Statements of Work - combined.pdf

Contract 2021-1 Page 18 of 29 Printing ORS and Associated Publications

Attachment 1 Statement of Work

Part I Work Summary Part II Print Specifications Part III Delivery Specifications Part IV Additional Terms and Conditions

PART I – WORK SUMMARY

Contractor shall provide the Services summarized in the paragraphs below and discussed in more detail in Parts II and III of this Statement of Work. Each of the numbered items in this summary is a Deliverable for which Contractor may invoice Agency and for which Agency will pay a portion of the contract price in accordance with the terms and conditions set forth in Part IV of this Statement of Work. The sum total of all Deliverables identified or specified in this Statement of Work is the Work Product.

1 - For the 2021 Oregon Revised Statutes (set of 22 perfect-bound volumes):

Between November 16, 2021, and November 30, 2021, the Office of the Legislative Counsel (“Agency”) will transmit electronic files to Contractor, which shall print, bind and distribute 1,414 22-volume sets of perfect-bound volumes and 3,614 additional single perfect-bound volumes of the 2021 edition of the Oregon Revised Statutes (“ORS”) for delivery by January 6, 2022, or as close to that date as possible due to industry-wide market conditions, but no later than March 15, 2022. Agency will supply electronic customer distribution lists and the text of an instruction sheet for Agency’s customers. Contractor shall supply text stock;

cover stock; and printing, binding and distribution services, which will include printing and film-laminating the covers, shrink-wrapping volumes individually and packaging sets in cartons. Contractor shall ship approximately 1,000 ORS sets directly to customers and the remainder of the order to Agency’s warehouse in Salem, Oregon.

2 - For the 2022 Oregon Laws (single perfect-bound volume):

Agency will transmit electronic files and supply the text for the 2022 Oregon Laws and for a customer instruction sheet and 19 attachable insert pages (one page for each of 19 ORS text volumes) in the late spring of 2022. Contractor shall supply text stock; cover stock; and printing, binding, lamination, shrink-wrapping and distribution services for 1,442 perfect-bound volumes and accompanying sets of 19 attachable insert pages by the delivery date agreed upon at the time Agency transmits the electronic files and text.

3 - For the 2022 Annotations Supplement (single perfect-bound volume):

Agency will transmit electronic files and supply the text for a customer instruction sheet in the late spring of 2022. Contractor shall supply text stock; cover stock; and printing, binding, lamination, shrink-wrapping and distribution services for 1,442 perfect-bound volumes by the delivery date agreed upon at the time Agency transmits the electronic files and text.

PART II - PRINT SPECIFICATIONS

Books: Agency will transmit electronic text files that are saved in .PDF format created from mainframe files.

A. Size. Each volume must be 8-1/2" x 11"; this size must be exact and uniform throughout the set.

The signatures must be folded accurately and squarely to maintain register on top, bottom, gutter and outside margins of the pages, which consist primarily of two-column text.

B. Text stock. The text stock for the 22-volume ORS sets is preferred to be 40# white recycled book (free sheet) with a smooth finish and the following characteristics:

Opacity: 88 minimum Brightness: 92 Tear: 15 minimum

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However, due to industry-wide market conditions that limit the availability of 40# white recycled book (free sheet) text stock, Agency will accept 50# Opaque (non-recycled) text stock as a suitable replacement for the 22-volume ORS sets.

Agency shall specify the text stock for the 2022 Oregon Laws volume in consultation with Contractor.

Contractor must be able to supply text stock of 40# and 50#, or an intermediate weight if necessary, to meet Agency’s specifications for spine text and other design elements. The specification will depend on the page count of the volume, which will be determined in the late spring of 2022.

Contractor shall submit a text stock sample to Agency for approval before printing.

C. Ink. Contractor shall print all text in black nontoxic ink.

D. Margins. Agency will supply electronic files with consistent text margins for volumes 1 to 19 of ORS as follows, which Contractor will reproduce uniformly within volumes and across the set:

Top: 3/4" Bottom: 5/8" Gutter: 1-5/8" Outside: 5/8"

The top, outside and bottom margins will be narrower on the Table of Titles page in the front matter of volume 1. The outside margin only will be narrower in volume 22 (Tables). Margins in volumes 20 to 22, the 2022 Oregon Laws and the 2022 Annotations Supplement will differ slightly.

E. Blank pages. Contractor shall allow not more than seven blank pages at the end of each volume; these blank pages will be unnumbered.

Binding: Agency will transmit electronic cover files that are saved in .PDF format created from InDesign files.

A. Cover stock. Contractor shall provide a cover stock of Contractor's choice that is comparable in price and quality to the 10 pt. Kallima recycled cover stock used in the 2019 edition of ORS and that Contractor deems equivalent in durability and appropriateness for statutes. Contractor shall use the same cover stock for the 2021 ORS (22-volume set), the 2022 Oregon Laws volume and the 2022 Annotations Supplement volume. Contractor shall submit a cover stock sample to Agency for approval before printing.

B. Cover printing and film laminating. Contractor shall print the covers (one side only) and spines on white stock with one color, and film-laminate the covers with nylon gloss layflat film lamination. Contractor may use an alternative cover finish if the alternative finish is appropriate for statutes, meets or exceeds industry standards for quality, and provides an equivalent or better product for Agency’s customers and if Contractor specified the alternative cover finish in Contractor’s Proposal and included among the samples described in section 2.3.1 of the RFP a sample volume produced with the alternative cover finish. Covers and spines must be similar across the 22-volume 2021 ORS set, the 2022 Oregon Laws volume and the 2022 Annotations Supplement volume.

C. Cover and spine text. The electronic files that Agency transmits will be consistent, with exact uniformity of sinks for type and the four rule lines of each volume. There will be copy changes in the cover and spine for each volume. Contractor shall provide Agency with a formula for calculation of spine width based on Contractor’s text stock and cover stock, and shall confirm the final width of each spine based on final page count and text stock before Agency transmits electronic file for cover of each volume.

D. Binding. Contractor shall gather and perfect-bind the signatures with a PUR (polyurethane) or other high-quality adhesive that, when cured, withstands high as well as low temperatures, remains flexible in cold weather, is compatible with the text stock, meets or exceeds industry standards for quality in durability and finish, is appropriate for volumes of up to 1,300 pages and is recyclable.

E. Trim. The trim must be square, smooth and uniform across the set at 8-1/2" x 11".

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F. Page pulls and flex test. The page pulls and flex test for the bound volumes must meet printing trade customs and Government Printing Office (GPO) standards as follows:

a. Page pull: Minimum of 2.00 lbs. per lineal inch

b. Flex test: Minimum of 175 flexes

Proofs: Contractor shall send electronic proofs for text and hard copy proofs for covers and spines to Agency, which will approve or disapprove the proofs within two business days after receiving the proofs and promptly notify Contractor. If, after reviewing the proofs, Agency requests that Contractor resubmit proofs for approval, Contractor shall do so promptly. Agency will retain the hard copy cover proof for the first volume transmitted for comparison of color match and alignment with subsequent volumes’ cover proofs. Contractor shall pay all shipping costs for cover proofs. Agency’s contact for receiving proofs is .

Contractor shall ship cover proofs to:

Office of the Legislative Counsel Publication Services 900 Court Street NE, S101 Salem, OR 97301-4065

Instruction Sheet: An 8-1/2" x 11" instruction sheet must accompany each ORS set, each set of 2022 insert pages and each 2022 Annotations Supplement volume. Agency will transmit the instruction sheet text separately. Contractor shall print the single-sided instruction sheets on 50# white bond stock with black ink and shall shrink-wrap the instruction sheet with volume 1 of each 2021 ORS set, with each set of 19 insert pages printed in 2022 and with each copy of the 2022 Annotations Supplement volume. There will be a separate instruction sheet to print for each of the three stages of this contract.

Attachable Insert Pages: Agency will electronically transmit the text for 19 attachable insert pages with the text of the 2022 Oregon Laws volume. Each insert page will be 7-1/2” x 10” with text and tables printed in black ink on one or both sides, and will have an adhesive strip with a peel-off cover on the back side of the left long edge (gutter). Contractor shall print the insert pages and shrink-wrap them in sets. Each set must have one of each of the 19 different insert pages.

2022 Oregon Laws: The 2022 Oregon Laws volume must match the 2021 ORS volumes in all print specifications except the margins. The margins may vary slightly because some components will be based on Word files and some will contain large tables.

2022 Annotations Supplement: The 2022 Annotations Supplement volume must match the 2021 ORS volumes in all print specifications.

Quantity: The estimated page count for the 22-volume set of the 2021 ORS is 19,318 pages; Agency will not know exact volume page counts until compilation is complete (there were 18,000 pages in the 2019 edition of ORS). This Statement of Work requires the Work Product to be printed as a lot based on the estimated page counts below. Contractor must be able to print a volume of up to 1,200 pages; volume page counts will range from a low of 500+ pages to a high of 1,100+ pages. There will be a total of 24 volumes printed, which encompasses the 2021 ORS, the 2022 Oregon Laws and the 2022 Annotations Supplement.

Contractor shall print:

A. 1,414 volume sets of the 2021 edition of ORS;

B. 1,414 instruction sheets to accompany the sets;

C. 3,614 Additional individual volumes as shown in the following chart;

D. 1,442 volumes of the 2022 Oregon Laws;

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F. Consistent cover color; and

G. Particular attention to the consistent alignment of spine text and rule lines across the finished set of 2021 ORS and the matching 2022 Oregon Laws and 2022 Annotations Supplement volumes.

Agency will not accept volumes that have missing or duplicate signatures, missing or out-of-sequence pages, creased pages, uneven margins or uneven trim across the set. Binding must hold up under normal use and frequent photocopying and must not allow pages to become loose or separate from the volume.

Agency reserves the right to reject any materials or work that do not meet these requirements. Contractor is liable for any losses due to rejection for unacceptable materials or work.

Recycling: Contractor shall use recyclable products to the maximum extent economically feasible in providing the Work Product.

PART III - DELIVERY SPECIFICATIONS

Dates: Agency will transmit the electronic files for the 2021 edition of ORS in several installments in November 2021. Contractor shall deliver the 2021 edition of ORS by January 6, 2022, or as close to that date as possible due to industry-wide market conditions, but no later than March 15, 2022. Contractor shall deliver the 2022 Oregon Laws volumes and the 2022 Annotations Supplement volumes within four weeks after receiving the electronic files in the late spring of 2022. Delivery delays must be brought to the Agency’s attention in a timely manner. If unforeseen circumstances delay transmitting of electronic files, Agency will allow corresponding extensions of the date of delivery.

Shrink-wrap: Contractor shall shrink-wrap each volume individually. Each copy of volume 1 of ORS earmarked for inclusion in a set and each 2022 Annotations Supplement volume must have an instruction sheet shrink-wrapped with the volume. Each set of 19 attachable insert pages will be shrink-wrapped with an instruction sheet together as a set.

Cartons: Contractor shall pack each ORS set in three cartons of corrugated cardboard suitable for mailing, using enough additional packing material to prevent cartons from leaning or distorting when palletized. Contractor shall pack additional individual volumes with others of the same volume number in cartons with labels that display the edition of the ORS volumes and the number of volumes in the carton. Contractor shall supply cartons that meet the following requirements:

A. R.S.C. style (regular slotted carton);

B. A or C flute;

C. Double secure seams capable of 45-lb. capacity for shipping; and

D. Corrugated inside protective liner.

Contractor shall use extreme care in packing and is responsible for replacing incorrectly packed shipments.

Carton Marking: Agency will supply a diagram with the required carton marking to Contractor, which shall mark the cartons as follows:

A. One end marked “Open Other End.”

B. Opposite end marked with this return address:

Legislative Counsel Committee c/o DAS Property Distribution Center 1655 Salem Industrial Dr. NE Salem, OR 97301

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For cartons containing sets, marked on the left side as appropriate:

Complete set of ORS 2021 Edition Box 1 of 3 - Volume ____ to Volume ____ - Open This Box First or Complete set of ORS 2021 Edition Box 2 of 3 - Volume ____ to Volume ____ or Complete set of ORS 2021 Edition Box 3 of 3 - Volume ____ to Volume ____

Contractor shall submit electronic proofs of carton marking to Agency for approval prior to packing the entire shipment. Send carton marking proofs to .

Pallets: Contractor shall assemble the shipment on durable 40” x 48” 4-way pallets. Each pallet must contain only one publication, such as: Pallet #1 contains only cartons of individual copies of volume 1; Pallet #2 contains only cartons of sets for volumes 1-8; Pallet #3 contains only cartons of sets for volumes 9-16, etc. The pallets must fit the packaged product with no overhanging cartons and must be secured to the top of the load with a pallet top.

Contractor shall band the pallets on all sides with metal bands that do not stretch. Agency will consider a proposal that specifies alternative pallet bands if the alternative bands do not stretch and will bind the pallets securely during shipping to Agency’s warehouse, so that Agency can deliver undamaged products to Agency’s customers.

Contractor shall use stretch wrap to prevent water and transit damage and use corner protectors to eliminate damage in loading and unloading. Pallet stacks must be low enough to minimize load shifting during transit.

Each pallet must have a label with bold lettering at least four inches in size and legible from a distance of 25 feet that identifies the total quantity of items on the pallet, the item name and, for pallets shipped to the Legislative Counsel warehouse, the destination “Legislative Counsel Warehouse, c/o DAS Property Distribution Center.”

Customer Lists: Agency will supply electronic lists of customers for the 2021 edition of ORS in a text format file within two weeks before final delivery. Contractor shall ship approximately 1,000 sets of ORS directly to customers using Agency’s FedEx account number. Agency’s mailing list contact is .

Contractor shall ship via freight the remaining sets and individual volumes of the 2021 edition of ORS as follows:

A. 50 sets delivered on a single pallet: Legislative Counsel Committee c/o DAS Property Distribution Center 1655 Salem Industrial Dr NE Salem OR 97301

B. All other cartons to: Legislative Counsel Committee c/o DAS Property Distribution Center 1655 Salem Industrial Dr NE Salem OR 97301

The shipper must notify Agency at 503-986-1243 at least 24 hours before delivery. The receiving dock is open Monday through Friday between 8:00 a.m. and 4:00 p.m. and can accommodate any type of commercial truck; no additional equipment is needed. Agency will provide further details about shipment of the 2022 Oregon Laws and 2022 Annotations Supplement volumes at the time Agency transmits the electronic files.

Shipping: For orders delivered via FedEx, Contractor shall ship each ORS set as one unit containing three boxes that are labeled “Box 1 of 3”, “Box 2 of 3” and “Box 3 of 3” and that have consecutive tracking numbers.

Contractor shall stress accuracy when reading shipping lists to keep misshipments to an absolute minimum.

Contractor shall send Agency via e-mail a copy of the FedEx detailed shipping manifests detailing recipient name and address, pick up date, customer reference number, tracking ID, number of packages and weight of packages.

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PART IV – ADDITIONAL TERMS AND CONDITIONS

The terms and conditions set forth in this Part IV of the Statement of Work are in addition to and not in lieu of any terms and conditions set forth elsewhere in this Contract. Unless otherwise specified in this Part IV of the Statement of Work, to the extent that a term or condition set forth elsewhere in the Contract conflicts with a term or condition set forth in this Part IV of the Statement of Work, the term or condition set forth in this Part IV of the Statement of Work controls. The terms and conditions set forth in this Part IV of the Statement of Work are hereby incorporated into and made a part of the Contract by this reference.

Billing: After completing the printing and distribution cycle for each Deliverable identified in the work summary set forth in Part I of this Statement of Work, Contractor shall send to Agency an invoice itemized as follows:

A. Total text stock costs;

B. Total cover costs;

C. Total prepress charges;

D. Total printing charges;

E. Total binding charges;

F. Total carton costs; and

G. Total shipping costs categorized by freight and FedEx, and attached to detailed shipping manifests.

Change orders and amendments: Contractor shall obtain prior authorization from Agency before making any changes to the print order or any of the specifications set forth in this Statement of Work. If a change affects the cost or specifications of the order, Contractor shall send a change order request in writing to Agency before proceeding with the change. The change order request must include the contract number, the reason for the change, the name of the Agency representative who tentatively authorized the change, if any, the cost of the change and the proposed new total price or change in specifications. Agency may request additional information concerning the change order request. If Contractor does not follow this process, Agency is not responsible for and will not pay any additional costs not set forth in the Contract.

If Contractor wishes to change a term or condition in the Contract after executing the Contract, Contractor shall send a written request to amend the Contract to Agency. The request must include the contract number, the reason for the requested amendment, proposed language for the amendment or a description of the change requested for a Contract term or condition and the change in the cost of the Contract that would result from the proposed amendment. All amendment requests and amendments are subject to OAR 137-047-0800 and Agency shall reject a proposed amendment request that does not conform to the requirements set forth in OAR 137-047-0800. Agency may request additional information concerning the proposed amendment. If Contractor does not follow the process set forth in this paragraph, Agency shall reject the proposed amendment request and the Contract will remain unaltered.

Defects: If Contractor causes defects in all copies of any volume, Contractor shall reprint the volume or otherwise make whole Agency and Agency’s customers, at Agency’s sole discretion. If Contractor causes defects in certain copies of any volume, Contractor shall issue a credit for the defective volumes; the credit will be a per-unit cost of the job multiplied by the number of defective volumes Contractor produces.

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Electronic Files:

A. Transmitting. Agency will transmit electronic files in PDF format (text will be primarily converted mainframe files and covers will be InDesign files) in periodic installments, using File Transfer Protocol (FTP). Agency and Contractor shall agree on an alternative file transfer method to use if necessary. Contractor shall notify Agency promptly when Contractor receives the files.

B. Testing. After Agency awards the Contract, Agency and Contractor shall promptly arrange to test file transfer methods and text printing using Agency test files. All testing must be complete at least one week before the first scheduled file transmission date. Agency’s testing contact is

C. Property. All Agency electronic files and any other materials submitted to Contractor as part of publication of the 2021 edition of the Oregon Revised Statutes, the 2022 Oregon Laws and the 2022 Annotations Supplement remain the property of Agency. Contractor may not, without prior express written permission from Agency:

a. Make or distribute any electronic or hard copy files, prints, reprints or copies of any of the work done under this Contract; or

b. Use any electronic or hard copy files, prints, reprints or copies of any of the work done under this Contract for derivative products.

The provisions of this paragraph C are in addition to and not in lieu of the provisions set forth in section 3.J. of the Contract.

D. File Alterations. If Contractor proposes to typeset or in any other way alter the electronic files Agency transmits to Contractor other than as expressly authorized in this Statement of Work, Contractor shall notify Agency and obtain Agency’s approval before proceeding.

Liquidated Damages: Contractor’s failure to deliver the Work Product in accordance with the specifications of this Statement of Work will cause serious and substantial damages to Agency because of urgent need.

Because it would be difficult, if not impossible, to prove the amount of such damages, Contractor agrees that for each calendar day or part thereof that this Contract remains incomplete beyond the delivery date specified in this Statement of Work, unless the contract has been mutually extended in writing and signed by the Parties, Contractor shall pay to Agency the amount of $1,000 as liquidated damages and not as a penalty. Agency, at Agency’s discretion, may deduct the amount of liquidated damages from money due or to become due to Contractor under the Contract.

A written assent by Agency to any extension of the specified delivery date constitutes a waiver only as to that particular extension and is not a waiver of any other or subsequent delivery date, and the written assent does not operate to bar or prevent enforcement and collection of liquidated damages for late delivery as provided in this Statement of Work except to the extent that Agency specifically waives the enforcement or collection. If Agency waives the delivery date, the waiver in no way affects the other rights and obligations of the Parties set forth in this Contract.

Because Contractor before executing this Contract has specifically identified availability of paper stock and shipping facilities as a risk and constraint on Contractor’s ability to deliver the Work Product in accordance with the schedule set forth in this Contract, Agency hereby covenants to assent promptly in writing to an extension of any previously specified delivery date for the Work Product that Contractor can reasonably attribute to the risks and constraints set forth in this paragraph. In the written assent, Agency shall specify an extension to the delivery date to which the Parties mutually agree. Agency’s written assent under this paragraph is a waiver of enforcement or collection of liquidated damages during the period of the extension, subject to the limitations specified in the previous paragraph. Agency’s covenant under this paragraph is conditioned upon Contractor’s providing Agency with reasonable advance notice of any anticipated delays and Contractor’s exercising commercially reasonable efforts to deliver the Work Product as soon as is practicable, given the identified risks and constraints on delivery.

Paper Stock Escalation: Agency will allow a cost escalation on paper stock as follows: Agency will reimburse Contractor for the amount of the actual net dollar increase in the cost of stock that occurs after the Contract

Contract 2021-1 Page 27 of 29 Printing ORS and Associated Publications award and before Contractor prints the 2022 Oregon Laws or 2022 Annotations Supplement if Contractor, within 10 working days after the Contract award, provides documentation by the paper stock wholesaler of the price used in submitting the proposal and states the amount of stock required. Contractor shall again submit documentation of the price of stock at the time Contractor wishes to request a cost escalation. Contractor shall also offer any decrease in the cost of paper stock to Agency. Contractor shall send Contractor’s request for a cost escalation and all related documentation to Agency at:

Office of the Legislative Counsel 900 Court Street. NE, S-101 Salem, OR 97301-4065

Agency may accept the requested price change or may terminate the Contract at Agency’s option. Agency offers this escalation provision in consideration of paper industry market conditions.

Cash Deposit as Performance Guarantee: After receiving notification of Contract award, Contractor shall submit within 10 business days a refundable cash deposit to ensure faithful performance of the contract. The cash deposit must be in an amount equal to 10 percent of the contract price and deposited by the Agency with the Oregon State Treasury’s safekeeping escrow program.

Performance Guarantee cash deposit shall be delivered to:

Legislative Counsel Committee 900 Court St NE, S-101 Salem, Oregon 97301

Samples: Sample copies of 2019 ORS volumes, the 2018 Oregon Laws and the 2020 Annotations Supplement are available from Agency. The samples are for information and general guidance only. If there is any difference between the specifications of this contract and samples of prior editions, the specifications of this contract control.

Silence of Specification: Any apparent silence of specification or omission of detail from a description means that materials and workmanship of the highest quality are required under this Statement of Work. If Contractor finds discrepancies or omissions in these specifications or is in doubt as to their meaning, Contractor shall notify Agency promptly.

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Statement of Work

Part I - Work Summary Part II - Print Specifications Part III - Delivery Specifications Part IV - Additional Terms and Conditions

PART I – WORK SUMMARY

Agency will transmit electronic files in .PDF format on or before 2/1/2023.

Contractor shall supply text stock; tab stock; cover stock; and printing, laminating, collating, binding, varnish, shrink-wrapping and distribution services, by the delivery date agreed upon at the time Agency transmits the electronic files, for 1,000 black Plasticoil-bound books of the Essential Rules for Oregon Courts.

Each book must include five white 1/2” inch width tab dividers separating contents of the publication. The tabs shall be printed on one side and laminated, and the tab dividers shall be collated into the text stock as one bank of five tabs. Contractor shall provide sample of tab stock to Agency upon request.

PART II - PRINT SPECIFICATIONS

Books: Agency will transmit electronic text files that are saved in .PDF format created primarily from mainframe files, Oracle files and Word files in an 8-1/2” x 11” format.

A. Size. Each book must be 8-1/2” x 11”; this size must be exact and uniform. Agency will not accept deviations in the finished size of the books. The signatures must be folded accurately and squarely to maintain register on top, bottom, gutter and outside margins of the pages.

B. Estimated page count. 728 pages plus front and back covers and five divider tabs

C. Text stock. The text stock must be 50# white recycled book (free sheet) with a smooth finish and the following characteristics:

Opacity: 88 minimum Brightness: 90 minimum

D. Ink. Contractor shall print all text in black nontoxic ink (1/1). Cover ink must be PMS 2685 C plus gloss varnish (2/0).

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E. Text printing. Contractor shall print text pages two-sided, head-to-head style. Line copy only: no screens, bleeds or solids. Text files for the book are created using:

Adobe InDesign 6 for inside title page Word files for front matter and non-statute text IBM DW370 mainframe text files for statute text Oracle files for Indexes

All files will be converted to .PDF format before transmission to Contractor.

Binding: Agency will transmit electronic files for the front cover, back cover and inside title page that are created in Adobe InDesign 6 and converted to .PDF format.

A. Cover stock. Contractor shall provide cover stock of Contractor's choice that is comparable in price and quality to White 12-pt C1S cover stock and that Contractor deems equivalent in durability and appropriateness for statutes.

B. Cover printing. Contractor shall print the covers (one side only) on white stock with one color and gloss varnish. Color must be consistent.

C. Cover text. Covers print in full ink coverage with text reversed out of PMS and bleeds on all sides. Inside of cover does not print.

D. Binding and trim. Contractor shall bind the Essential Rules for Oregon Courts books with black Plasticoil binding. The trim must be flush, square, smooth and uniform without torn or damaged covers or pages.

E. Quality control. Contractor (both primary and book binder, if different) must provide quality control measures to ensure accurate communication about adjustments required by Contractor during production and to avoid upside-down signatures or creases on printed pages during folding and tie/strap bundling. Agency will contact Contractor to resolve issues that arise for book binding.

Proofs: Contractor shall send electronic proofs for text and covers to Agency, which will approve or disapprove the proofs after receiving the proofs and will promptly notify Contractor. If, after reviewing the proofs, Agency requests that Contractor resubmit proofs for approval, Contractor shall do so promptly.

Electronic proofs shall be delivered to lc.contracts@oregonlegislature.gov.

Quantity: The estimated page count for the book is 728 pages. Contractor will print 1,000 books.

Overruns: Agency will accept and pay for not more than 5% overruns on the order.

Agency will not accept an underrun.

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Quality of Materials and Workmanship: All materials and workmanship provided under these specifications must be of the highest quality in every aspect. This Statement of Work requires:

A. Uniform ink coverage;

B. Clear and blemish-free text;

C. Exact copy positioning;

D. Precise and consistent trimming;

E. Clear and sharp cover printing; and

F. Consistent cover color.

Contractor (or book binder, if different) shall thoroughly inspect a minimum of 25 randomly chosen copies of the printed and bound book to verify that the print run does not have creased pages, poor or inconsistent print quality, misplaced page signatures or other product defects that are inconsistent with the specifications set forth in this Contract or otherwise inconsistent with quality printing standards. Contractor shall choose the copies for inspection from the beginning, middle and end of the book’s print run and shall replace at Contractor’s expense any copies that have identified defects. Agency will not accept books that have missing or duplicate signatures, missing or out-of-sequence pages, creased pages, uneven margins or uneven trim. Binding must hold up under normal use and frequent photocopying and must not allow pages to become loose or separate from the book.

Agency reserves the right to reject any materials or work that does not meet these requirements. Contractor is liable for any losses due to rejection for unacceptable materials or work.

Recycling: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work.

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PART III - DELIVERY SPECIFICATIONS

Dates: Agency will transmit the electronic files for the books on or before 2/1/2023.

Contractor shall deliver the books on or before 4/1/2023. If unforeseen circumstances delay transmitting of electronic files, Agency will allow corresponding extensions of the date of delivery.

Shrink-wrap: Contractor shall shrink-wrap each book individually.

Cartons: Contractor shall pack books in cartons of corrugated cardboard suitable for mailing, using enough additional packing material to prevent cartons from leaning or distorting when palletized. Contractor shall supply cartons that meet the following requirements:

A. R.S.C. style (regular slotted carton);

B. A or C flute;

C. Double secure seams capable of 45-lb. capacity for shipping; and

D. Corrugated inside protective liner.

Contractor shall use extreme care in packing and is responsible for replacing incorrectly packed shipments.

Carton Marking: Contractor shall label each carton with labels that display the publication name, the number of books in the carton and the Agency return address.

A. One label must be at the end of the box and marked with the publication name and the number of books in the carton, substantially as in the example below:

2023 Essential Rules for Oregon Courts

Quantity: ____ Books

B. One label must be on the top left-hand side of the box marked with this return address:

Legislative Counsel Warehouse c/o DAS Property Distribution Center 1655 Salem Industrial Dr NE Salem OR 97301

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Contractor shall submit electronic proofs of each of the carton markings to Agency for approval prior to packing the entire shipment. Send carton marking proofs to

Pallets: Contractor shall assemble the shipment on durable 40” x 48” 4-way pallets. The pallets must fit the packaged product with no overhanging cartons and must be secured to the top of the load with a pallet top.

Contractor shall use stretch wrap to prevent water and transit damage, and use corner protectors to eliminate damage in loading and unloading. Pallet stacks must be low enough to minimize load shifting during transit.

Each pallet must have a label with bold lettering at least four inches in size and legible from a distance of 25 feet that identifies the number of items per box, the number of boxes per stacked layer, and the total quantity of items on the pallet, the item name and, for pallets shipped to the Legislative Counsel warehouse, the destination “Legislative Counsel Warehouse, c/o DAS Property Distribution Center.”

Deliver FOB to:

Legislative Counsel Warehouse c/o DAS Property Distribution Center

Address billing questions to:

Office of the Legislative Counsel

900 Court St NE S-101 Salem OR 97301-4065 lc.contracts@oregonlegislature.gov

Address shipping questions to:

The shipper must notify Agency at (503) 986-1243 at least 24 hours before delivery. The receiving dock is open Monday through Friday between 8:00 a.m. and 4:00 p.m. and can accommodate any type of commercial truck; no additional equipment is needed.

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The terms and conditions set forth in this Part IV of the Statement of Work are in addition to and not in lieu of any terms and conditions set forth elsewhere in this Contract. Unless otherwise specified in this Part IV of the Statement of Work, to the extent that a term or condition set forth elsewhere in this Contract conflicts with a term or condition set forth in this Part IV of the Statement of Work, the term or condition set forth in this Part IV of the Statement of Work controls. The terms and conditions set forth in this Part IV of the Statement of Work are hereby incorporated into and made a part of this Contract by this reference.

Billing: After completing the printing and distribution cycle for each Deliverable identified in the work summary set forth in Part I of this Statement of Work, Contractor shall send to Agency an invoice itemized as follows:

A. Total text stock costs;

B. Total cover costs;

C. Total prepress charges;

D. Total printing charges;

E. Total binding charges;

F. Total carton costs; and

G. Total shipping costs attached to detailed shipping manifests.

Change Orders and Amendments: Contractor shall obtain prior authorization from Agency before making any changes to the print order or any of the specifications set forth in this Statement of Work. If a change affects the cost or specifications of the order, Contractor shall send a change order request in writing to Agency before proceeding with the change. The change order request must include the contract number, the reason for the change, the name of the Agency representative who tentatively authorized the change, if any, the cost of the change and the proposed new total price or change in specifications. Agency may request additional information concerning the change order request. If Contractor does not follow this process, Agency is not responsible for and will not pay any additional costs not set forth in this Contract.

If Contractor wishes to change a term or condition in this Contract after executing this Contract, Contractor shall send a written request to amend this Contract to Agency. The request must include the contract number, the reason for the requested amendment, proposed language for the amendment or a description of the change requested for a Contract term or condition and the change in the cost of this Contract that would result from the proposed amendment. All amendment requests and amendments are subject to

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OAR 137-047-0800 and Agency shall reject a proposed amendment request that does not conform to the requirements set forth in OAR 137-047-0800. Agency may request additional information concerning the proposed amendment. If Contractor does not follow the process set forth in this paragraph, Agency shall reject the proposed amendment request and this Contract will remain unaltered.

Defects: If Contractor causes defects in all copies of the book, Contractor shall reprint the book or otherwise make whole Agency and Agency’s customers, at Agency’s sole discretion. If Contractor causes defects in certain copies of the book, Contractor shall issue a credit for the defective book; the credit will be a per-unit cost of the job multiplied by the number of defective books Contractor produces.

A. Transmitting. Agency will transmit electronic files in .PDF format (text will be primarily converted from mainframe files and Word files, and the covers and inside title page will be converted from Adobe InDesign 6 files). Agency and Contractor shall agree on an alternative file transfer method to use if necessary. Agency’s contact for transmission of the electronic files is:

Contractor shall notify Agency promptly when Contractor receives the files.

B. Testing. After Agency awards this Contract, Agency and Contractor shall agree upon a file transfer method and, if necessary, coordinate test and text printing using Agency test files. All testing must be complete at least one week before the first scheduled file transmission date. Agency’s testing contact is

C. Property. All Agency electronic files and any other materials submitted to Contractor as part of publication of the 2023 edition of the Essential Rules for Oregon Courts described and summarized in Part I of the Statement of Work remain the property of Agency. Contractor may not, without prior express written permission from Agency:

i. Make or distribute any electronic or hard copy files, prints, reprints or copies of any of the work done under this Contract; or

ii. Use any electronic or hard copy files, prints, reprints or copies of any of the work done under this Contract for derivative products.

The provisions of this paragraph C are in addition to and not in lieu of the provisions set forth in section 3.J. of this Contract.

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D. File alterations. If Contractor proposes a need for additional typesetting or any alterations to the electronic files that Agency transmits to Contractor, other than as expressly authorized in this Statement of Work, Contractor shall notify Agency and obtain Agency’s approval before proceeding.

Liquidated Damages: Contractor’s failure to deliver the Work Product in accordance with the specifications of this Statement of Work will cause serious and substantial damages to Agency because of urgent need. Because it would be difficult, if not impossible, to prove the amount of such damages, Contractor agrees that for each calendar day or part thereof that this Contract remains incomplete beyond the delivery date specified in this Statement of Work, unless this Contract has been mutually extended in writing and signed by the Parties, Contractor shall pay to Agency the amount of $1,000 as liquidated damages and not as a penalty. Agency, at Agency’s discretion, may deduct the amount of liquidated damages from money due or to become due to Contractor under this Contract.

A written assent by Agency to any extension of the specified delivery date constitutes a waiver only as to that particular extension and is not a waiver of any other or subsequent delivery date, and the written assent does not operate to bar or prevent enforcement and collection of liquidated damages for late delivery as provided in this Statement of Work except to the extent that Agency specifically waives the enforcement or collection. If Agency waives the delivery date, the waiver in no way affects the other rights and obligations of the Parties set forth in this Contract.

Paper Stock Escalation: Agency will allow a cost escalation on paper stock as follows:

Agency will reimburse Contractor for the amount of the actual net dollar increase in the cost of paper stock that occurs after the Contract award and before Contractor prints the work if Contractor, within 10 business days after the Contract award, provides documentation by the paper stock wholesaler of the price used in submitting the proposal and states the amount of paper stock required. Contractor shall again submit documentation of the price of paper stock at the time Contractor wishes to request a cost escalation. Contractor shall also offer any decrease in the cost of paper stock to Agency.

Contractor shall send Contractor’s request for a cost escalation and all related documentation to Agency at:

Agency may accept the requested price change or may terminate this Contract at Agency’s option. Agency offers this escalation provision in consideration of paper industry market conditions.

Samples: A sample copy of a similar specialty publication is available from Agency and will be supplied upon request. The sample is for information and general guidance only.

If there is any difference between the specifications of this Contract and the sample publication provided, the specifications of this Contract control.

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Silence of Specification: Any apparent silence of specification or omission of detail from a description means that materials and workmanship of the highest quality are required under this Statement of Work. If Contractor finds discrepancies or omissions in these specifications or is in doubt as to their meaning, Contractor shall notify Agency promptly.

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Part I - Work Summary Part II - Print Specifications Part III - Delivery Specifications Part IV – Additional Terms and Conditions

Agency will transmit electronic files in .PDF format on or before 2/25/2022 Contractor shall supply text stock; cover stock; and printing, binding, varnish, shrink-wrapping and distribution services for 4,000 Smythe Sewn books with side PUR (polyurethane) or other high-quality adhesive, and hinge-scored, wraparound covers by the delivery date agreed upon at the time Agency transmits the electronic files and text.

Books: Agency will transmit electronic text files that are saved in .PDF format created from mainframe files in an 8-1/2” x 11” format; Contractor will reduce the files for printing in a 5-1/2” x 8-1/2” format.

A. Size. Each book must be 5-1/2" x 8-1/2"; this size must be exact and uniform. Agency will not accept deviations in the finished size of the book. The signatures must be folded accurately and squarely to maintain register on top, bottom, gutter and outside margins of the pages, which consist primarily of two-column text.

B. Pages. Estimated 1,228 pages plus cover

C. Text stock. The text stock must be 40# white recycled book (free sheet) with a smooth finish and the following characteristics:

Opacity: 88 minimum

However, due to industry-wide market conditions that limit the availability of 40# white recycled book (free sheet) text stock, Agency will accept 50# Opaque (non-recycled) text stock as a suitable replacement for the 2022 edition of the Criminal Code of Oregon.

Contractor shall submit a text stock sample to Agency for approval before printing.

D. Ink. Contractor shall print all text in black nontoxic ink (1/1). Cover ink must be PMS 2685C plus gloss varnish (2/0).

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E. Margins. Agency will supply electronic files with consistent default text margins.

Contractor shall reduce text and inside title page and reposition pages as needed to produce the specified margins uniformly throughout the various parts of the book.

Top: 3/4" Outside: 1/4" minimum

F. Text printing. Contractor shall print text pages two-sided, head-to-head style. Line copy only: no screens, bleeds or solids. Text files for the book are created using:

Adobe InDesign 6 for title page Word files for front of book

Oracle files for index at end of book

Binding: Agency will transmit electronic files for the front cover, back cover and spine that are created in Adobe InDesign 6 and converted to .PDF format.

comparable in price and quality to White 12-pt C1S cover stock and that Contractor deems equivalent in durability and appropriateness for statutes.

B. Cover printing. Contractor shall print the covers (one side only) and spines on white stock with one color and gloss varnish. Color must be consistent.

C. Cover and spine text. Cover prints in full ink coverage with text reversed out of PMS and bleeds on all sides. Inside of cover does not print. Agency’s designer shall make final width adjustment to electronic file for spine based on Contractor’s final calculation of spine width that accounts for final page count and text stock. Adjusted file shall be converted to .PDF and transmitted to Contractor. Color break should be on spine score and not bleed on to front cover.

D. Binding. Contractor shall bind the book Smythe Sewn with side PUR (polyurethane) or other high-quality adhesive that, when cured, withstands high as well as low temperatures, remains flexible in cold weather, is compatible with the text stock, meets or exceeds industry standards for quality in durability and finish, is appropriate for volumes of up to 1,200 pages and is recyclable and hinge-scored with wraparound cover on the 8-1/2” dimension. Binding must be of a quality necessary to ensure adequate adhesion of glue to keep books intact under normal to heavy use.

E. Trim. The trim must be flush, square, smooth and uniform across the set at 5-1/2” x 8- 1/2”, without torn or damaged covers or pages.

F. Page pulls and flex test. The page pulls and flex test for the bound books must meet printing trade customs and Government Printing Office (GPO) standards as follows:

Page pull: Minimum of 2.00 lbs. per lineal inch Flex test: Minimum of 175 flexes

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G. Quality control. Contractor (both primary and book binder, if different) must provide quality control measures to ensure accurate communication about adjustments required by Contractor during production and to avoid upside down signatures or creases on printed pages during folding and tie/strap bundling. Agency will contact Contractor to resolve issues that arise for book binding.

Proofs: Contractor shall send hard copy proofs for text, covers and spines to Agency, which will approve or disapprove the proofs after receiving the proofs and promptly notify Contractor.

If, after reviewing the proofs, Agency requests that Contractor resubmit proofs for approval, Contractor shall do so promptly. Contractor shall pay all shipping costs for cover proofs.

Agency’s contact for receiving proofs is . Ship proofs to:

Telephone: (503) 986-1243

Quantity: The estimated page count for…