease quantities as needed for the same price. TSLAC will only pay for actual services provided within the contract term.

1.14. Varying Factors: The quantity of hours or units needed to fulfill service may vary from each year, making it difficult to predict future quantities.

1.15. Any quantities specified herein shall not be construed as a minimum or a maximum quantity that TSLAC may order.

1.16. Anticipated Number of Titles per fiscal year:

Estimated Number of Titles Format 2,000 E-books 1,500 Downloadable audiobooks

1.17. Potential Future Projects: As specific future projects become eligible, TSLAC will select Contractor(s) from the awarded contract list to submit specific project proposals. TSLAC will specify project quantity when requesting specific project proposals. TSLAC will only pay for hours spent conducting services specified within the scope of work of the contract.

7 Adding New Products/Services to Contract After Award

Following the contract award, additional products/services of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. A formal written request will be sent to the Contractor to quote on the proposed additional products/services.

Respondent shall submit offers to TSLAC as instructed. All prices are subject to negotiation with the Best and Final Offer (BAFO).

TSLAC may accept or reject any or all offers and may issue a separate solicitation for the products/services after rejecting some or all of the responses. The products/services covered under this provision shall conform to the specifications as outlined in the request.

8 Price Adjustments

1.18. Extension Period Pricing: A price escalation may be allowed upon renewal provided the Contractor notifies the TSLAC Purchasing Department, in writing, a minimum of sixty (60) days prior to renewal. The price escalation shall not exceed 2% from the previous term. However, escalation is not required for each renewal or extension. Failure to comply with these instructions may be grounds for disallowance of a price escalation as allowed herein.

1.19. Price Decreases: Price decreases will be allowed at any time. Contractor shall apply price decreases as soon as practicable following their determination. Any price reductions passed on to other customers shall be correspondingly offered at the same ratio to TSLAC. Contractor’s failure to promptly notify TSLAC of such industry-wide price decreases may constitute a breach of contract and the contract may be terminated. TSLAC reserves the right to award any terminated contract to the next lowest responsive Respondent or re-solicit, whichever is in TSLAC’s best interest.

9 Modification of Contract Terms and/or Amendments

1.20. The terms and conditions of the contract shall govern all transactions under the Contract.

1.21. The Contract may only be modified or amended upon mutual written agreement of Texas State Library and Archives Commission’s Purchasing Department and the Contractor.

1.22. Terms and conditions that do not conflict with the Contract and are acceptable to the Contractor(s) may be added to the Contract as an appendix and given effect. No additional term or condition added in the Contract can conflict of diminish a term or condition of the Contract. In the event of a conflict between the Contract and the Contractor’s terms and conditions, the TSLAC Contract terms shall control.

10 Definitions

Term Definition Accessibility The quality of providing all users, including those with disabilities, the opportunity to acquire the same information, engage in the same interactions, and enjoy the same services in an equally effective and equally integrated manner, with substantially equivalent ease of use. A person with a disability must be able to obtain the information as fully, equally and independently as a person without a disability

ACR Acronym for Accessibility Conformance Reports. Often used synonymously for Voluntary Product Accessibility Template (VPAT)

Agency Refers to the Texas State Library and Archives Commission; an agency of the State of Texas API Acryonym for application programming interface; a way for two more computer programs to communicate with each other Application Also known as app in this document; a computer program designed to carry out a specific task other than one related to the operation of the computer Authorized User A person authorized to use the product provided as specified in this solicitation Best and Final Offer (BAFO) A revised final bid or proposal submitted after all clarifications, discussions, and negotiations with the agency Central Time Either Central Standard Time or Central Daylight Time, whichever is occurring in Austin, TX Contractor Refers to the Awarded Vendor resulting from this solicitation; Vendor and Contractor may be used interchangeably DCS Refers to the Data Center Services, a division of DIR that provides hosting services to state agencies DIR Refers to the Department of Information Resources; an agency who serves as the IT procurement oversight agency ESBD Refers to the Electronic State Business Daily; the website used to post solicitation opportunities and contract awards by Texas State Agencies ICT Acronym for information and communication technology; see VPAT for more details ILS Acronym for Integrated Library System; also known as a library management system (LMS), an enterprise resource planning system for the library.

MARC Acronym for Machine-Readable Catalogue or Cataloguing; MARC implements the international standard for information exchange for the description of items catalogued by libraries, such as books, DVDs, and digital resources.

Participating Institutions Eligible public libraries, specified in this solicitation may use the product or service requested PDF Portable Document Format, a file format developed by Adobe that provides an electronic image of text or text and graphics that looks like a printed document and can be viewed, printed, and electronically transmitted

PII Acronym for personal identifiable information Request for Offer (RFO) Formal solicitation method that requests offers from eligible vendors; may also be referred to as a procurement opportunity Respondent Company or legal entity who answers or responds to this procurement opportunity/solicitation;

Vendor and Respondent may be used interchangeably throughout this document; is also considered the prime vendor

Response Refers to the formal offer in response to this solicitation SaaS Acronym for software as a service, defined as a software delivery model in which the Agency uses the third-party provider's applications hosted on the provider's cloud infrastructure. The software and associated data are centrally hosted in the cloud. The applications are accessible from various client devices through a thin client interface such as a web browser. The Agency does not manage or control the underlying cloud infrastructure including network, servers, operating systems, storage, or even individual application capabilities, with the possible exception of limited user-specific application configuration settings

Term Definition State Refers to the State of Texas and any state agency identified herein Subcontractor A person who contracts with a vendor to work or contribute toward completing work for a governmental entity; as defined by Texas Government Code 2251.001 TAC Acronym for the Texas Administration Code TSLAC Acronym for the Texas State Library and Archives Commission TX-RAMP Acronym for Texas specified Risk and Authorization Management Program, a method to provide a standardized approach for security assessment, authorization, and continuous monitoring of cloud computing services that process the data of a state agency.

URL Acronym for Uniform Resource Locator; the address of a webpage VPAT Acronym for Voluntary Product Accessibility Template, a document that explains how information and communication technology (ICT) products such as software, hardware, electronic content, and support documentation meet (conform to) the Revised 508 Standards for IT accessibility. Often used synonymously for accessibility conformance report (ACR).

VPAT® refers to the standard template developed by the Information Technology Industry Council available at https://www.itic.org/policy/accessibility/vpat

11 Additional General Terms and Conditions

These terms and conditions apply to the solicitation:

1.23. Contracting Information Responsibilities – In accordance with Section 552.372 of the Texas Government Code, Respondent agrees to (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the agency for the duration of the contract, (2) promptly provide to the agency any contracting information related to the contract that is in the custody or possession of the Respondent on request of the agency, and (3) on termination or expiration of the contract, either provide at no cost to the agency all contracting information related to the contract as provided by the records retention requirements applicable to the agency. Except as provided by Section 552.374(c) of the Texas Government Code, the requirement of Subchapter J, Chapter 552, Government Code, may apply to the contract and the Respondent agrees that the contract can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

1.24. Terms and Conditions Attached to Response – Any terms and conditions attached to a Response will be not considered unless specifically referred to and incorporated into the Response.

1.25. Texas Bidder Affirmation – Respondent certifies that if a Texas address is shown as the address of the Respondent on this Response, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

1.26. Vendor Representations - References to the “representations” of contractor include without limitation all representations, warranties, guarantees, certifications, and affirmations of contractor when submitting a response to this solicitation. By submitting a response, the contractor makes all of the representations included in the solicitation and agrees that all representations are material, true, and correct. Respondent acknowledges that TSLAC relies upon Respondent’s representations when awarding a contract. Contractor must promptly notify TSLAC if any representations are no longer true or correct. A contractor who does not promptly notify TSLAC is subject to remedies, including termination.

1.27. Non-State Entities Participation in Awarded Contract(s) – Texas law authorizes other non-State entities (e.g., local governments, including counties and school districts) to piggyback on contracts resulting from this solicitation. Contractor should consider proposing discounts and other terms that take into account such higher volumes and other expanded opportunities that could result from the eventual inclusion of other entities.

Non-state entities may use the resulting contracts by furnishing the Contractor with an internal purchase order or contract referencing the TSLAC contract number. Contractor will not deliver or provide related services until receipt of a purchase order generated by the non-State entity.

Contractor must provide written notification to TSLAC at contractmanagement@tsl.texas.gov when a non-State entity uses the active awarded contract resulting from this solicitation.

Respondents must also refer to Section V and VI of additional terms and conditions applicable to the agency’s Data Center Services.

mailto:contractmanagement@tsl.texas.gov

SECTION II

STATEMENT OF WORK AND SPECIFICATIONS

1 Statement of Work

The Contractor shall provide the following products and/or services:

1.1. End-User Mobile Application:

1.1.1. Each participating library must have their own local instance of the application (app). The app should be able to integrate with commonly used Integrated Library Systems (ILS) and allow patrons to authenticate with their library credentials, typically library barcode and password/PIN. See Appendix G for a list of ILS used by libraries in the E-Read Texas program.

1.1.2. The mobile app must be available for Apple and Android smartphones and tablets, at a minimum. Compatibility with e-reader devices and desktop/laptops is preferred.

1.1.3. The app must allow users to search and browse for materials and checkout and download content for offline reading/listening. Users should also be able to create bookmarks in e-books and audiobooks. The ability to create a wish list of items to read later is preferred.

1.1.4. Users should be able to create holds for checked-out items and be notified when their hold is available. In-device notifications or email alerts are acceptable. The ability for users to defer holds to a later date is preferred.

1.1.5. Users should be able to customize the display on their device, such as changing the font, font size, and background color.

1.1.6. A web interface where users can view search/browse the catalog, check out items, and manage their checkouts and holds is strongly preferred.

1.2. Online Marketplace/Ordering System:

1.2.1. Content

(A) The online marketplace must offer e-books and downloadable audiobooks for purchase. Perpetual licenses are preferred, but time-limited or metered licenses are also acceptable. Pay-Per-Use models may also be considered.

(B) For e-books, EPUB3 or later is strongly preferred, but PDF format may be acceptable in some instances. For downloadable audiobooks, either MP3 or MP4 format is acceptable.

(C) Adult fiction, popular non-fiction, young adult, and children’s content are appropriate for the collection. All major publishers as well as independent publishers will be considered for purchase.

(D) English-language and Spanish-language content are acceptable. Other non-English languages may also be considered in scope.

(E) Periodicals, such as magazines and newspapers are not currently offered in the E-Read Texas program but may be considered in scope for this solicitation.

1.2.2. Content Transfer

(A) The Contractor shall exercise commercially reasonable efforts to transfer content/licenses purchased from another Contractor to the Contractor’s platform.

(B) Should TSLAC terminate the Agreement in the future, the Contractor should also assist TSLAC in transferring content/licenses to another platform.

1.2.3. Ordering System

(A) The online ordering system should offer the following capabilities for the user/customer:

(B) Must allow for creation of multiple user accounts for the agency or library.

(C) Ability to build, manage, edit, and archive selection lists or book carts and export these lists to Excel or CSV format; and ability to create multiple selection lists or book carts.

(D) Must allow searching for content by four or more of the following: title, author, ISBN/ISSN, publisher, series, keyword, duplicate check, subject, or category.

(E) Should allow the user to filter searched content by one or more of the following: license terms, format, and audience.

(F) Should allow for the creation of standing orders and/or approval plans.

(G) Must provide functionality that alerts user about possible duplicate orders.

1.2.4. Collection Development Services

(A) The contractor should offer assistance to TSLAC with content selection by qualified personnel with experience selecting materials for a public library collection. It is strongly preferred that collection development personnel hold master’s degrees in library or information science.

1.2.5. Participating Libraries

(A) Participating libraries do not purchase materials for the consortial E-Read Texas collection but may want to purchase content for their local collection.

(B) Participating libraries will not need access to the online marketplace unless they opt to open an account at the local level. In this case, the library should only be able to purchase titles for their local account, and not for the consortial collection. This means any titles purchased directly by a participating library will only be made available to that library.

(C) Participating libraries should not be required to pay additional hosting/platform fees to open local accounts.

1.2.6. Catalog Records

(A) Catalog or MARC records must be available for the e-book and audiobook collection. These records must be able to automatically feed into a library’s ILS via an API or other method so that MARC files do not have to be manually loaded.

(B) Catalog records should include a URL that links the user to an interface where they can check out the item or place it on hold.

1.2.7. Content Curation

(A) TSLAC strongly prefers for each participating library to be able to curate content at the local level. TSLAC is willing to consider proposals for content curation functionality that is in development, as long as it will be put into production by the end of the initial contract term. The following functionality at the local library level is desired:

i. Changing the audience level for a book in the shared E-Read Texas collection.

ii. Hiding or removing a book from the shared E-Read Texas collection without removing it for other libraries in the program.

iii. Creating custom lists or bookshelves of featured titles.

1.3. Data Classification

The agency uses the Data Classification Template provided by the Department of Information Resources (DIR) to classify Program data and determine appropriate security controls. See https://dir.texas.gov/information-security/security-policy-and-planning/templates-guides-and-resources?id=139 for more information.

The classifications include:

https://dir.texas.gov/information-security/security-policy-and-planning/templates-guides-and-resources?id=139 https://dir.texas.gov/information-security/security-policy-and-planning/templates-guides-and-resources?id=139

• "Public" information that is freely available to the public

• "Sensitive" information which can be released but should be controlled to protect third parties

• "Confidential" information which is exempted from the Public Information Act

• "Regulated" information which is controlled by state and/or federal regulation or other third-party agreement

Data that are not "Public" information must be encrypted at rest and during transit and access to such data must be password controlled. Respondents are required to submit information concerning security and privacy in the Appendix G of their response. Respondents submitting their response should detail other security measures undertaken routinely by such Respondent relative to non-Public information, such as intrusion detection software, locked doors in server rooms, employee background checks for employees handling non-Public information, any outside audits of security procedures, routine penetration testing with remedial correction follow-up if necessary, unauthorized-user monitoring procedures and protocols, prompt repair of inadequate systems, and notification procedures if a data security breach has occurred.

TSLAC classifies the following data typically collected by providers of online resources as follows:

Data Type Category

1.1.1. Individual Username Confidential

1.1.2. Individual Password Confidential

1.1.3. User Email Confidential

1.1.4. IP address associated with user account Confidential

1.1.5. User activities associated with user account Confidential

1.2. Data Storage

All TSLAC and Authorized User data that is collected by the Contractor must be stored and maintained in the continental United States and must not be used for outreach or advertising purposes or any other purpose other than as specifically authorized under this solicitation and any resulting contract. TSLAC shall retain exclusive ownership of all TSLAC and Authorized User data, and all derived data generated through monitoring of Authorized User’s use and/or through analysis and other processing of Authorized User data for reporting requirements, and as otherwise permitted under this solicitation and any resulting contract.

1.4. Data Breaches

The Contractor must notify TSLAC of any breach of data no later than twenty-four (24) hours after Contractor’s discovery of the breach. In addition, if the breach affects 250 or more Texans, it must be reported to the Texas Attorney General using the Data Breach Submission form available at https://www.texasattorneygeneral.gov/consumer-protection/data-breach-reporting within 60 days of the determination that a breach occurred.

1.5. Accessibility

All content must be accessible to all users including those with a wide range of disabilities, including blindness and low vision, deafness and hearing loss, learning disabilities, and cognitive limitations. Accessibility requirements apply to the public interface, the administrative portal(s), and the training platform(s) of the resources.

TSLAC is required to follow rules for accessibility found in Texas Administrative Code, Title 1, Part 10, Chapter 206 and Chapter 213, and the U.S. General Services Administration Section 508 of the U.S. Rehabilitation Act.

TSLAC is required to collect and review Accessibility Conformance Reports (ACR) or Voluntary Product Accessibility Templates (VPAT) for each resource website or interface provided to Program participants. TSLAC strongly prefers that Respondents use the current VPAT® Section 508 template available from https://www.itic.org/policy/accessibility/vpat.

The current version is 2.4. The current Section 508 standard is WCAG 2.0 compliance at the AA level. If the U.S. Access Board updates its standard by rule, TSLAC will require Contractors to comply with the most current Section 508 standard.

Contractors may also, but are not required to, conform to other accessibility standards.

If any elements on the Respondent’s ACR or VPAT are marked as “does not support,” “partially supports,” or “supports with exceptions,” Respondent must also attach a product development roadmap showing how and when full compliance will be achieved. If full compliance is not included in a product development roadmap at the time the response is submitted https://www.texasattorneygeneral.gov/consumer-protection/data-breach-reporting https://www.texasattorneygeneral.gov/consumer-protection/data-breach-reporting https://www.itic.org/policy/accessibility/vpat or if full compliance cannot be achieved during proposed contract term due to the nature of the content contained in the resource, the Respondent must submit an explanation and describe an alternate means of access by which Authorized Users can access the content contained in the resource. TSLAC may, at its discretion, consider resources that are not fully compliant, but the agency will be required to request an exception as described in Texas Administrative Code, Title 1, Part 10, Rule §213.17. See https://dir.texas.gov/resource-library-item/eir-accessibility-exception-request-template for more information.

ACRs or VPATs submitted to TSLAC may not be marked as confidential. TSLAC is required to provide ACRs or VPATs to participating institutions and to Authorized Users upon request.

Any significant changes to a platform or interface during either the evaluation period of this solicitation or during the contract term will require the vendor to submit an updated ACR or VPAT. TSLAC will also request updated ACRs or VPATs, including URLs, annually at time of renewal. Any issues with compliance must be accompanied by a product development roadmap.

TSLAC or its third-party contractors may test resources for compliance with WCAG 2.0 compliance at the AA level using manual or automated testing methods. If testing results show a different level of compliance than described in Contractor’s ACR or VPAT, TSLAC may impose penalties or require Contractor to expeditiously remedy any lack of compliance.

Respondent will be asked to provide an online trial so that TSLAC can test the accessibility features of the proposed application.

2 Milestones Schedule

Below is the list of milestones with the estimated timeline. Respondents must have the capability to work within estimated timeline or deadline provided below. Respondents may propose an alternative timeline or deadlines but must meet the competition date of the project.

No.

2.1.

2.2.

Milestone Description Kickoff Meeting (Discuss schedule, implementation, and transfer) TSLAC Staff Training

Estimated timeline or due date No later than 5 business days execution of the contract June 2024 – July 2024 after

2.3. Content transfer(s) complete September 3, 2024

2.4.

2.5.

User Acceptance Testing

Final Acceptance of e-book application

One week after the content transfer complete September 16, 2024 is

2.6. Library Training(s) August 12 – September 20, 2024

2.7. Participating libraries go-live with e-book app October 1, 2024

TSLAC reserves the right to alter dates as necessary to accomplish project objectives and performance requirements.

3 Resource Support

The Contractor is required to provide a minimum service level of customer and technical support for the offered resource(s) as specified in this section. Respondents may offer a service level that exceeds the minimum requirements and must clearly define that service level agreement in their response. All costs of these support services must be all inclusive with the cost of the product.

3.1. Service Level Agreement. TSLAC requires the following minimum service levels for both Programs:

3.1.1. Product access will be available 24/7/365 with greater than 98% uptime over a 12-month period.

3.1.2. Contractor will maintain an issue tracking system to enter customer support requests, track issues, and document response. Contractor will provide a report on any customer support requests, resource outages, and open issues at a quarterly contract review meeting with TSLAC.

https://dir.texas.gov/resource-library-item/eir-accessibility-exception-request-template

3.1.3. General technical email support will be available seven (7) days per week to TSLAC. Requests for support must be acknowledged and assigned a tracking/case number within one (1) business day.

3.1.4. Contractor will implement needed upgrades only with a minimum of seven (7) days’ advance notice to TSLAC;

thirty (30) days’ notice is preferred.

3.1.5. Contractor will provide a minimum of 24 hours’ notice to TSLAC when any critical security updates are to be implemented.

3.2. Service Notifications. TSLAC strongly prefers that Contractor provide the following minimum levels of support for reported application issues:

3.2.1. Severity Level 1: Defined as a system outage or an outage of a component of the system. The impairment critically affects the primary business service, major application, or mission critical system.

(A) Initial response and recognition of the issue is provided to the agency within one hour.

(B) The agency is provided with updates every hour.

(C) Resolution of Severity Level 1 Application issues within four (4) hours.

3.2.2. Severity Level 2: Defined as the business service, major application, or system is seriously affected or implementation stopped. No acceptable workaround is available.

(A) Initial response and recognition of the issue is provided to the agency within one hour.

(B) The agency is provided with updates every two (2) hours.

(C) Resolution of Severity Level 2 Application issues within eight (8) business hours.

3.2.3. Severity Level 3: The business service, major application, or system is moderately impacted, no data has been lost, and the business service, application, or system is still functioning. The issue may be temporarily circumvented using an available workaround.

(A) Initial acknowledgement of receipt of issue within 24 hours.

(B) Updates available to the agency once per week.

3.3. Customer and Technical Support

3.3.1. Support Contacts for TSLAC

TSLAC staff and contractors provide end-user customer and technical support. Support is available during regular business hours, Monday-Friday, excluding State holidays. Some institutions prefer to contact the Contractor customer support directly; in that case, TSLAC requires that Contractor notify TSLAC of customer support requests and resolution times. To facilitate communication and mediation of support requests, TSLAC requires Contractor to provide a single point of contact for customer support and technical issues. TSLAC expects the Contractor to proactively communicate all changes to content and interfaces, updates, issues, outages, etc., to TSLAC immediately to ensure the highest level of statewide customer service.

3.3.2. Support Contacts for participating libraries

Support for other users must be available during regular business hours, Monday-Friday, excluding State holidays.

To facilitate communication and mediation of support requests, TSLAC requires the Contractor to provide a single point of contact for customer support and technical issues. Additionally, TSLAC expects the Contractor to proactively communicate all changes to content and interfaces, updates, issues, outages, etc., to both TSLAC and other entity immediately to ensure the highest level of statewide customer service.

4 Training

Training and outreach are critical elements of the E-Read Texas program. The TSLAC program manager will work with the Contractor to develop a training plan for each contract year. Sessions will primarily be virtual, but there may be a need for at least two on-site trainings a year. The Contractor may also provide training directly to participating libraries, and at regional library meetings and conferences. Respondent may propose limits on the number and type of trainings and may also propose the amount of lead time required to schedule each type of training.

4.1. Training topics:

4.1.1. For TSLAC staff:

(A) Migration to and implementation of new app

(B) Use of the end-user app

(C) Selecting and ordering titles in the online marketplace

(D) Use of the administrative portal, including creating inventory reports, viewing usage statistics, etc.

4.1.2. Training topics for participating libraries staff:

(A) Implementation of new app

(B) Use of the end-user app

(C) Overview of available promotional materials

(D) Use of the administrative portal, including viewing usage statistics, and creating custom lists of titles

(E) Any system upgrades and enhancements during the term of the contract

4.2. Training Schedule. TSLAC retains the right to cancel any training for any reason, provided one-week notice is provided to the Contractor. Contractor must agree to provide a minimum of 48 hours’ notice, except in unforeseen circumstances, if training is cancelled by the Contractor or if instructor is changed.

If weather conditions or other unforeseen circumstances will delay training, the Contractor must immediately provide notice to the TSLAC. Contractor must keep TSLAC informed at all times of any delays or interruptions in the training schedule, which are due to unforeseen circumstances. No exceptions will be granted if the Contractor does not provide notification to TSLAC. Acceptable forms to notice are an email or a telephone call. The telephone call must be followed up with an email for tracking purposes.

4.3. Accessibility Requirements. TSLAC requires that all training, whether virtual or face-to-face, be inclusive and accessible for all participants, including those with a wide range of disabilities, including blindness and low vision, deafness and hearing loss, limited motor control, and cognitive limitations such as learning disabilities.

TSLAC requires that all training materials be provided in an accessible electronic format and prefers that training materials be provided to registered attendees in advance. All course videos must have closed captioning, and any images used in training materials must be appropriately described or captioned and should be described verbally during the training session.

For face-to-face training, the Contractor will make every effort to provide reasonable accommodations such as sign language interpreters if requested by registered attendees with sufficient advance notice. Contractors must allow space and time for such accommodations to be successful.

For virtual training, TSLAC requires that training platform(s) meet WCAG 2.0 accessibility guidelines at the AA level.

Contractors that use platforms that do not meet this requirement as determined by a review of the ACR or VPAT provided by platform vendor must submit the ACR or VPAT to TSLAC for review and determination of the need for exception prior to any online training session. TSLAC further requires that trainings include automated live captioning; human-generated live captioning is preferred if a registered attendee requests such captioning in advance. All recordings of online training must be captioned, and a transcript of the recording must be provided on request.

4.4. Training Forms. If training is hosted by the Contractor, the Contractor must provide training participation statistics for all live/virtual and on-demand recorded trainings and on-site trainings, including at a minimum participant name and library, to the TSLAC program manager at least quarterly. Contractor may not use participation or evaluation data for any purpose other than satisfying TSLAC reporting requirements. Contractor will provide a report to TSLAC as specified below:

4.4.1. Participation and evaluation data will be collected by the Contractor, transcribed, and submitted to TSLAC in the form of an Excel spreadsheet or CSV within 1 business day after the scheduled training event. Upon award of the contract, TSLAC will provide template spreadsheets for Contractor’s use.

4.4.2. Participants must be informed that any information submitted on a registration or evaluation form will be subject to disclosure under the Texas Public Information Act and advised that the use of personal email addresses is not recommended.

5 Administrative Tools and Required Reports

TSLAC requires reports for multiple uses as shown below. The Contractor should provide the following features and services to TSLAC and authorized users:

5.1. Administrative Portal. Respondent must describe any portal for the product that allows access to reports and administrative features. The Respondent must demonstrate how access to each administrative interface will be provided to TSLAC and authorized users. The online administrative portal must include the following capabilities:

5.1.1. Ability to generate an inventory report showing all content that has been purchased. The report should include the date the title was purchased, the number of copies purchased, and preferably, the license terms under which it was purchased.

5.1.2. Ability to generate a report of expiring titles and titles with a certain threshold of loans remaining.

5.1.3. Ability to create emailed alerts for licenses that are expiring or that are approaching their maximum number of loans.

5.1.4. Ability to generate a report of titles currently on hold. The system should also allow for emailed alerts once a title has reached a certain threshold of hold requests.

5.1.5. May offer the ability to view and deliver invoices to one or more billing user.

5.1.6. The administrative system must allow TSLAC to generate usage reports for a set time period. COUNTER R5 compatible format for usage data is strongly preferred, but not required. Data should be exportable to Excel or CSV format.

5.2. Standard Reports. Respondent must describe the standard reports included in the product. Respondent should also describe if reports may be scheduled or run as needed. Standard reports must include:

5.2.1. Usage reports showing checkouts and holds at the individual library level must be available and/or sent to participating libraries.

5.2.2. A consortia report showing checkouts and holds for each participating library must be provided to the TSLAC program coordinator.

5.3. Ad hoc Reports. Respondent must describe the ability to create ad hoc reports and the resources available to train a user in using this feature.

6 Contractor Responsibilities

The Contractor shall:

6.1. Schedule monthly progress reports until the completion of the project; submit written report(s) to the assigned TSLAC Project Manager.

6.2. Agree to conduct all its services under the awarded contract by and through appropriate communication with TSLAC. No work, installation, or other services shall begin by Contractor except with the prior written authorization of TSLAC.

Contractor understands and agrees that work, installation, and other services performed without prior authorization of TSLAC is considered outside of the scope of the contract and shall be performed exclusively at the Contractor’s risk. The Contractor will not be compensated for unauthorized work or work outside of the scope of the contract.

6.3. Provide services in accordance with the requirements specified herein and the resulting contract(s) and adhere to the TSLAC General…