Specifications: The State of New Mexico would like to establish a Statewide Price Agreement for periodicals, to be obtained in hardcopy, or in audio-visual or electronic format, if applicable and available. Periodicals may include, but are not limited to: books, textbooks and workbooks, curriculum guides, reference books and directories, magazines, pamphlets, periodicals, publications including newspapers, and reprints, and may be published and made available in hardcopy (paper) or audio-visual formats, including various electronic formats. This Price Agreement may be utilized by all New Mexico state agencies, commissions, political subdivisions and local public bodies, Local governments utilizing this Price Agreement must confirm pricing and availability from vendor prior to ordering. Term: The term of this agreement shall be for one (1) year from date of award with an option to extend for up to three (3) additional years, on a year-by-year basis, and, by mutual agreement of all parties and approval of the New Mexico State Purchasing Agent, at the same price, terms and conditions. This Price Agreement shall not exceed four (4) years. Method for Award/Multiple Awards: Pursuant to the Procurement Code, Sections 13-1-153 and 13-1-154, the State reserves the right to issue multiple awards to obtain the items listed. Multiple awards are recommended to ensure availability and timely delivery. Determination for award shall be based upon the lowest total cost of all items listed and the bidder’s abilities to meet both the "minimum” and the “submittal” requirements of the ITB. This may be a multiple award contract. Compensation: The prices quoted herein represent the total compensation to be paid by the State for the goods and/or services provided including any and all labor, equipment, tools, materials, taxes, permits, licenses, or other costs necessary to complete the service or goods provided. Tax Note: Price shall not include state gross receipts tax or local option tax. Such tax or taxes shall be added at time of invoicing at current rate, and shown as a separate item to be paid by user. Shipping Note: When applicable, freight shall be prepaid by the Awarded Vendor(s) and the cost shall be added to the invoice by the Awarded Vendor(s) as a separate item to be reimbursed by the State. Bidding Information: The conditions and specifications set out in this ITB are inseparable and indivisible. Any Bidder, by submitting a bid, agrees to be bound by all such conditions and/or specifications. All conditions and specifications in the ITB, and all other documents required to be submitted, shall be submitted by the Bidder in their bid package. Failure to do so or any attempt to vary or change the conditions or specifications of the invitation to bid shall, at the discretion of the State of New Mexico, constitute grounds for rejection of the entire bid. It is understood that the vendor providing said goods and/or services to the State of New Mexico is responsible for payment of all costs of labor, equipment, tools, materials, federal taxes, permits, licenses, fees, and any other items necessary to complete the work provided. The prices quoted by a Bidder for this ITB include an amount sufficient to cover such costs. When bidding, enter the amounts for the respective bid item unit prices to a maximum of three (3) decimal places. Any Awarded Vendor shall be considered an independent Contractor and not an employee of the State of New Mexico. The Agency shall provide direction regarding the time and place of performance and compliance with rules and regulations required by this price agreement. Brand Name or Equal: The use of a brand name is for the purpose of describing the standard of quality, performance and a characteristic desired and is not to limit or restrict competition. Escalation / Reduction Clause: Contractor shall keep pricing fixed for the first year of this Agreement. Thereafter, SPD and the Contractor may adjust pricing no more than once annually through an amendment to the Agreement at the time of Agreement renewal. Contractor shall submit all pricing increase requests to SPD directly or through the agency contact in writing and provide substantiating evidence that each request is based on demonstrable market changes impacting the cost of products. The request must show all proposed increases by line item and include supporting documentation acceptable to SPD (such as a letter from a manufacturer indicating price increases, etc.) SPD’s decision on what is acceptable in this context is final and shall be accepted by all parties to the Agreement. Requested price increases that exceed 10% will not be accepted. No price increase may result in a higher profit margin for the Contractor than at the beginning of the initial term of this Agreement. Pricing changes will apply to Agreements and amendments to Agreements entered on and after the effective date of the price change. Price decreases as well as increases shall apply in the same manner. If vendor's prices are reduced for any reason, users shall receive the benefit of such reductions, immediately. Price increases will not be retroactive to orders already in house or backorders. Orders will be filled at the price in effect on the date of receipt of the order by the vendor. To facilitate prompt consideration, all requests for price increase must include all information listed below: Agreement Item Number Current Item Price Proposed New Price Percentage of Increase Mill/Supplier Notification of price increase indicating percentage of increase and including the reason for the increase. Minimum Requirements: Bidder/Awarded Vendor Responsibilities and Requirements: 1. The Awarded Vendor(s) shall supply all periodicals except those available only from publishers or professional organizations, according to the terms of this ITB and any resulting Price Agreement. a. The Awarded Vendor(s) will provide subscription service for periodicals, newspapers, or serial publications on a nine month, one year, two year, or three year basis, as requested by the ordering agency. b. If any items cannot be furnished or are discontinued, the Awarded Vendor will make every effort to obtain a refund, which will be credited to the ordering agency. 2. Bidders shall include a link to their website or electronic catalog on the electronic bid submission where it is requested in the Questions section of the bid response. 3. Pricing shall be based on current market list price less percentage discount offered from a bidding vendor’s established price list. a. Bidders must indicate a discount percentage on their bid. If a discount is 0%, then 0% must be indicated. The State Purchasing Division cannot assume a blank space is a 0% discount. If a submitted bid contains a blank space, the submitted bid may be deemed non-responsive and may be disqualified. b. The price basis for all orders will be the publisher's advertised subscription rate as of the date the subscription commences. Discounts will be calculated as a percent of that subscription rate. c. Indefinite bids, such as "from -10% to 10%", will not be considered. d. Indefinite qualifications added to the bid, such as "some titles may not be subject to discount," are not acceptable and shall not be added. Bidder must state any limitations as to number of titles or services to be supplied in the Comments box of the electronic Items List, and must state whether the periodical is to be provided as print, electronic, or both. Bidder must clearly state the discount for each bid item entered. Service charges shall not be allowed. The Bidder shall state in the Comments section of the electronic Items List if there will be any other charges in addition to the discount provided on hardcopy subscriptions because an electronic format is also being furnished to the customer with the hardcopy publication (i.e., the subscription will include both hardcopy and electronic forms of the publication). The electronic form of the publication shall be listed separately if it is sold at a different price point than the hardcopy subscription. Subscription Orders: Each Agency or institution will place their own orders; invoicing and payments will be handled by each ordering entity. Agencies and institutions shall provide Awarded Vendors with the name(s) and contact information of personnel authorized to act as a representative of their Agency or institution for any Price Agreement resulting from this ITB. Awarded Vendor’s Placement of Orders with Publishers: The Awarded Vendor(s) shall place orders with publishers upon receipt, or as otherwise directed by the ordering Agency or institution if a different time frame is desired by the ordering Agency or institution. An invoice may be sent to the ordering Agency or institution at the time the order is placed, but in no case may an Awarded Vendor hold an Agency’s or institution’s order pending payment of their invoice. State law precludes payment of services in advance. ***End of Specifications***

Bid Protests Not Available