Office of the Chief Diversity and Procurement Officer

205 East 42nd Street New York, NY 10017

September 11, 2026

ADDENDUM No. 4

TO: Prospective Bidders

FROM: Deborah Tavera (deborah.tavera@cuny.edu) The City University of New York

RE: UCO-1019 Virtual Bookstore Operations

This Addendum No. 4 to the above-referenced advertisement notice:

1. Please provide a sales report, broken down by product category (new, used, digital, apparel/merchandise, other, etc.) for at least the past three academic years

(preferably 5 years).

Response: Please see attached sales report for FY25 and FY26.

2. Please provide a booklist for either Fall 2025 or Spring 2026. (Include Course, ISBN, Author, and Title.)

Response: This data is not available and will not be part of this solicitation.

3. Can you provide a dollar amount for voucher usage at the bookstore?

4. Does the current vendor operate in Inclusive Access program at CUNY?

mailto:deborah.tavera@cuny.edu)

Response: Information regarding other contractual agreements with publishers or outside vendors will not be provided as part of this solicitation.

5. If there is no IA program, what level of interest does CUNY have in implementing one?

Response: CUNY is interested in solutions that support affordability, transparency, and student access to course materials. Vendors may propose alternative pricing and access models as part of their response. Attachment D is intended as a representative sample for proposal development.

6. Does CUNY have any interest in exploring an Equitable Access program?

Response: CUNY is interested in solutions that support affordability, transparency, and student access to course materials. Vendors may propose alternative pricing and access models as part of their response. Attachment D is intended as a representative sample for proposal development.

7. Are there any contractual agreements with any publishers or outside vendors for course materials or supplies other than the current bookstore vendor?

8. Are there any direct LMS integrations with publishers outside of the current bookstore vendor?

9. Are there any contracts with publishers for discounted or negotiated prices outside of the current bookstore vendor?

Response: Information regarding other publisher contracts or negotiated pricing arrangements vary by campuses will not be provided as part of this solicitation.

10. Are there any OER initiatives at CUNY that provide encouragement or incentives to faculty who adopt Open Educational Resources for their courses? If yes, how many courses currently use OERs?

Response: Yes. CUNY maintains a systemwide OER initiative that supports the development, adoption, and expansion of OER and other zero-cost course materials. Specific OER initiatives, faculty supports, and incentives vary by campus.

The number of courses using OERs varies by campus and by semester.

11. Are there any library-based programs or initiatives that offer/promote OER or offer no-cost course materials to students?

Response: Yes. CUNY Library Services and campus libraries support OER and other no-cost course materials through faculty support, OER course conversions, library-licensed resources, and platforms for the creation and distribution of open educational materials. These efforts vary by college and may include campus-specific OER programs and resources.

12. What % of courses require courseware? (MyLab, CengageNow, Wiley Plus, etc.)

Response: A University-wide courseware percentage is not available for this solicitation. Proposers should provide a solution capable of supporting publisher courseware products used across CUNY.

13. What % of courses DO NOT require course materials?

Response: A University-wide percentage is not available for this solicitation.

Course-material requirements vary by college, course, section, and academic term.

14. Can CUNY describe the current invoicing and voucher creation workflow used with the existing vendor? Specifically, are vouchers created at the college level or the district level, and how are 3rd-party funders currently administered?

Response: The platform must support “processing of vouchers from third-party funding sources, including but not limited to veterans’ programs, workforce development programs, social service agencies, [and] vocational rehabilitation programs,” with the Contractor “responsible for verification, invoicing, fulfillment, reconciliation, and issue resolution related to voucher transactions” (§3.2.9, p.14).

Current workflow details will not be provided as part of this solicitation. The proposed solution must support college-level and University-wide invoicing, vouchers, and third-party funding workflows, as applicable. Final workflows will be established during implementation.

15. Is billing between CUNY and the bookstore done at the school/campus level or at the system level?

Response: The proposed solution must support billing at the college level and

University-wide level, as applicable. Final billing workflows will be established during implementation.

16. What are your current LMS and SIS systems at CUNY?

Response: CUNY uses D2L Brightspace as its learning management system and

Peoplesoft (CUNYfirst) as its student information system. The proposed solution must support the integrations required by the RFP.

17. Does each campus/school use the same LMS and SIS system?

Response: Yes. All CUNY campuses utilize the same enterprise LMS (D2L

Brightspace) and SIS (PeopleSoft) platforms. The proposed solution must support a multi-institution setting within a single environment, enabling multiple campuses to share the platform while maintaining separate data, users, rules, configurations, and workflows for each institution.

18. What are the current challenges CUNY would like addressed with future bookstore operations?

Response: CUNY seeks improved affordability, timely access to course materials, system integration, reporting, customer service, and consistent operations across participating institutions.

19. What are the most critical factors CUNY is considering when reviewing proposals?

Response: CUNY will evaluate proposals in accordance with the evaluation criteria set forth in the RFP. Proposers should ensure that their proposals fully address the requirements of the solicitation and provide sufficient information for CUNY to evaluate their proposed approach, qualifications, and pricing.

20. What would CUNY consider the biggest WIN (the best outcome) from the next bookstore vendor?

Response: CUNY’s desired outcome is a reliable, accessible, and student-focused virtual bookstore solution that effectively meets the needs of CUNY’s diverse student population and participating institutions. The successful solution should provide convenient access to required course materials, support affordability and timely availability of materials, integrate effectively with CUNY’s applicable systems, and provide consistent, high-quality service across the University.

21. Who is on the RFP evaluation committee, and what are their job titles?

Response: CUNY does not disclose the names or titles of Evaluation Committee members during an active procurement. Proposals will be evaluated by an appropriately constituted Evaluation Committee in accordance with the evaluation criteria and procedures set forth in the RFP.

22. What is the Concurrent High School student enrollment for CUNY? Do these students use the same materials as other CUNY students? How do those students pay for their materials?

Response: Enrollment figure: “more than 20,000 high school students” across “more than 400 high schools” citywide via the College Now program (Part 10, §1

Overview, p.128).

Yes. College Now/Early College, concurrent enrollment, and other dual enrollment programs are within scope. The proposed solution must support course-material access and fulfillment for these student populations. Enrollment and payment details will be coordinated during implementation as this varies.

23. Section 2(d) requires demonstrated ability to support environments comparable to at least 270,000 total users and 15,000 concurrent users. May a Proposer satisfy this requirement by demonstrating aggregate platform capacity and current concurrent-user volume across its full institutional client base, rather than through a single client of that size?

Response: A Proposer may demonstrate its ability to satisfy this requirement through aggregate platform capacity and concurrent-user volume across its institutional client base, provided the information submitted sufficiently demonstrates the Proposer’s ability to support an environment comparable in size, scale, and complexity to CUNY, including at least 270,000 total users and 15,000 concurrent users.

24. Section 2(a) requires three years of experience serving "large, multi-site educational institutions comparable in size and scope to CUNY." Will CUNY consider experience serving multi-campus systems, statewide consortia, or a portfolio of institutions in the aggregate as meeting this requirement? If a single-client threshold applies, will CUNY identify the enrollment or user count it considers comparable?

Response: CUNY will consider experience serving multi-campus systems, statewide consortia, or a portfolio of educational institutions in the aggregate, provided the

Proposer demonstrates that such experience is comparable in size, scope, and complexity to CUNY and otherwise satisfies the requirements of Section 2(a). CUNY does not require that the experience be demonstrated through a single institutional client.

25. Section 4.3.3 requires audited financial statements for each of the last three years. Will

CUNY accept unaudited financial statements? Please provide specifications for what the institution considers “audited”.

Response: No. Proposers are required to submit audited financial statements for each of the last three years in accordance with Section 4.3.3 of the RFP. For purposes of this requirement, “audited financial statements” means financial statements that have been examined by an independent certified public accountant or other qualified independent auditor and are accompanied by an independent auditor’s report.

26. Part 5 defines Proposal Price as the sum of signing bonus, guaranteed annual commission, percentage commission amounts, and marketing expenditures, all of which represent consideration paid by the Contractor to CUNY. Part 6, Step 4 states that the Proposer with the lowest Proposal Price will receive the maximum thirty (30) points. Please confirm whether CUNY intends to award the maximum price score to the Proposer offering the greatest total financial consideration to the University, and if so, please issue a corrected

Part 6, Step 4.

Response: CUNY confirms that the Proposer offering the greatest total financial consideration to the University will receive the maximum thirty (30) points for

Proposal Price. Part 6, Step 4 is hereby revised to state that the Proposer with the highest Proposal Price will receive the maximum thirty (30) points, with the remaining proposals scored in accordance with the methodology set forth in Part

6.

27. Attachment B lists 23 institutions. Please confirm whether Macaulay Honors College, the

CUNY School of Medicine, and the CUNY School of Labor and Urban Studies are within the scope of this Contract, and provide population statistics for any in-scope institution not listed in Attachment B.

Response: Yes. Macaulay Honors College, the CUNY School of Medicine, and the CUNY School of Labor and Urban Studies are within the anticipated scope of the solicitation.

28. Please describe the current and projected scope of CUNY's OER and Zero Textbook Cost initiatives, including the approximate percentage of course sections currently designated

ZTC, so that Proposers may accurately model course material volume.

Response: For Fall 26, 16.8% of all courses offered at CUNY are marked Zero

Textbook Cost in CUNYFirst.

29. Part 1.3 and Part 4 direct Proposers to submit Volume I (Forms), Volume II (Technical

Proposal), and Volume III (Proposal Price Breakdown). Section 4.12 is captioned "Volume

II: Financial and Contract Proposal" and directs that the PDF be labeled "Part II - Financial and Contract Proposal," while Part 5 identifies the Proposal Price Breakdown as Volume

III. Please confirm the required three-volume structure and the exact file naming convention for each volume.

Response: CUNY confirms that Proposals shall be submitted in the following three-volume structure: Volume I – Forms, Volume II – Technical Proposal, Volume III –

Proposal Price Breakdown. Section 4.12 is hereby revised to correct the reference to “Volume II: Financial and Contract Proposal” and “Part II – Financial and Contract

Proposal.” The Proposal Price Breakdown shall be submitted as Volume III –

Proposal Price Breakdown.

30. Section 4.3.2 requires Proposers to indicate the percentage discount off publisher's list price on Attachment D. Attachment D as issued contains 10,053 title entries in a single column with no ISBN, edition, publisher, list price, or annual unit volume, which prevents title-level pricing. Please either reissue Attachment D with ISBN, edition, publisher, and annual units, or confirm that a discount schedule stated by product category and publisher satisfies 4.3.2.

Response: Please refer to the revised Attachment D posted on the New York State

Contract Reporter website.

31. Please describe how students can use their financial aid disbursements at the Virtual

Bookstore?

Response: The Virtual Bookstore must support the use of financial aid disbursements as an authorized payment method for eligible purchases. Proposers should describe how their solution supports this functionality.

32. Will all Colleges be required to participate in the virtual bookstore contract?

Response: All CUNY Colleges and institutions identified as within the scope of this RFP will be required to participate in the resulting Virtual Bookstore Contract.

33. Will you provide answers to Round 1 questions before the Round 2 question deadline?

Response: CUNY will issue responses to all questions received during Round 1 and Round 2 following the close of the Round 2 question period.

34. Please provide a category breakdown of textbook sales information from the past few years, including new, used, rental, digital, and inclusive access, overall and by each individual institution.

Response: Please see response for Question # 1.

35. Please provide a category breakdown of retail sales information from the past few years, including, but not limited to, trade books, clothing, computers/technology, convenience, gifts, etc., overall and by each individual institution.

Response: Please see response for Question # 1.

36. What percentage of overall sales from each CUNY Bookstore came from financial aid?

Response: The percentage of overall sales from each CUNY Bookstore that came from finacial aid will not be included as part of this solicitation. he proposed solution must support the use of applicable student financial aid and other authorized funding sources for course material purchases and integrate with applicable CUNY enterprise systems.

37. Are there any sales reflected in the historical sales numbers that were a result of a one-time grant or other funding that will not occur in the future?

Response: Information regarding sales attributable to one-time grants or other non-recurring funding will not be provided as part of this solicitation.

38. What percentage of the courses at each CUNY College utilize free OER content?

Response: Please reference attachment titled, “ZTC Course Rate by College”.

39. Do the CUNY Colleges have any direct agreements in place with publishers or other third-party course material providers that operate outside of the current bookstore?

Response: Information regarding existing third-party agreements will not be provided as part of this solicitation. Proposers should submit their proposed approach and pricing in accordance with the RFP.

40. What is the current process for CUNY students to utilize their financial aid funds through each CUNY Bookstore?

Response: Yes. The proposed solution must support eligible students’ use of financial aid and Student Charge for course-material purchases. Campus-specific workflows and available transaction volumes will be addressed during implementation; historical sales volume will not be provided as part of this

41. Which academic term would the new bookstore partner begin serving each CUNY campus population?

Response: The academic term would be FY 27-28.

42. Does any CUNY College utilize a Campus Card that can be used to purchase materials in the bookstore? If so, what company is used to manage it?

Response: Campus-specific card program information will be addressed during implementation, as applicable. The proposed solution must support approved payment methods required by participating institutions.

43. Does CUNY have any Inclusive Access course material adoptions? If so, how many courses have inclusive access adoptions? An Inclusive Access program is a course-by-course model in which individual faculty choose whether their course participates. For participating courses, required materials are provided to students at a negotiated rate, in a digital format unless students choose to opt out. Courses that do not participate in the Inclusive

Access program are not affected, and students enrolled in those courses obtain their required materials through their own preferred purchasing method.

Response: Functionally, yes for the future platform: §3.2.5 (p.13) mandates that the new Virtual Bookstore be able to identify and display OER and ZTC materials through custom labeling/messaging.

Proposers should respond in accordance with the applicable requirements of the

RFP. Additional current state information will not be provided as part of this

44. Would CUNY be interested in implementing an Equitable Access solution, an in-tuition solution where all course materials are automatically delivered to all students with the costs included as part of the cost of attendance? An Equitable Access program is a campus-wide model in which all enrolled students automatically receive the required course materials for all participating courses on or before the first day of class. Materials are provided as part of a single, flat rate, often assessed on a per credit hour basis.

Students retain the ability to opt out by a published deadline. Unless students opt out, all students automatically receive all required course materials, ensuring consistent access across the institution.

Response: CUNY is interested in solutions that improve affordability and access.

Proposers may include an Equitable Access model for consideration.

45. If a vendor intends to propose a fully virtual bookstore solution in which the primary contractual services—including technology, integrations, account management, customer service, marketing, warehousing, fulfillment, and related operational services- are performed directly by the vendor using existing internal personnel, systems, and infrastructure. As a result, there are limited subcontracting opportunities through which the 30% MWBE participation goal could reasonably be achieved. Please confirm whether

CUNY would consider a total MWBE waiver request based upon the lack of reasonable subcontracting opportunities inherent in the proposed virtual bookstore operating model.

Response: CUNY will consider a request for a partial or total MWBE waiver in accordance with applicable New York State requirements. A Proposer requesting a waiver must submit the required waiver request and supporting documentation demonstrating its good-faith efforts to meet the established MWBE participation goal and the basis for its determination that sufficient subcontracting opportunities are not reasonably available. Submission of a waiver request does not guarantee approval.

46. Do any Inclusive Access programs operate independently of the current course material vendor today? For example, is each CUNY College managing these programs without involvement from the bookstore?

Response: Proposers should respond in accordance with the applicable requirements of the RFP. Additional current state information will not be provided as part of this solicitation.

47. To provide our most thorough response, we respectfully request an extension from CUNY for an additional 3 weeks. This will provide time to use information from response to questions and full analysis of the operations.

Response: The submission deadline has been extended to September 24, 2026, at

3:00 PM ET.

48. Can you provide: 1. Total Sales all Schools for FY 25 & FY 26, 2. Totals Sales for each School

FY 25 & FY26, 3. Total Sales for each School FY 25 & FY 26 in a breakdown by Category for

FY 25, FY26:

• New Text

• Used Text

• Rental Text

• Digital Course Materials

Response: Please see response for question # 1

49. Can all students on all campuses use Student Charge and Financial Aid to acquire course materials through the Virtual Store? If yes, what is the total sales volume for FY 26?

Response: Yes. Financial aid purchasing processes may vary by campus and student eligibility. The proposed solution must support the use of applicable student financial aid and other authorized funding sources for course material purchases and integrate with applicable CUNY enterprise systems. FY26 sales volume attributable specifically to Student Charge and Financial Aid will not be included as part of this solicitation.

50. How many courses, sections and titles in the inclusive access program? What are the FY26 and FY 27 digital sales and print sales for IA programs?

51. Is the current Inclusive Access only digital materials or are there print materials in the current offering? What is the percentage of digital v. print?

Response: Proposers should respond in accordance with the applicable requirements of the RFP. Additional current state information will not be provided as part of this solicitation.

52. Please confirm LMS and SIS? In addition, what system supports the Card System, if needed for online purchases?

Response: CUNY uses D2L Brightspace as its learning management system and

Peoplesoft (CUNYfirst) as its student information system. Peoplesoft supports card system.

53. What are total sales for non-text, clothing, gifts and supplies – for each location from FY

26?

Response: Please see response for question # 1.

54. Does CUNY provide the logo merchandise solution through current vendor?

Response: Supplies are sourced via vendor partnerships and shipped to students upon purchase.

55. Does the current vendor supply the inventory for all logo product and also adopted supplies?

Response: The logo merchandise inventory is supplied and managed by our organization.

56. What schools currently participate in the CUNY Virtual stores? Will all CUNY Schools be required to submit adoptions to the awarded vendor?

Response: Please refer to Attachment B posted on the New York State Contract Reporter website.

57. Can you provide current booklist information for each School from Last 12 month book list, please try to include:

• a. Term

• b. Author

• c. Title

• d. ISBN

• e. Course (Division, Dept, Course, Section)

• f. CRN (if applicable)

• g. Required or recommended flags

Response: Please refer to the revised Attachment D posted on the New York State Contract Reporter website.

58. Are there special inventory purchase requirements upon termination or completion of current contract?

Response: No special inventory purchase requirement is identified for CUNY upon expiration or termination. Proposers remain responsible for complying with all transition and termination requirements in the resulting Contract.

59. Are ZCT & OER adopted and accessible through the Virtual Store?

Response: CUNY supports OER and Zero Textbook Cost initiatives. The proposed solution must support identification and display of OER and ZTC materials.

60. Are individual Schools able to participate in Inclusive (Course by Course) Access or

Equitable (all courses=one fee) Access programs or are there restrictions?

Response: Proposers should respond in accordance with the applicable requirements of the RFP.

61. Are individual Schools, if interested, able to engage vendor for physical store options on campus?

Response: Yes. Individual colleges may have differing operational needs. Vendors should describe any optional physical store or other on-campus service models they can make available to individual colleges, including associated operational and cost considerations.

62. Should Attachment J Solution Requirements Matrix - CUNY Virtual Bookstore.xlsx be submitted as a separate attachment to our proposal?

Response: Yes. Proposers should complete Attachment J, Solution Requirements Matrix

– CUNY Virtual Bookstore.xlsx, and submit the completed document as a separate attachment to their Proposal.

63. Does the form called Attachment A Gender Based Violence and the Workplace

Certification, on page 58 of the RFP, need to be completed and submitted with our proposal?

Response: Yes. Attachment A, Gender Based Violence and the Workplace Certification, must be completed and submitted with the Proposer’s proposal.

64. Termination X requests 120 days’ notice for termination for convenience. X also requests that any mutually approved CUNY-specific investments or non-cancellable commitments not recovered at termination be reimbursed or otherwise addressed as mutually agreed by the parties.

Response: Section 17(b) of Attachment A now reads:

“For Convenience: This Contract may be terminated by the University for convenience

(i) at any time prior to the completion of implementation services and the go-live date for the Solution (if applicable to the Work), upon written notice of ten (10) Business Days, or (ii) at any other time during the Term upon written notice of seventy-five (75) calendar days, in each case without penalty or other early termination charges due. If this Contract is terminated pursuant to this paragraph 17b, then the University shall remain liable for all accrued but unpaid charges incurred through the date of the termination but shall not be entitled to a refund of fees already paid by the University. Contractor shall use due diligence and provide any outstanding deliverables.”

Section 17(e)(ii) shall remain as is.

65. Exclusivity – Part 3, Section 3.1 X requests that its role as CUNY’s official Virtual Bookstore include the exclusive retail sale of required, recommended and suggested course materials and supplies, in all formats, including retail transactions through the LMS and purchases using campus debit cards or financial aid. X recognizes CUNY’s interest in supporting OER, ZTC, inclusive access and other affordability initiatives and requests that any exceptions to X’s retail exclusivity be mutually agreed upon and limited to the specific activity approved.

Response: As stated in Section 3.1 of the RFP, the Contractor will be given the exclusive right and responsibility to operate the official bookstore for each College through a Virtual Bookstore platform and to perform all associated Virtual Bookstore Operations necessary to meet the instructional and operational needs of the Colleges, as well as the non-exclusive right to provide course materials publishing services, including merchandise, the development and distribution of course packs and other instructional content, through the Virtual Bookstore.

66. SLA

X accepts the 99.5% availability requirement. X requests that maintenance notices, outage communications, performance reporting, backup/restoration requirements and service credits align with X’s standard practices or otherwise be mutually agreed upon.

Response: The requested exception is not accepted. Proposers must comply with the applicable requirements and terms of the RFP.

67. System Integration: X requests that the integration requirements align with its standard solution. X supports secure file-based data exchange, including SFTP, rather than API-based integration, in accordance with the parties’ applicable security protocols, and will work with CUNY to establish the appropriate data exchange methods.

Response: CUNY prefers API-based integration; however, other secure integration methods may be considered. Please describe any proposed alternative solutions, including the integration approach, security protocols, technical requirements, and any associated limitations, in your proposal.

68. Historical Sales Please provide historical sales for the two most recently completed fiscal years, by individual campus and broken down by format, including new, used, rental and digital.

Response: Please see response for question # 1.

69. Inclusive Access Please confirm whether any CUNY campuses currently have an inclusive access program.

If so, please provide, by campus, available information regarding sales, participating courses/sections and current program scope.

70. OER

Please provide the current OER adoption rate, if available, for each individual campus.

Response: Please see response for question # 28 and attachment titled, “ZTC Course Rate by College”.

71. Appendices The RFP references Appendix A (NYS Standard Clauses), Appendix B (Information Security) and Appendix C (Artificial Intelligence Clauses) as part of the Contract, but the appendices were not included in the RFP materials provided to us. Please confirm that the publicly available June 2023 NYS Standard Clauses are the applicable Appendix A and provide the versions of Appendices B and C that will apply to the resulting Contract.

Response: Appendix A (NYS Standard Clauses), Appendix B (Information Security), and Appendix C (Artificial Intelligence Clauses) have been posted with the RFP materials on the procurement website. Prospective Proposers should refer to the posted appendices for the versions applicable to this RFP and the resulting Contract.

72. Subcontractors The RFP requires CUNY approval of subcontractors. Please confirm that this requirement does not apply to X’s ordinary-course providers, such as publishers/content providers, hosting/cloud providers, payment processors, carriers and fulfillment providers, and instead applies to subcontractors specifically engaged to perform material CUNY-specific obligations.

Response: The subcontractor approval requirement applies to subcontractors engaged by the Contractor to perform obligations under the resulting Contract. Ordinary-course third-party providers that are not engaged to perform contractual obligations on behalf of the Contractor, such as publishers/content providers, hosting/cloud providers, payment processors, carriers, and fulfillment providers, would not generally be considered subcontractors requiring CUNY approval. The Contractor remains responsible for compliance with all applicable requirements of the RFP and resulting Contract, including with respect to any third parties used in the performance of its obligations.

73. X looks forward to working with CUNY to finalize mutually acceptable contract terms if selected for award. X reserves the right to review and discuss the final agreement and any contract documents or terms not provided with the RFP.

Response: Proposers are responsible for reviewing the RFP and all associated documents and submitting any proposed exceptions in accordance with the requirements and deadlines set forth in the RFP. Selection for award does not provide a Proposer with an additional opportunity to take exception to or negotiate the terms and conditions of the RFP.

72. Section 4.3: Minimum Requirements, 4.3.2 (referencing Attachment D):

a. To ensure vendors can provide an accurate representative list of the books and available product formats that would be made available to CUNY, please provide the ISBN associated with each title listed in Attachment D. ISBNs are necessary to identify the specific edition and accurately determine available formats and purchasing options, as multiple books may share the same or similar titles.

Response: Please refer to the revised Attachment D posted on the New York State Contract Reporter website.

73. Please clarify whether submissions should be comprised of three volumes, named Volume

I Forms, Volume II Technical and Management Proposal, and Volume III Proposal Price

Breakdown, per instructions on page 18, or four volumes named Volume I Forms, Volume

II Technical and Management Proposal, Volume II: Financial and Contract Proposal, and

Volume III Proposal Price Breakdown. Section 4.12 on page 24 of the RFP states that proposers should submit four volumes.

Response: Please see response for question # 29.

74. Does CUNY currently utilize a digital access program for course materials? If so, what is the approximate level of adoption, and is CUNY interested in expanding digital access as part of this transition?

Response: CUNY seeks a digital-first Virtual Bookstore solution that supports digital course materials, digital fulfillment, and multiple acquisition models. Vendors are encouraged to propose approaches that expand affordability, access, and student choice while aligning with the requirements of the RFP.

75. Is CUNY interested in exploring a flat-fee, per-credit-hour Equitable Access model as a means of maximizing affordability for students under this Contract? If so, to accurately scope and price such a model, we ask that CUNY provide adoption-level detail beyond the representative title list in Attachment D — specifically ISBN, author, and edition for each adopted title, in Excel or Google Sheets format. (RFP Reference: Part 3, §3.1, “Project

Objectives and Scope” (p. 11) and “Exclusions and Exceptions” (p. 12).

Response: CUNY is interested in solutions that support affordability, transparency, and student access to course materials. Vendors may propose alternative pricing and access models as part of their response. Attachment D is intended as a representative sample for proposal development. Additional title-level adoption data will not be provided at this time.

76. Approximately how many courses have no required course materials?

Response: Course material adoption varies by institution, department, and academic term. Vendors should propose solutions capable of supporting a broad range of adoption scenarios across the University.

77. Approximately what percentage of courses leverage courseware? (i.e., My Pearson Lab, Cengage Now, Wiley Plus, etc)

Response: Utilization of courseware products varies across colleges, disciplines, and academic programs. Vendors should propose solutions that accommodate integration and fulfillment of publisher-based courseware where applicable.

78. Please share the current level of OER adoption and whether there are target goals or expectations for OER usage over the term of the contract? (§3.2.5 (p.13)

Response: "CUNY continues to support affordability initiatives, including Open

Educational Resources (OER) and Zero Textbook Cost (ZTC) programs. The proposed solution must support identification and display of OER and ZTC materials and should facilitate student awareness of lower-cost course material options. Section 3.2.5 (p.13) only requires that the future platform be able to identify and display OER/ZTC materials via “custom labeling or messaging capabilities.” It contains no baseline adoption percentage and sets no numeric target or goal for OER usage over the Contract term."

79. Please clarify if CollegeNow dual credit students receive course materials through the bookstore, and if inclusion is within scope for this RFP?

Response: Yes. College Now and other dual enrollment programs are considered within the scope of services supported by the Virtual Bookstore solution. Vendors should propose a solution capable of supporting course material access and fulfillment for these populations as part of the broader CUNY academic environment.

80. What auxiliary revenue arrangements are currently in place for the bookstore, including commissions, signing bonuses, scholarships, or other financial incentives? §3.4.2 (p.16)

Response: Financial considerations proposed under this Contract will be evaluated as part of the proposal review process. Existing contractual and financial arrangements are not being released as part of this solicitation.

81. Please provide the last three years’ worth of sales data including category breakdowns.

(new books, used books, digital, rental, clothing, gifts, supplies, technology etc.).

Response: Please see response to question # 1

82. Does CUNY currently use a specific system, integration, or software module to facilitate the use of student financial aid for course material purchases? If so, please identify.

Response: The proposed solution must support the use of financial aid funding and integrate with applicable CUNY enterprise systems. Vendors should describe their approach to supporting financial aid purchasing workflows and related integrations.

83. What is the target start date for operations under the new contract? (§1.4 (p.6)

Response: Please see response to question # 41

84. Would CUNY consider extending the deadline for submitting proposed exceptions to the

RFP terms and conditions through the proposal submission deadline to allow adequate time for a comprehensive legal review. (Part 1, §1.1, “Key Events and Dates”(p.5)

Response: Please see response in Addendum # 2.

85. X respectfully submits the following exceptions to the RFP:

Terms and Conditions

17.

b. For Convenience: This Contract may be terminated by the University for convenience (i) at any time prior to the completion of implementation services and the go-live date for the Solution (if applicable to the Work), upon written notice of ten (10) Business Days, or

(ii) at any other time during the Term upon written notice of thirty (30) calendar days, in each case without penalty or other early termination charges due. If this Contract is terminated pursuant to this paragraph 17b, then the University shall remain liable for all accrued but unpaid charges incurred through the date of the termination, but shall not be entitled to a refund of fees already paid by the University. Contractor shall use due diligence and provide any outstanding deliverables. Early Termination.

1. Either party may terminate this Agreement with or without cause by giving the other party at least 120 days prior written notice of termination.

2. Either party may terminate this Agreement upon 90 days prior written notice for material nonperformance by the other party, documented, in case of nonperformance by

X, in accordance with Section 7.4.

3. School may terminate this Agreement immediately if X initiates any bankruptcy proceeding, or if any such proceeding initiated against X remains undismissed for 60 days.

e. Upon receipt of a notice of termination, Contractor:

i. shall immediately discontinue performance of this Contract, except for activities that may be necessary to carry out such termination and to minimize loss and damage to the

University and shall follow the University’s instructions.

ii. shall not be entitled to any further payments except for Work performed to the

University’s satisfaction prior to termination and subject to amounts owed by Contractor to the University.

Response: Please response to question # 64

25. CONFIDENTIALITY

a. Contractor acknowledges that Contractor and Contractor’s Workers may, in the course of the performance of this Contract, be exposed to or acquire information that is confidential to the University, or its employees or students, including without limitation, security procedures, business operations information, or commercial proprietary information in the possession of the University hereunder or received from a third party.

Contractor shall treat all information obtained from the University or disclosed to

Contractor while performing this Contract (“Confidential Information”) in accordance with this paragraph, except for any such information that the University designates to

Contractor in writing as excluded from Confidential Information. For the avoidance of doubt, Confidential Information does not include “Contractor’s Transaction Data” which means and refers to any and all information independently provided to and/or collected by Contractor, whether through transactions conducted at and/or through Contractor’s point of sale (whether online or in a brick-and mortar store), through users’ interactions with website(s) and/or mobile applications operated by Contractor, and/or otherwise, and whether personally identifiable information or otherwise, which, as between the parties hereto, constitutes and shall at all times remain Contractor’s proprietary data

b. Contractor shall treat the Confidential Information with the same degree of care that Contractor would treat Contractor’s own confidential information, and with no less than reasonable care. Contractor shall not use the Confidential Information for purposes other than rendering the Work and shall limit access to Confidential

Information to those of Contractor’s Workers having a need to know such Confidential

Information to perform the Work. Contractor shall not directly or indirectly disclose, distribute, republish or allow any third party to have access to any Confidential

Information without such third party’s executing a confidentiality and non-disclosure agreement with the University under the same terms, or terms at least as restrictive, as set forth in this Contract.with Contractor. Contractor shall take appropriate steps as to its Workers and such third parties to ensure compliance with the confidentiality obligations under this paragraph.

d. Upon the expiration or termination of this Contract, Contractor agrees to remove all

Confidential Information upon the University’s written request. It is important to note that after

Contarctor removes all Confidential information, University will not have the ability to reconcile any student account data, process any returns for University, and provide students with access to their courseware or associated eBooks. As such, any removal shall be subject to the following conditions: (i) University must have paid all outstanding fees and obligations in full; and (ii)

University’s account must be closed with no pending transactions or disputes. Contractor shall confirm in writing the completion of the data removal within a commercially reasonable timeframe after the University’s request and satisfaction of the above conditions.

e. Notwithstanding the foregoing, Contractor shall have no obligation to destroy Confidential

Information stored electronically for archival, backup or disaster recovery, and/or audit, legal or regulatory purposes (“Backup Media”); provided, however, that the confidentiality obligations of

Contractor under this Contract shall survive any expiration or termination of this Contract so long as Contractor retains any undeleted Backup Media. Upon termination or completion of the Work, or at any time the University requests, Contractor shall return to the University, or destroy, all copies of the Confidential Information, in whatever media, and shall provide the University with a sworn certification that Contractor has complied with Contractor’s obligations under this paragraph. It is understood and agreed that, in the event of a breach, threatened or actual, of this paragraph, damages may not be an adequate remedy and the University shall be entitled to equitable relief.

Response: Sections 25(a)-(c) and (e) of Attachment A shall remain as is. Section 25(d) now reads as follows:

“Upon termination or completion of the Work, or at any time upon the University’s written request, Contractor shall return to the University, or destroy, all copies of the Confidential

Information, in whatever media. The University acknowledges that after Contractor removes all of the Confidential information, the University will not have the ability to reconcile any student account data, process any returns for the University, or provide students with access to their courseware or associated eBooks. Contractor shall confirm in writing the completion of the data removal within a commercially reasonable timeframe.

Notwithstanding the foregoing, Contractor shall have no obligation to destroy Confidential

Information stored electronically for archival, backup or disaster recovery, and/or audit, legal or regulatory purposes (“Backup Media”); provided, however, that the confidentiality obligations of Contractor under this Contract shall survive any expiration or termination of this Contract so long as Contractor retains any undeleted Backup Media. It is understood and agreed that, in the event of a breach, threatened or actual, of this paragraph, damages may not be an adequate remedy and the University shall be entitled to equitable relief.”

27. INDEMNIFICATION

a. Contractor shall be fully liable for the actions of its employees and subcontractors and subconsultants, and Contractor shall fully indemnify and save harmless to the fullest extent permitted by law the University, including all of its constituent entities, the City University

Construction Fund (CUCF), Dormitory Authority of the State of New York (DASNY), the State of New York, and the City of New York, and each officer, agent, and employee of any of them, from loss and liability arising from all suits, claims, demands, damages, fines, penalties, liens, actions and costs of any kind, including attorneys' fees, to which any or all of them may be subjected by reason of any or all of Contractor's operations under this Contract, and shall be solely responsible for any and all injuries to persons including death and all damage to property resulting from negligence or carelessness on the part of Contractor, its employees, its subcontractors, and/or its subconsultants in the performance of the Services or by or on account of any act or omission of Contractor, its employees, its subcontractors, and/or its subconsultants, without limitation; provided, however, that Contractor shall not indemnify for that portion of any claim, loss or damage arising hereunder due to the negligent act or negligent failure to act of the University. The whole or so much of the monies due or to become due to Contractor under this Contract as shall or may be considered necessary by the

University may be retained by the University until all such suits or claims shall have been settled or otherwise disposed of, and evidence to that effect furnished to the satisfaction of the University. X shall defend, indemnify and hold harmless School, its Board of Trustees, affiliates, officers and employees from any and all claims, suits, actions, damages, judgments, and costs (including reasonable attorney fees), to the extent arising out of any: (i) damage, destruction or loss of any property (including but not limited to School’s property); or (ii) injury to or death of any person (including but not limited to any employee of School); which results from or arises out of negligent or willful acts or omissions of X, its officers, agents and employees, in the performance of this Agreement.

b. CUNY has hired Contractor, and is relying upon Contractor for its ability, capabilities, and expertise in performing the Services. The approval of the University of the methods of performing the Services or the failure of the University to call attention to improper or inadequate methods or to require a change in methods or to direct Contractor to take any particular precautions or to refrain from doing any particular thing shall not excuse Contractor in case of any liabilities hereunder.To the extent permitted by applicable law, School shall defend, indemnify and hold harmless X, its affiliates, directors, officers and employees from any and all claims, suits, actions, damages, judgments, and costs (including reasonable attorney fees) to the extent arising out of any: (i) damage, destruction or loss of any property

(including but not limited to X’s property); or (ii) injury to or death of any person (including but not limited to any employee of X); which results from or arises out of negligent or willful acts or omissions of School, its officers, agents or employees, in the performance of this

Agreement.

INDEMNIFICATION RELATING TO INFRINGEMENT

a. Contractor also shall defend, indemnify, and hold the University harmless from all suits, actions, proceedings, claims, judgments, liabilities, losses, damages, expenses, and costs of every name and description (including reasonable attorneys’ fees), relating to a claim or action of infringement of a patent, copyright, trademark, trade secret, or other proprietary right provided such claim arises out of the Contractor’s IP, Copyrightable

Works, or products as supplied or used or utilized by Contractor, and not out of any modification to the products made by the University or by someone other than Contractor at the direction of the University without Contractor’s approval; provided, however, that

Contractor shall not be obligated to indemnify the University for any claim, loss or damage arising hereunder to the extent caused by the negligent act, failure to act, gross negligence, or willful misconduct of the University.

b. The University shall give Contractor: (i) prompt written notice of any action, claim, or threat of suit alleging infringement, (ii) the opportunity to take over, settle or defend such action, claim or suit at Contractor’s sole expense, and (iii) assistance in the defense of any such action, claim or suit at the expense of Contractor. Notwithstanding the foregoing, the State reserves the right to join such action, at its sole expense, if it determines there is an issue involving a significant public interest.

c. If usage of a component of the Work shall be enjoined for any reason or if Contractor believes that it may be enjoined, Contractor shall have the right, at its own expense and sole discretion to take action in the following order of precedence: (i) to procure for the

University the right to continue usage; (ii) to modify the Goods or Services so that usage becomes non-infringing, and is of at least equal quality and performance;…