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MANDATORY PROPOSERS CONFERENCE: OCTOBER 30, 2000

SUBMIT I.T.N. PROPOSALS TO:PURCHASING DIVISION

UNIVERSITY OF FLORIDACENTRAL PURCHASING

PO Box 115250GAINESVILLE, FL 32611-5250

Phone: (352) 392-1331Fax: (352) 392-8837

INVITATION TO NEGOTIATEAcknowledgment Form

Page 1 of 130 Pages with I.T.N. PROPOSAL WILL BE OPENED: December 1, 2000 @ 3:30P.M.and may not be withdrawn within 45 days after such date and time.

I.T.N. PROPOSAL NO.

01W-14

UNIVERSITY MAILING DATE:

October 11, 2000

PURCHASING AGENT

M. Williams/lsuI.T.N. PROPOSAL TITLE:

SUS Library Management SystemSoftware

FEDERAL EMPLOYER IDENTIFICATION NUMBER OR S.S. NUMBER

Delivery will be:CASH DISCOUNT TERMS

VENDOR NAME REASON FOR NOT SUBMITTING I.T.N. PROPOSAL

VENDOR MAILING ADDRESS CERTIFIED OR CASHIERS CHECK IS ATTACHED, WHEN REQUIRED,

IN THE AMOUNT OF $

CITY - STATE - ZIP CODE P O S T I N G O F I . T . N . P R O P O S A LT A B U L A T I O N S

AREA CODE

TELEPHONE NO.

TOLL FREE NO.

FAX NO.

I.T.N. Proposal tabulations with intended award(s) will be posted for review binterested parties at the location where the I.T.N. Proposals were opened and wiremain posted for a period of 72 hours. Failure to file a protest within the timprescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver oproceedings under Chapter 120, Florida Statutes. Posting will be on or about:

I certify that this I.T.N. Proposal is made without prior understanding,

agreement, or connection with any corporation, firm or person

submitting an I.T.N. Proposal for the same materials, supplies, or

equipment and is in all respects fair and without collusion or fraud. I

agree to an I.T.N. proposal by all conditions of this I.T.N. Proposal and

certify that I am authorized to sign this I.T.N. Proposal for the Proposer.

Proposer certifies that he is/is not in compliance with the wage and price

standards established by the Executive Office of the President's Council

on wage and price stability.

AUTHORIZED SIGNATURE (MANUAL)

AUTHORIZED SIGNATURE (TYPED), TITLE

GENERAL CONDITIONS:

SEALED I.T.N. PROPOSALS: All I.T.N. proposal sheets and this formmust be executed and submitted in a sealed envelope. (DO NOT INCLUDEMORE THAN ONE I.T.N. PROPOSAL PER ENVELOPE.) The face of theenvelope shall contain, in addition to the above address, the date, and time of theI.T.N. Proposal opening and the I.T.N. Proposal number. All I.T.N. Proposals aresubject to the conditions specified herein. Those, which do not comply with theseconditions, are subject to rejection.

1. EXECUTION OF I.T.N. PROPOSAL: I.T.N. Proposal must contain amanual signature of authorized representative in the space provided above. I.T.N.Proposal must be typed or printed in ink. Use of erasable ink is not permitted. Allcorrections to prices made by Proposer must be initialed.

2. NO I.T.N. PROPOSAL SUBMITTED: If not submitting an I.T.Nproposal, respond by returning only this I.T.N. proposal acknowledgment form,marking it "NO I.T.N. PROPOSAL", and explain the reason in the space providedabove. Failure to respond 3 times in succession without justification may be causefor removal of the supplier's name from the I.T.N. Proposal mailing list. NOTE:To qualify as a respondent, Proposer must submit a "NO I.T.N. PROPOSAL", andit must be received no later than the stated I.T.N. Proposal opening date and hour.

3. I.T.N. PROPOSAL OPENING: Shall be public, on the date, location andthe time specified on the I.T.N. proposal form. It is the Proposer's responsibility toassure that the I.T.N. proposal is delivered at the proper time and place of theI.T.N. proposal opening. I.T.N. proposals, which for any reason are not sodelivered, will not be considered. NOTE: I.T.N. proposal tabulations will befurnished upon written request accompanied by a self-addressed, stampedenvelope and payment of predetermined fee after the notice of decision or intendeddecision or ten days after the I.T.N. Proposal opening, whichever is earlier. I.T.N.Proposal tabulations will not be provided by telephone.

4. PRICES, TERMS AND PAYMENT: Firm prices shall be Proposed awill include all packing, handling, shipping charges, and delivery to the destinatishown herein.(a) TAXES: The University of Florida does not pay Federal Excise and Sataxes on direct purchases of tangible personal property. The Florida Tax ExemNumber is 11-06-024056-57C. This exemption does not apply to purchasestangible personal property in the performance of contracts for the improvementstate-owned real property (see Chapter 192, Florida Statutes).(b) DISCOUNTS: Cash discount for prompt payment shall not be considereddetermining the lowest net cost for I.T.N. proposal evaluation purposes. Howevevery effort will be made to take the discount in the time offered.

(c) MISTAKES: Proposers' are expected to examine the specifications, delivschedule, proposed prices, extensions, and all instructions pertaining to suppland services. Failure to do so will be at Proposers' risk. Unit prices Proposed wgovern in award.(d) INVOICING AND PAYMENT: Pursuant to Section 215.422(3)(b), FlorStatutes, UNIVERSITY shall mail to Vendor payment of an invoice within fo(40) days after receipt of an acceptable invoice and receipt, inspection, aapproval of the goods and/or services provided in accordance with the terms aconditions of this ITN. University may make partial payments to Vendor uppartial delivery of services upon request by Vendor and approval by Universproviding fees or other compensation for services or expenses, hourly or darates or units of deliverables are clearly identified. Units of deliverables shinclude, but not be limited to, reports, findings, and drafts, where applicable, thmust be received and accepted in writing by the University prior to paymeInvoices for fees or other compensation for services or expenses shall be submitin detail sufficient for proper pre-audit and post-audit reviews. Failure University to make such payment within forty (40) days shall result in Universpaying interest at the rate established annually by the Comptroller of the StateFlorida on the unpaid balance from the expiration of the 40-day period. Interpayments shall be mailed within fifteen (15) days after they become due. In t

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case of an error on the part of Vendor, the forty (40) day period shall begin to runupon receipt by University of a corrected invoice or other remedy of the error.A Vendor ombudsman in the Department of Banking and Finance is available toassist the Vendor if problems are experienced in obtaining timely payments fromthe University. The Vendor Ombudsman may be contacted at (904) 488-2924, orby calling the State Comptroller's Hotline, 1-800-848-3792.(e) ANNUAL APPROPRIATIONS: The State of Florida's performance andobligation to pay under this contract is contingent upon an annual appropriation bythe Legislature.(f) CONDITION AND PACKAGING: It is understood and agreed that anyitem offered or shipped as a result of this I.T.N. Proposal shall be a new, currentstandard production model available at the time of this I.T.N. Proposal. Allcontainers shall be suitable for storage or shipment, and all prices shall includestandard commercial packaging.(g) SAFETY STANDARDS: Unless otherwise stipulated in the I.T.N. Proposal,all manufactured items and fabricated assemblies shall comply with applicablerequirements of Occupational Safety and Health Act and any standards thereunder.

5. CONFLICT OF INTEREST: The award hereunder is subject to theprovisions of Chapter 112, Florida Statutes. All Proposers' must disclosewith their I.T.N. Proposal the name of any officer, director, or agent who isalso an employee of the University of Florida, or any of its agencies.Further, all Proposers' must disclose the name of any State employee whoowns, directly or indirectly, an interest of five percent (5%) or more in theProposer's firm or any of its branches. In accordance with Chapter 6C-18,Florida Administrative Code, no person or firm who receives a contract toperform a feasibility study for potential implementation of a subsequentcontract, participates in the drafting of a competitive solicitation, or developsa program for future implementation shall be eligible to contract withUniversity dealing with the specific subject matter, nor shall any firm inwhich such person has any interest be eligible to receive to such contract.The individuals taking part in the development or selection of criteria forevaluation, the evaluation process and the contract award shall beindependent of and have no conflict of interest in the entities evaluated andselected. Proposers must disclose with their proposal any actual or potentialconflict of interest.

6. SELECTION: As the best interest of the University of Florida may require,the right is reserved to make selections by individual item, group of items, all ornone, or a combination thereof; to reject any and all I.T.N. Proposals or waive anyminor irregularity or technicality in I.T.N. proposals received. Proposers' arecautioned to make no assumptions unless their I.T.N. Proposal has been evaluatedas being responsive.

7. INTERPRETATIONS/DISPUTES: Any questions concerning conditionsor negotiation considerations shall be directed in writing to the PurchasingDivision. Inquiries must reference the date of I.T.N. Proposal opening and theI.T.N. proposal number. No interpretations shall be considered binding unlessprovided in writing by the University of Florida in response to requests in fullcompliance with this condition. Any person who is affected adversely by theUniversity's decision or intended decision shall file with the University a notice ofprotest in writing within 72 hours after the posting of the I.T.N. Proposaltabulation or after receipt of the notice of the University's decision or intendeddecision and shall file a formal written protest within 10 days after the date thenotice of protest was filed. With respect to a protest of the negotiationconsiderations contained in a request for I.T.N. proposal, the notice of protest shallbe filed in writing within 72 hours after the receipt of the project plans andnegotiation considerations or intended project plans and negotiation considerationsand the formal written protest shall be filed within 10 days after the date the noticeof protest is filed. Failure to file a notice of protest or failure to file a formalwritten protest within the time prescribed in section 120.57(3), Florida Statutes,shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Atthe time of filing the formal written protest, the Proposer shall post with theUniversity a bond, payable to the University of Florida, in an amount equal to 1%of the University's estimate of the total volume of the contract, or $5,000,whichever is less. The bond shall be conditioned upon the payment of all costs,which may be adjudged against the Proposer.

8. GOVERNMENTAL RESTRICTIONS: In the event any governmentalrestrictions may be imposed which would necessitate alteration of the material,quality, workmanship or performance of the items offered in this I.T.N. Proposalprior to their delivery, it shall be the responsibility of the successful Proposer tonotify the purchaser at once, indicating in writing the specific regulation whichrequires an alteration. The University of Florida reserves the right to accept anysuch alteration, including any price adjustments occasioned thereby, or to cancelthe contract at no expense to the University.

9. LEGAL REQUIREMENTS: Applicable provision of all federal, state,county and local laws, and of all ordinances, rules and regulations shall governdevelopment, submittal and evaluation of all I.T.N. Proposals received in responsehereto and shall govern any and all claims and disputes which may arise betweenperson(s) submitting an I.T.N Proposal response hereto and the University ofFlorida, by and through its officers, employees and authorized representatives, orany other person, natural or otherwise: and lack of knowledge by any Proposershall not constitute a cognizable defense against the legal effect thereof. Anyviolations of these conditions may also result in the proposer's name beingremoved from the University of Florida's vendor mailing list and the Departmentof Management Services, Division of Purchasing, mailing list.

10. LOBBYING: Contractor is prohibited from using funds provided underany contract or purchase order for the purpose of lobbying the Legislature or anyofficial, officer, commission, board, authority, council, committee, or departmentof the executive branch or the judicial branch of state government.

11. ADVERTISING: In submitting an I.T.N Proposal, the Proposer agrees notto use the results therefrom as a part of any commercial advertising.

12. ASSIGNMENT: Any Contract or Purchase Order issued pursuant to tinvitation to Negotiate and the monies, which may become due hereunder, are nassignable except with the prior written approval of the purchaser.

13. LIABILITY: The proposer agrees to indemnify and save the UniversityFlorida, its officers, agents, and employees harmless from any and all judgmenorders, awards, costs and expenses, including attorney's fees, and also all claimsaccount of damages to property, including loss of use thereof, or bodily inju(including death) which may be hereafter sustained by the proposer, its employeits subcontractors, or the University of Florida, its officers, agents, or employeor third persons, arising out of or in connection with this I.T.N. proposal awhich are the result of the proposer's breach of contract or of the negligent actsthe proposer, its officers, agents, and employees. This condition does not applycontracts between government agencies.

14. FACILITIES: The University reserves the right to inspect the Proposfacilities at any time with prior notice.

15. SERVICE AND WARRANTY: Unless otherwise specified, the Propo

shall define any warranty service and replacements that will be provided duriand subsequent to this contract. Proposers' must explain on an attached sheetwhat extent warranty and service facilities are provided.

16. SAMPLES: Samples of items, when called for, must be furnished freeexpense, on or before I.T.N. Proposal opening time and date, and if not destroymay upon request, be returned at the Proposers' expense. Each individual sammust be labeled with Proposer's name, manufacturer's brand name and numbI.T.N. Proposal number and item reference. Request for return of samples shallaccompanied by instructions, which include shipping authorization and namecarrier, and must be received with the I.T.N. Proposal. If instructions are received within this time, the commodities shall be disposed of by the Universof Florida.

17. INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptanwill be at destination unless otherwise provided. Title and risk of loss or damageall items shall be the responsibility of the contract supplier until accepted by tUniversity, unless loss or damage results from negligence by the University. Tcontract supplier shall be responsible for filing, processing and collecting damage claims. However, to assist him in the expeditious handling of damaclaims, the University will:(a) Record any evidence of visible damage on all copies of the deliver

carrier's Bill of Lading.

(b) Report damage (Visible or Concealed) to the carrier and contract suppconfirming such reports in writing within 15 days of delivery, requesting tthe carrier inspect the damaged merchandise.

(c) Retain the item and its shipping container, including inner packing mateuntil inspection is performed by the carrier, and disposition given by tcontract supplier.

(d) Provide the contract supplier with a copy of the carriers Bill of Lading adamage inspection report.

18. PATENTS AND ROYALTIES: The Proposer, without exception, shindemnify and save harmless the University of Florida and its employees froliability of any nature or kind, including cost and expenses for or on accountany copyrighted, patented, or unpatented invention, process, or artimanufactured or used in the performance of the contract, including its use by tUniversity of Florida. If the Proposer uses any design, device, or matericovered by letters, patent or copyright, it is mutually agreed and understowithout exception that the I.T.N. Proposal prices shall include all royalties or coarising from the use of such design, device, or materials in any way involved in twork.

19. CONFLICT BETWEEN DOCUMENTS: If any terms and conditiocontained within the documents that are a part of this ITN or resulting contract in conflict with any other terms and conditions contained therein, then the variodocuments comprising this ITN or resulting contract, as applicable, shall governthe following order of precedence: Amendment, Contract for Services aAddendum(s), Addenda to Request for I.T.N. Proposal, Special ConditioGeneral Conditions, Invitation to Negotiate, and other materials.

20. NON CONFORMANCE TO CONTRACT CONDITIONS: Items mbe tested and/or inspected for compliance with specifications by the FlorDepartment of Agriculture and Consumer Services, or by other appropriate testfacilities. The data derived from any tests for compliance with specifications public records and open to examination thereto in accordance with Chapter 1Florida Statutes. Items delivered not conforming to specifications may be rejecand returned at vendor's expense. These items and items not delivered as pdelivery data in I.T.N. proposal and/or purchase order may result in proposer beifound in default in which event any and all re-procurement costs may be chargagainst the defaulting contractor. Any violation of these conditions may also resin the proposer's name being removed from the University of Florida's venmailing list and the Department of Management Services Division of Purchasimailing list.

21. PUBLIC RECORDS: All I.T.N. proposal information submitted and openbecomes subject to the Public Records Law set forth in Chapter 119, FlorStatutes.

22. PUBLIC RECORDS CANCELLATION: Any resulting contract may unilaterally canceled for refusal by the proposer to allow public access to documents, papers, letters, or other materials subject to the provisions of Chap119, Florida Statutes, and made or received by the proposer in conjunction wthe contract.

23. AUDIT: Invoices for fees or other compensation for services or expenshall be submitted in detail sufficient for proper pre-audit and post-audit reviews

24. TRAVEL: Bills for any travel expenses must be submitted in accordance wSection 112.061, Florida Statutes. No travel expenses may be paid to, or for tbenefit of, any individual, by the University, in excess of the amount permittedSection 112.061, Florida Statutes. Any expenses in excess of the amouprescribed by law shall be borne by the proposer.

NOTE: ANY AND ALL SPECIAL CONDITIONS AND SPECIFICATIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL

CONDITIONS SHALL HAVE PRECEDENCE. PUR: 7033 (Rev. 9/95)

NOTE: ANY AND ALL SPECIAL CONDITIONS AND SPECIFICATIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE.

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State University System of FloridaIntegrated Library Management System

Invitation to Negotiate

Prepared by

theState University System of Florida

Florida Center for Library Automation

NOTE: ANY AND ALL SPECIAL CONDITIONS AND SPECIFICATIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE.

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ITN 01W-14 SUS Library Management System Software

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ITN 01W-14 SUS Library Management System SoftwareState University System of Florida

Table of Contents

GENERAL CONDITIONS

1

1 INTRODUCTION

7

1.1 Purpose7

1.2 Background and Project History7

1.3 Objectives8

1.4 Assumptions10

2 ADMINISTRATIVE INFORMATION

11

2.1 Terms and Conditions Applicable to Proposers11

2.1.1 Proposed Schedule of Events11

2.1.2 Inquiries12

2.1.3 Mandatory Proposers Conference12

2.1.4 Submission of Proposals132.1.5 Proposal Duration

152.1.6 Pricing

152.1.7-2.1.20 Other Conditions

162.2 Terms and Conditions Applicable to Selected Vendor

192.2.1 Payment Schedule

192.2.2 Acceptance Testing21

2.2.3 Implementation Plan28

2.2.4 Contract Duration and Extension Option28

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2.2.5 Escrow of Essential Software29

2.2.6-2.2.20 Other Conditions29

3 EVALUATION

35

3.1 General Information35

3.2 Proposal Requirements35

3.3 Evaluation Criteria37

3.4 Evaluation Process37

3.5 General Scoring Principles393.6 Scoring Mechanism for Section 5

403.7 Scoring Mechanism for Section 6

413.8 Scoring Mechanism for Section 7

423.9 Final Negotiation and Selection

42

4 MANDATORY SPECIFICATIONS43

4.1 Mandatory - General System Functions43

4.2 Mandatory Data Conversion47

4.3 Mandatory Requirements for Computer Hardware andPlatforms 484.4 Mandatory - Hardware Recommendation

48

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Table of Contents (Continued)

5 FUNCTIONAL SPECIFICATIONS

515.1 Acquisitions and Serials Control

525.2 Cataloging and Database Maintenance

625.3 OPAC

705.4 Access Services

775.5 Systems Administration

87

6 COST SUMMARY

111

6.1 Complete Price List111

6.2 Guaranteed Discounts111

6.3 Detailed Cost Quotes for Each Configuration111

7 VENDOR VIABILITY

1157.1 Vendor Information and Experience

1157.2 Autonomy and Governance

1157.3 Financial Data

1167.4 References

1167.5 Customer Support

117

7.6 Implementation117

APPENDICES

Appendix A: Overview of Current SUS LMS System and SUSEnvironment 119

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A.1 The State University System of Florida (SUS)119

A.2 The SUS Library Program119

A.3 The Current LMS120A.4 Demographics and environmental data

121Table 1: SUSof Florida and Their Library Service

Points 122Table 2: Student and Faculty Population

123Table 3: Summary of Database Record Counts

123Table 4: Detailed Library Catalog Record Counts

124Table 5: Sample System Transaction Load For All SUSLibraries 125

Table 6: Circulation Activity Summary125

Table 7: 1998/1999 Circulation Statistics -- Charges +Renewals 125

Table 8: Database Searches126

Table 9: Commercial A&I Database Record Counts127

Appendix B: Glossary128

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1 INTRODUCTION

1.1 Purpose

This document presents specifications and relatedinformation for the delivery, installation, implementation, andmaintenance of and data conversion and training for anintegrated library management system for the libraries of theState University System of Florida (SUS) institutions. Thesoftware is to be installed over a 2-3 year period. ThisInvitation to Negotiate (ITN) has been developed through thecooperative efforts of the SUS libraries and the Florida Centerfor Library Automation (FCLA), an agency of the StateUniversity System of Florida attached to the University ofFlorida which serves as the purchasing agent for this project.

The contracting party will be the University of Florida(University) for and on behalf of the Board of Regents of theState of Florida.

FCLA has received part of the funding for this project.A budget request for the remaining funds is going forward tothe Florida Legislature for the 2001/2002 fiscal year. A finalcommitment and the signing of the contract will be contingentupon confirmation of receipt of sufficient funds to cover thecomplete cost of the project.

1.2 Background and Project History

A statewide SUS Library Management SystemCommittee (LMSC) has been formed to investigate librarysystems for the migration of all SUS libraries to a new platform.The plan is to continue to provide access to the entire SUSlibrary collection via a common library management system andto enable patron-initiated remote borrowing.

An overview of the SUS libraries:

55 libraries at 10 universities (see

Appendix A, Table 1) 10 main libraries

4 law school libraries

3 health science center libraries

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17 branch campus libraries in 4 timezones (US Eastern and Central; London,England; Florence, Italy)

21 specialized libraries

17 million volumes in collections rangingfrom 300,000 to 4 million

2,000 staff combined

Serving over 200,000 students and15,000 faculty

The State University System of Florida employs a singleautomated library system to provide library managementsoftware to the 10 universities. Some universities have multiplelibraries. Each library operates autonomously with respect tothe acquisitions, cataloging, and circulation of library materials.

Some campuses have implemented selected modules such asacquisitions and serials control, electronic course reserve andILL on stand-alone systems. Appendix A provides a set oftables that identify the 10 SUS universities, their physicallocations and their system environments.

Currently, all of the libraries participate in the SUSshared FCLA system based on a heavily-customized version ofNOTIS. The software and data files are housed on IBMmainframe and RS6000/SP servers at a central site inGainesville, Florida. Participating libraries connect to the

server site through either dedicated fractional T1 lines orInternet2 connections. The network infrastructure used by theproject is in transition as many of the libraries move away fromFCLA-funded dedicated fractional T1 lines to the Internet2lines being installed at many of the SUS campuses. The vendorwill not be responsible for any aspects of the network. One ofthe goals of this project is to maintain the concept of somenumber of shared servers located in Gainesville under FCLA'scontrol.

FCLA, located in Gainesville, FL, administers and

controls the NOTIS implementation. During the initialimplementations in the 1985-1987 time frame, FCLA worked incooperation with the vendor for training, orientation and initialimplementations, but conversion and loading responsibilitieswere handled by FCLA. FCLA continues to provide databasemaintenance, implementation services, software training,technical support and development services. While it is

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assumed that eventually FCLA will serve similar roles in theongoing support of a new system, it is expected that the vendorwill provide the initial implementation, data conversion andtraining services to each of the universities through a team

effort involving both FCLA and library staff. See Sections6.3.4 (Cost - Data Conversion) and 6.3.5 (Cost -Training/Documentation) for more information.

1.3 Objectives

The SUS is committed to providing exceptional libraryand information services to the university community byimplementing an integrated library management system ofsuperior functionality and cost efficiency.

It is expected that the SUS libraries will operateautonomously with respect to the acquisition, serials control,circulation, and cataloging of library materials using anenvironment of shared hardware and software. At the sametime the library management system is expected to provideconsortium-based capabilities such as a union catalog that isexpected to indicate complete bibliographic holdings andcirculation status of those holdings and be available from anyworkstation accessing the proposed system, regardless of itslocation.

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Two models co-exist in the SUS and will be supported byFCLA:

SUS-wide (S) = must fully support an arrangement that

will allow separate universities to sharehardware and software while enablingeach university to access and maintainits own library data. The librarymanagement system and local data foreach university must be able to haveseparate profile and securityconfigurations that are controlled at theuniversity level.

Institutional (I) = must fully support an arrangement that

enables the data from multiple librariesat a single university to coexist in thesame data files. The Online PublicAccess Catalog (OPAC) incorporatesall the libraries located at that singleuniversity. In addition, each library atthe university must have the option tohave separate profile and securityconfigurations for staff functions. Twoexamples of this arrangement are thecomplex of libraries located at the

University of Florida and University ofSouth Florida.

The type of functionality the SUS libraries are seeking toincorporate includes:

Consortium-based capabilities such as unioncatalog, universal borrowing within the SUS andnon-mediated requesting of library materials.

Ability of the SUS to distribute the system acrossdifferent servers

Ability of the system to support the combined

transaction load of SUS libraries on campuses of the10 universities and their branches with excellentperformance for all participating libraries.

A state-of-the-art integrated library system thatprovides access to public services, collectionmanagement, and technical services functions.

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A system that enables each campus to view andmaintain its own data with local control of profileand security configurations.

Ability to effectively convert data from the

existing library systems into a new format that willpreserve and insure its continued development andpreservation, as well as the ability to migrate data tonew generations of library systems.

Allow for the integration of electronic resourcesthat are made available through the SUS DigitalLibrary initiative (e.g., bibliographic and full-textdatabases, image databases, electronic journals, etc.).

Provide a means of, or an interface to, userauthentication and user authorization vis-a-vis theSUS-wide borrowing of library materials.

Ability to exploit emerging technologies andinformation resources to raise the level of libraryservices, facilitate an increase in staff productivity,and improve effectiveness.

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1.4 Assumptions

The SUS will purchase a system that providesthe most forward-looking, flexible, extensible, and

cost efficient solution. The system architectureshould be open, client-server, and make use of acommercial relational or object-oriented database formuch of its functionality.

The SUS will not be an alpha or beta site for anew system and will award a contract on the basis ofwhat is actually in general release at the time ofpurchase.

The SUS will select a system that runs onstandard hardware. Hardware will be purchasedseparately using existing State of Florida contract

terms and pricing. However, vendor is required toprovide sufficient information on the hardwarenecessary to support the universities based on theenvironmental information in Appendix A.4 suchthat total system costs can be derived.

The system chosen will support the librarymanagement system needs of the 10 universities.The system must provide for a range of desiredfunctions that will serve the range of libraries fromthe smallest to the largest site. For a system to beconsidered, it must satisfy the requirements for the

largest, most complex libraries in the SUS systemthat includes two institutions that are members of theAssociation of Research Libraries. The system must support the ability for the SUSlibraries to provide consortial services such as anonline union catalog of an estimated six millionunique bibliographic records in machine-readableform (as outlined in Appendix A.4, Table 3) andcirculation for all 213,000 SUS students from anySUS library.

The software and hardware used to support the

system will be housed on servers centralized inGainesville

The system will be designed to work across awide area network and will be Internet accessible.

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2 ADMINISTRATIVE INFORMATION

2.1 Terms and Conditions Applicable to all

Proposers

2.1.1 Schedule of Events

The following dates are firm and are NOT subject to change:

EVENTDATE

Mandatory Proposers Conference October 30, 2000

Submission of Questions Deadline November 20, 2000

Submission of ITN Proposal DeadlineDecember 1, 2000

Proposal Opening December 1, 2000

The following dates are APPROXIMATE dates and are subjectto change:

Announcement of Short List February 2, 2001

Scripted demonstrations by short-listed vendorsFebruary-March 2001

Site visits/interviews with short-listed vendors March-April 2001

Site visits/interviews with selected customers March-April 2001

Negotiation with Preferred Vendor April-June2001

Projected Contract Award June 2001

Start of System Installation Planning July 2001

Proposers attention is drawn to the scheduled dates forthe mandatory Proposers Conference and the on-site scripteddemonstrations by selected vendors. Both will take place at the

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University of Central Florida in Orlando. The latter will be twodays in duration involving simultaneous scripted demos forindividual functions. Proposers should review this schedule andbe prepared to make relevant staff available during these dates.

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2.1.2. Inquiries

All vendor inquiries must be directed in writing (mail,email or fax) to the principal contact who is the only authorized

SUS contact:

Central Purchasing

ATTN: Michael Williams

Associate Director of Purchasing

102 Elmore Hall

P.O. Box 115250

University of Florida

Gainesville, FL 32611-5250

Phone: (352) 392-1331 X304

Fax: (352) 392-8837Email:[email protected]

The University will not give verbal answers to inquiriesregarding the specifications, or verbal instructions prior to orafter the award of the proposal. A verbal statement regardingsame by any person shall be non-binding. The University is notliable for any increased costs resulting from the Proposeraccepting verbal direction. All changes, if necessary, shall bemade by written addendum to the proposal.

Any explanation desired by Vendors must berequested of the University of Florida Purchasing Department inwriting, and if an explanation is necessary, a reply shall bemade in the form of an addendum, a copy of which will beforwarded to each Vendor who attends the MandatoryProposers Conference.

The closing date for questions is November 20,2000, as set forth in Section 2.1 (Proposed Schedule of Events).Answers to all substantive questions will be provided only tothe vendors who attend the mandatory proposers conferencescheduled for October 30, 2000 prior to the deadline forsubmitting the ITN proposals.

2.1.3. Mandatory Proposers Conference

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A mandatory Proposers Conference will be held at the

time and place given below. The purpose of this conference is

to hear any and all questions arising from this Invitation to

Negotiate. Answers to any questions that might arise will be in

the form of an Addendum to the Invitation to Negotiate thatwill be provided to those who attend the conference. All such

revisions must be acknowledged by signature and returned with

the proposal. FAILURE TO ATTEND THIS MEETING

WILL RESULT IN THE REJECTION OF YOUR

PROPOSAL.

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AMERICANS WITH DISABILITY ACT of 1990 - Ifspecial accommodations are needed in order to attend themandatory Proposers Conference or a proposal opening,

contact Michael Williams by October 26, 2000. See Section2.1.2 for contact information.

Date, Time, and Location of the Mandatory ProposersConference

Date: October 30, 2000

Time: 1:00 p.m. Eastern Standard Time (EST)

Location: Student Union

Room Egmont Key Room, #224University of Central FloridaOrlando, Florida

Directions to the UCF Campus, the UCF Student Union andvicinity are available at the following URL:http://www.ucf.edu/contact/location.html

2.1.4 Submission of Proposals

In order to be considered in the award, proposals should

be submitted on the University of Florida Invitation toNegotiate Acknowledgment form with

one (1) complete original proposal, twelve (12) complete photocopies and one (1) machine-readable version in MS Word 97 on

a standard floppy disk. Proposals must be submittedin a sealed envelope, with the following informationon the outside of the envelope:

proposal number, date and time of proposal opening, and company name.

The official proposal must be submitted in paper form. Faxedproposals will not be accepted. The MS Word 97 version mustbe suitable for posting on a secure server for wide disseminationto the LMSC and its subcommittees. An MS Word 97 versionof the ITN is available at the following URL:

http://www.fcla.edu/FCLAinfo/lms/itn.doc

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This version can be downloaded and used as a template for boththe printed and machine-readable responses so that both theofficial print response and the machine-readable version will beidentical. University will not be responsible for notifying

proposers of any differences between the printed proposal andthe MS Word 97 proposal submitted by the vendor. In theevent of any such differences, the printed proposal submitted bythe vendor will control.

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In addition, one (1) complete, machine-readable set ofuser and system manuals covering all operations and functionssuitable for posting on a secure server for wide dissemination tothe LMSC and its subcommittees must be included with the

proposal.

Proposers must identify those portions of their proposalsthat they deem to be confidential, proprietary information, ortrade secrets. To the extent permitted by law, the SUS willmake every reasonable effort to honor such confidentiality inaccordance with statutory requirements. To the extentpermitted by law, these documents will be kept confidential andwill be deleted once the proposal has been awarded.

The vendor is required to respond to all information

requested in the ITN. Information is requested in Sections 2, 4,5, 6 and 7. More specific guidelines are outlined in Section 3.2(Proposal Requirements). Any vendor who does not supplyrequired information WILL BE DEEMED NON-RESPONSIVE AND, THEREFORE, ELIMINATED

FROM FURTHER REVIEW AND CONSIDERATION.

Proposals must be submitted by 3:30 p.m. EDT on December 1,2000 to:

Central Purchasing

ATTN: Michael WilliamsAssociate Director of Purchasing

102 Elmore Hall

P.O. Box 115250

University of Florida

Gainesville, FL 32611-5250

It is the vendor's responsibility to deliver the finalproposal to the proper place by the correct date and time. Notelephone, telegraphic or facsimile proposals will be considered.Proposals received after December 1, 2000 will be returned tothe Proposers unopened. The use of express or priority mailservices does not guarantee that proposals will be received ontime.

If this proposal will be mailed through the U. S. PostalService as regular mail, address the proposal to the PO Box asshown above. If a company representative plans to attend the

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proposal opening; if the proposal will be hand delivered; or ifthe proposal will be delivered by a service other than the U. S.Postal Service regular mail, i.e., Federal Express, Airborne,United Parcel Service, Courier, U. S. Postal Express Mail, etc.,

address the proposal to the Building and room number as shownabove.

The decision to award a contract will be based upon theevaluation system outlined in Section 3 (Evaluation). Price,though a consideration, will not be the sole determining factorupon which a selection is made. There is no obligation to awarda contract.

Proposers must indicate which parts of the project, ifany, will be performed by subcontractors.

Proposers should be prepared to demonstrate theirproposed products and services, if invited. The presentationwill be at the University of Central Florida, Orlando, duringFebruary 2001.

Proposer should be prepared for site visits to vendorcorporate offices by the LMSC and other appropriate SUS staff,if selected as a finalist.

The final contract will include this ITN, the vendors

proposal to this ITN, other negotiated clauses, and standardState of Florida clauses as necessary.

2.1.5 Proposal Duration

Proposers must guarantee their proposals for a period ofONE (1) YEARfrom the proposal deadline of December 1,2000.

2.1.6 Pricing

The proposer must provide itemized pricing on theproposed system as described in Section 6 (Cost Summary).Pricing for products must be in the form of guaranteeddiscounts from the vendor's suggested retail prices that are ineffect at the time the proposal is submitted. Vendors are

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encouraged to propose discount ranges based on volume. It isacceptable for different discount levels to be applicable todifferent classifications of products. Complete price lists of allvendor products and services (data conversion, maintenance,

installation, training, etc.) must be included in the proposal.During the term of the contract, the vendor must provide to theSUS updated vendor price lists within fifteen (15) days afterthey become available. The proposal must indicate compliancewith these requirements.

The vendor shall provide the first year of the librarymanagement software maintenance as part of the proposal at noadditional cost. Maintenance price quotes shall be included inSection 6 (Cost Summary) as part of the cost evaluation. Thevendor shall provide a guaranteed annual escalation cap for

maintenance fees or use the Consumer Price Index (CPI),whichever is lower.

The SUS requires one license for use by all participatinginstitutions. The SUS will agree to limit use of the software tothe business purposes of the SUS. The license must allow anunlimited number of users of the software by SUS institutions.The SUS anticipates that 10 institutions and one central supportorganization, i.e., FCLA, will use the software on a shared basisfrom one server site. In addition, FCLA will need a separatetest copy of the system that enables the SUS libraries to test and

train in a replication of their production database configurationwith small test/training files.

All costs to be incurred and billed to the SUS should beincluded within the Proposers proposed cost and clearlylabeled. The Proposer should understand that the SUS will notpay any amount identified as insurance or taxes of any kind,that liability for such items remains with the Proposer.

2.1.7 Use of Terms

In this Invitation to Negotiate, unless otherwiseindicated, the terms State University System and SUS are usedsynonymously; University of Florida and University are usedsynonymously, and FCLA and Florida Center for LibraryAutomation are used synonymously. The terms vendor,proposer, offerer and contractor are used synonymously in thisITN unless otherwise indicated.

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2.1.8 Equal Opportunity Statement

The State University System has established equalopportunity practices which conform to both the spirit and theletter of all laws against discrimination and prohibitsdiscrimination based on race, creed, color, sex, age, nationalorigin, marital status or religion. To be considered for inclusionas a supplier under this agreement, the proposer commits to thefollowing:

A. The provisions of Executive Order 11246, September 24,1966, and the rules, regulations, and relevant orders ofthe Secretary of Labor are applicable to each order placedagainst this agreement regardless of value.

B. If the proposer expects to receive $10,000 in ordersduring the first 12 months of this agreement, a completecertificate of non-segregated facilities shall be attached tothe proposal response.

C. If the proposer expects to receive $50,000 in ordersduring the first 12 months of this agreement and employsmore than 50 people, standard form 100 (EEOO-1) mustbe filed prior to March 1 of each year.

D. If the proposer expects to receive $50,000 in ordersduring the first 12 months and employs more than 50people, a written program for affirmative action

compliance must be maintained by the proposer, subjectto review upon request by the user agencies of thisagreement.

If you have already complied with the above, pleaseindicate____

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2.1.9 Minority Business Status

To comply with the provisions of 6C-18 FloridaAdministrative Code, proposer should check the appropriatedesignation of the company.

Minority-owned firm Non-minorityowned firm

If minority owned firm, indicate the minority status.

M. American Woman J.Asian American

H. African American I.Hispanic American

K. Native (Indian) American

Indicate if the company is currently certified by the

Florida Department of Management Services as aMinority Business Enterprise.

Yes No

2.1.10 Public Entity Crime

A person or affiliate who has been placed on theconvicted vendor list by the Department of ManagementServices, State of Florida, may not submit a proposal on acontract to provide any goods or services, including construction,

repairs, or leases and may not be awarded or perform work as acontractor, supplier, subcontractor, or consultant for theUniversity of Florida for a period of 36 months from the date ofbeing placed on the convicted vendor list. A "person" or"affiliate" includes any natural person or any entity, includingpredecessor or successor entities or any entity under the controlof any natural person who is active in its management and whohas been convicted of a public entity crime (Rule 6C-18 FloridaAdministrative Code).

FEDERAL DEBARRMENT - By signing thisproposal, the proposer certifies, to the best of itsknowledge or belief, that the proposer and its

principals are not presently debarred, suspended,proposed for debarrment, or declared ineligible for theaward of contracts by any Federal agency; or have notwithin a three-year period preceding this offer, beenconvicted of or had a civil judgment rendered againstthem in connection with a public contract orsubcontract; or are not criminally or civily charged bya governmental entity with commission of offenses;

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2.1.12 Qualifications of Proposers

A contract will be awarded only to a responsibleproposer qualified by experience to provide the work specified.

2.1.13 Confidentiality

From the date of issuance of this ITN, until a proposal ismade, the vendor must not make available or discuss hisproposal, or any part thereof, with any employee or agent of theUniversity, other SUS universities, or the FCLA, unlesspermitted by the Director of Purchasing, in writing, forpurposes of clarification only.

2.1.14 Proposal Rejection

The University shall have the right to reject any and allproposals and in particular to reject a proposal not accompaniedby data required by the ITN or a proposal in any wayincomplete or irregular including omission of pricing.Conditional Proposals may be considered non-responsive.

2.1.15 Errors

The University is not liable for any errors ormisinterpretations made by the proposer in responding to thisInvitation to Negotiate.

2.1.16 Open Competition

The University encourages free and open competitionamong vendors. Whenever possible, specifications, proposalinvitations and conditions are designed to accomplish thisobjective, consistent with the necessity to satisfy theUniversity's needs and the accomplishment of a soundeconomical operation. The Vendor's signature on this proposalguarantees that the prices quoted have been established withoutcollusion with other Vendors and without effort to preclude theUniversity from obtaining the lowest possible competitive price.

The Vendor certifies that its officers or employees have notbribed or attempted to bribe or influence in any way an officer,employee or agent of the University.

2.1.17 Oral Presentation

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After proposals have been opened, a limited number ofVendors submitting proposals may be required, at the soleoption of the University, to make an oral presentation or providewritten clarifications. Such presentations or clarifications willprovide an opportunity for the Vendor to clarify the proposal.

Oral presentations may be recorded, and both recorded oralpresentations and written clarifications will be affixed to theVendor's proposal and become a part of same as if originallysubmitted. The Director of Purchasing will initiate andschedule a time and location for any presentations, which maybe required.2.1.18 Performance Investigations

As part of the proposal evaluation process, the Universitymay make inquiries and investigations, including verbal orwritten references from vendor's educational and institutionalcustomers, to determine the ability of the vendor to offer theservice.

2.1.19 Vendors Expense

All proposals submitted in response to this ITN must besubmitted at the sole expense of the Vendor, whether or not anyagreement is signed as a result of the ITN. Proposers shall payall costs associated with the preparation of proposals and anynecessary visits to campus.

2.1.20 ITN Interpretation

Interpretation of the wording of this document shall bethe responsibility of the University and that interpretation shallbe final.

2.2 Terms and Conditions Applicable to Selected

Vendor

The University anticipates that any contract awardedpursuant to the ITN would contain terms and conditions,including but not limited to, and substantially similar to thoseprovided in this section.

2.2.1 Payment Schedule

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The SUS will make payments according to a progresspayment schedule based on the institutional implementations. TheSUS will compensate the selected vendor under the licenseagreement incrementally for each new subsystem implementation at

each university. The SUS anticipates, but does not guarantee,implementation of the software for the 10 institutions over the nextfive years. A list of the institutions and institutional profile data areshown in Appendix A.4. The payment formula is as follows:

Payment = Cost of subsystem A X % Size ofuniversity, with Adjustments where

Cost of subsystem A = vendor price quote for A% Size of university = university student FTE / SUS student FTEAdjustment 1 = Type 1 partial payments for the first

subsystem at the first university (seebelow)

Adjustment 2 = Minus the 10% withholding for the Union

Catalog and Universal Borrowing (seebelow)

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If vendor does not separately price Subsystem A, then the cost ofsubsystem A will be as follows:

Acquisitions/Serials 20%

Cataloging 20%OPAC 40%Access Services 20%

The SUS recognizes that the vendors offering willinclude use of certain third party software for which the vendormay not be able to grant unlimited usage. Pricing for third partysoftware should be stated separately. If a number of concurrentusers is required to calculate costs for third party software, usethe numbers obtained from Appendix A.4 Table 2.

The SUS will pay the successful vendor for the initiallicense cost of application modules (except for Union Catalogand Universal Borrowing) based on two payment schedules.Type 1 will only be used once for each application. After eachapplication has successfully completed the acceptance testingall subsequent orders for the application will be based on Type2 payment schedules. Payment schedules 1 and 2 are describedas follows:

Type 1 Prior to successful acceptance testing of eachsoftware application by the SUS, the following payment

schedule will be used with the first order and installation ofeach module:

At delivery of the complete set of softwareordered by SUS: 5%

Following successful acceptance testing andresolution of issues identified to the vendor: 55%

At implementation for the first institution: 40%

Type 2 After successful acceptance testing is complete fora software application module, 100% will be used for each

subsequent institutional implementation for the acceptedsoftware module.

These payment schedule specifications do not apply tosoftware maintenance agreements. After the warranty period,maintenance fees will be adjusted in correspondence with thenumber of modules and/or universities that have been activated.

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The SUS will withhold 10% of the license payments forall modules until successful delivery and acceptance of theUnion Catalog and Universal Borrowing applications.

Payments for the Union Catalog and Universal Borrowing alongwith the 10% withholding will be made only after successfuldelivery, installation and acceptance by the SUS.

Example 1: if UFs FTE is 21% of the SUS FTE and it is thefirst school to install the cataloging subsystem, payment wouldbe as follows:

$ for cataloging X 0.21 X 0.05 minus 10% atdelivery

$ for cataloging X 0.21 X 0.55 minus 10% at

acceptance$ for cataloging X 0.21 X 0.40 minus 10% atimplementation

Example 2: if FIU implemented the cataloging subsystem afterUF and has 12.6% of the SUS FTE, payment would be:

$ for cataloging X 0.126 X 1.00 minus 10% - atdelivery

Example 3: if UNF has 4.9 % of the FTE, is the last toimplement cataloging and the Union Catalog and Universal

Borrowing are working, the payment would be:$ for cataloging X .049 X 1.00 - at delivery

2.2.2 System Performance, Testing and Acceptance

Requirements

Sections 2.2.2.3-2.2.2.8 Specifications 2000, Joseph Ford and Associates,

Inc. All rights reserved.

Acceptance testing will be contingent on the ability ofthe mandatory system modules (as outlined in Section 4,

Mandatory Specifications) to perform adequately using SUSdata at installed site(s) selected by the SUS.

2.2.2.1 The areas in which acceptance testing will be performedare:

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2.2.2.1.1 Transaction throughput capacity and response timeto determine that the provided system isperforming at vendor designated levels

2.2.2.1.2 Hardware functionalityto determine that the

hardware configuration recommended by the vendorworks2.2.2.1.3 Module functionalityto determine that the

software provided by the vendor performs allfunctions attested to by the vendor

2.2.2.1.4 Conversion testingto determine that allappropriate databases and records from the formersystem have been converted correctly

2.2.2.1.5 Database loading and index buildingto determineboth the accuracy of the database loading andsubsequent built indexes and the length of time to

reload the database and index it.

2.2.2.2 Response time

The system is expected to perform the followingcategories of online transactions with the indicated responsetimes. Response time is defined as the total amount of timebetween a send command (pressing of a key to initiate theinput to the computer) and the completed display of theresponse on the screen. In the following response timerequirements, network time is assumed to take 0.5 seconds of

the time allowed.

2.2.2.2.1 Charge, renewal and discharge commands areexpected to have an average response time of 2seconds or less during normal hours and have aresponse time during peak hours of less than 5seconds 99% of the time.

2.2.2.2.2 Serials check-ins are expected to have an averageresponse time of 3 seconds or less during normalhours and have a response time during peak hours ofless than 6 seconds 99% of the time.

2.2.2.2.3 Non-Boolean (i.e., heading) public access catalogsearches are expected to have an average responsetime of 2 seconds or less during normal hours and beless than 6 seconds 98% of the time during peakhours.

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2.2.2.2.4 Single word keyword searches are expected to havean average response time of 2 seconds or less duringnormal hours and be less than 6 seconds 98% of thetime during peak hours.

2.2.2.2.5 Boolean (i.e., multi-term searches using one or moreAND, OR, or NOT connectors) searches areexpected to have an average response time of nomore than 6 seconds during normal hours and 9seconds during peak hours. One additional secondmay be allowed for each 5,000 matching records inboth normal and peak hours.

2.2.2.2.6 Input and update functions during peak hours areexpected to have an average response time of 3seconds or less during normal hours and be less than8 seconds 99% of the time during peak hours.

2.2.2.3 Testing, Acceptance, and Remedies

In order to ensure that the SUS has received the valueand functionality specified in this ITN, the SUS will conductwith Vendors assistance and support a suite of tests over aperiod of months, to verify that all modules of the systemfunction as agreed. Further, the SUS retains the right to repeattests to ensure that the ongoing operation of the system meets

specified parameters. The actual scheduling and sequence oftests will be included in final contract Implementation Plan.

2.2.2.4 Module Functionality Test

The purpose of the Module Functionality Test is to verify thatthe required functional capabilities of the Software have beendelivered.

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Timing and Sequence of the Test:

2.2.2.4.1. Testing will coincide with the implementation of thevarious modules and shall occur during or

immediately after the training session for themodule.

2.2.2.4.2. Training and testing will not occur until after theserver hardware has been installed and tested andsufficient software and data have been loaded topermit training and the test to be effectivelyperformed.

2.2.2.4.3. Verification of the attached functional check listswill occur during the training sessions.

2.2.2.4.4. The SUS shall have an additional 60 days to testadditional functions related to the module(s) onwhich training was received.

Testing Methods:

2.2.2.4.5. Prior to training, FCLA shall designate one or morepersons participating in the training session who areauthorized to indicate acceptance of the functionalchecklists attached.

2.2.2.4.6. During training the selected authorized testers shallinitial the functional checklist for features observedand operational.

2.2.2.4.7. Functions which do not operate properly shall benoted and reported in writing to Vendor.

2.2.2.4.8. The SUS shall have 60 days from the completion oftraining for a module to verify other functions whichVendor documentation indicates the Software willperform and submit any exceptions to Vendor inwriting.

2.2.2.4.9. Vendor shall clarify and resolve all reportedproblems within 60 days of receipt of report. Withinseven days of receipt of notice of resolution fromVendor, the authorized testers shall retest thefunction and confirm that the function has or has not

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been resolved to Universitys and FCLAs completesatisfaction.

2.2.2.5 Software Module Acceptance

The Software Module Functionality Test for a givenmodule will be successfully completed and FCLA obligated topay invoices when:

2.2.2.5.1 Each function of the appropriate functional checklistis operational, and

2.2.2.5.2 Each problem properly reported in the 60-dayadditional test period has been resolved to

Universitys and FCLAs complete satisfaction.

Software Functional Checklist

The following features are part of software moduletesting, and each will be tested or conducted during the test.

____ 1. General Features (All modules).____ 2. Searching Capabilities (Allmodules).

____ 3. Data Entry and Editing (Allmodules).____ 4. Bibliographic/item File andMaintenance.____ 5. Bibliographic Interface Software.____ 6. Authority Control.____ 7. Inventory (Circulation).____ 8. Check-out (Circulation).____ 9. Renewal (Circulation).____ 10. Circulation/Management Reports(Circulation).

____ 11. Check-in (Circulation).____ 12. Fines and Fees (Circulation).____ 13. Notice Production (Circulation).____ 14. Holds (Circulation).____ 15. Recalls (Circulation).____ 16. Patron File (Circulation).____ 17. Reserves (Circulation).

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2.2.2.6.6 These remedies shall be non-exclusive remedies inthe event Vendor is unable to pass any ModuleFunctionality Test within 90 days of commencingthe test, and the SUS may have additional remedies

under law.

2.2.2.7 Response Time Test and Procedures

The Response Time Test is intended to demonstrate thatthe System is capable of meeting the performance standards asdefined in the Agreement at user terminals under full loadconditions.

2.2.2.7.1 A Response Time Test may be requested by the SUSanytime within five years of the completion of theimplementation as a means of verifying theperformance standards established in this ITN.

Testing Methods:

2.2.2.7.2 The Response Time Test will be performed with PCsallocated by function (circulation, patron query, etc.)in the mix of PCs and process in normal library use,or as mutually agreed upon at the time of the test.

2.2.2.7.3 System load defines the number of transactions

being processed during a given time period.Average response time under Normal and Peak loadswill vary as described in Section 2.2.2.2., ResponseTime.

2.2.2.7.4 Normal Load is defined as the load on the Systemwhen processing transactions up to the levelspecified in the following Table. The Normal Loadis computed by dividing the annual transactions bythe number of operational hours.

2.2.2.7.5 Peak Load is defined as the load on the System whenprocessing transactions at rates that are considerablyabove the Normal Load as shown in the followingtable.

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Activity Annual Normal Load

Peak Load

Per Hour

Per Hour

OPAC Searches 15,000,000

2,600 5,200

Circulation Charges& Renewals 3,200,000 500

1,100

Acquisitions

Orders Placed 177,000 75125

Payments 254,000110 180

Serials Check-in 535,000215 300

Bib Updates/adds 1,500,000

500 4,000

2.2.2.7.6 The test may be performed for normal and/or peakload conditions. The transaction load on the systemmay be achieved by actual library activities orscripting transactions at a rate to simulate either loadlevel.

2.2.2.7.7 The SUS will provide PC operators and peopleacting as data recorders. The operators shall perform

the PC client functions and tally the number oftransactions completed. The recorders will clockand record the response times for each transaction atselected terminals.

2.2.2.7.8 Each test shall last for at least 30 minutes. No testshall be deemed valid unless a minimum of 50timings were performed at the selected terminals foreach type of transaction.

2.2.2.7.9 Both Vendors and the SUS may provide inspectorsto verify the accuracy of the activities of theoperators and the recorders.

2.2.2.7.10 Prior to the commencement of the test, Vendor shallprovide, with the assistance of FCLA and SUSlibrary personnel, such training as shall be necessaryfor the terminal operators and the recorders toperform the activities herein described.

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2.2.2.7.11 Response time shall be the interval of time betweenthe moment when the operator at a terminalcompletes the input of a command or data bypushing the return key or by completing a label

scan, as applicable, and the commencement ofmeaningful response from the terminal indicatingeither the result of the transaction or the readiness ofthe terminal to accept further data or the nexttransaction.

2.2.2.7.12 All records and logs made during the test shall beavailable for inspection by representatives ofVendors and the SUS during and after the test.

2.2.2.7.13 Transactions with multiple steps shall includetimings for each step. The average response time iscomputed by summing the response times for allsteps for a given type of transaction and dividing thetotal by the number of timings.

The Response Time Test shall be successful if:

2.2.2.7.14 The stated transaction throughput is achieved, and

2.2.2.7.15 All transactions complete successfully, e.g., no hungwork sessions, and

2.2.2.7.16 The normal and peak response time averages foreach function do not exceed those stated in Section2.2.2.2, Response Time.

2.2.2.7.17 Vendors shall bear its own expenses for theperformance of a warranty Response Time Test ifthe test is unsuccessful. In the event the SUSrequests a Response Time Test and the test passes,the SUS shall pay Vendor's expenses.

2.2.2.8 Response Time Test Acceptance and Remedies

The Response Time Test will be successfully completed and

the SUS obligated to pay invoices when:

2.2.2.8.1 Response time is within the parameters of NormalLoad and Peak Load as stated in Section 2.2.2.2,Response Time.

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In the event that the response times do not fall within theguaranteed parameters, and Vendor has not responded with aformulated plan for problem resolution within 24 hours of

notification of the end of the test period, the SUS may at itsoption:

2.2.2.8.2 Grant Vendor further time to resolve the problem, or

2.2.2.8.3 Set up a conference call within two working dayswith the FCLA Director or his/her designee,Vendors Team Leader for the SUS system, and theVendors Vice President for Customer Services, todiscuss a remedy for the problem, and

2.2.2.8.4 If the problem is still not resolved three days fromthe conference call in Step 2 above, set up aconference call between the President of Vendor, theFCLA Director or his/her designee, and the FCLAProject Manager and begin accruing maintenancecredits of 1/30 of the monthly charge for each daythe problem is not resolved, or

2.2.2.8.5 If the issue is not being resolved after one week fromthe call in Step 3 above the SUS, via FCLA, mayrequire a visit from Vendor to directly address the

problem, at the Vendors expense, or

2.2.2.8.6 Accept the solution as is and upon negotiatingsatisfactory terms, including a reduction in amountdue, pay the appropriate invoices.

2.2.2.8.7 These remedies shall be non-exclusive remedies inthe event Vendor is unable to pass any ResponseTime Test within 90 days of commencing the test,and the SUS may have additional remedies underlaw.

2.2.3 Implementation Plan

An implementation plan (IP) for the project must bedeveloped by the Contractor and be approved by FCLA prior tothe installation of any Equipment or performance of services

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under the Agreement. The IP, upon written approval of bothparties, shall be incorporated into the Agreement and made apart thereof. The IP must include, but is not limited to, thefollowing items:

identification of all required tasks,

a timeline of all required tasks,

an indication of which party is responsible forcompletion of each task (FCLA, the UniversityLibrary, Contractor, or a combination of parties),

expected start and completion dates of each task,

a site preparation requirements checklist,

a software installation requirements checklist,

a training requirements checklist,

training courses and course outlines, and

a description of post-implementation services.

Written approval of both parties shall be required for changes toan IP following initial approval and such changes will beincorporated herein.

2.2.4 Contract Duration and Renewal Option

The initial term of the contract will be eight (8) years.The SUS shall have the option to renew for an additional eight(8)-year term at the approval of the University of Florida. See

also Sections 2.2.8, 2.2.9, and 2.2.12 for specific conditionsregarding cancellation. The renewals shall be contingent uponsatisfactory performance evaluations by the University andsubject to the availability of funds.

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2.2.5 Escrow of Essential Software

Within thirty (30) days following the execution of the contract,the vendor must either:

(a) provide the source version of all software and allassociated manuals to the SUS,or

(b) establish and place in escrow, at a bonded escrowdepository, a complete copy of the current sourceversion of all software and all associated manuals,proprietary or otherwise, which are essential tosupport the system provided by this agreement. TheSUS shall be a party to the escrow agreement andsuch escrow agreement shall be subject to theapproval of all parties. The escrow agreement shall

authorize the escrow agent to release the source codeto SUS in the event a petition in bankruptcy is filedby or against the vendor, if for any reason (exceptfor material breach by the SUS) the vendorterminates the Agreement, or if for any reason theSUS determines that the vendor is no longersupporting the system in a manner that conforms tothe contracted system. The vendor shall pay allcosts of providing and maintaining the source codein escrow, including the fees of the escrow agent.The SUS may at any time during the term of this

contract have access to and review depositedsoftware and associated manuals. The review mayinclude taking a copy of the source code to aninstitution and having it compiled by a vendoremployee to verify that the escrowed software iscomplete and identical to that installed at FCLA.The vendor shall replace the deposited software andrelated documentation with an updated version atleast once every six (6) months or upon the vendor'sdistribution of new release software to its customers.

2.2.6 Assignment

Neither this agreement nor any duties or obligationsunder this agreement may be assigned by vendor without theprior written consent of University.

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2.2.7 Availability of Funds

The State of Florida's performance and obligation to pay

under the contract awarded pursuant to this ITN is contingentupon an annual appropriation by the Legislature of the State ofFlorida.

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2.2.8 Cancellation

The Director of University Purchasing, by writtennotice, may terminate in whole or in part any purchase order

resulting from this Invitation to Negotiate, when such action isin the best interest of the University. If the purchase order isterminated, the University shall be liable only for payment ofservices rendered prior to the effective date of the termination.Services rendered will be interpreted to include the cost of itemsalready delivered, plus the reasonable cost of supply actionshort of delivery.

2.2.9 Right to Terminate

In the event that any of the provisions of a contractresulting from the award are violated by the successful vendor,the University may serve written notice upon such vendor of itsintention to terminate the contract. Such notice is to state thereason(s) for such intention to terminate the contract, and unlesswithin ten (10) days after serving such notice upon the vendor,such violation shall cease and satisfactory arrangements forcorrection are made, the contract shall, upon expiration of saidten (10) days, cease and terminate, but the liability of suchvendor and his surety for any and all such violations(s) shall notbe affected by any such termination.

2.2.10 Maintenance and Instruction Manuals

The successful vendor shall provide a complete set ofuser and system manuals covering all operations and functionsin machine-readable form to be loaded onto a secure server andmade available online to authorized users only.

2.2.11 Prison Rehabilitative Industries

It is expressly understood and agreed that any articleswhich are the subject of, or required to carry out this contractshall be purchased from Pride of Florida in the same mannerand under the procedures set forth in Section 946.5l5 (2), (4),Florida Statutes; and for purposes of this contract the person,firm or other business entity carrying out the provisions of thiscontract shall be deemed to be substituted for this agency

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insofar as dealings with such corporation. Contact, TerrieBrooks, Bid Administrator, PRIDE of Florida, 2720 Blair StoneRD, Suite G, Tallahassee, FL 32301

2.2.12 Notice to Contractor

The University shall consider the employment by anycontractor of unauthorized aliens a violation of section 274A(e)of the Immigration and Nationality Act. Such violation shall because for unilateral cancellation of this contract.

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2.2.13 Notice to Contractors of Asbestos ContainingMaterials in University Buildings

Asbestos containing materials (ACM) can be found inalmost any building in the United States more than 10 years old.

The University of Florida is no exception. The types ofasbestos most commonly found are pipe and boiler insulation,fireproofing, hard panels known as "Transite", floor tile, andspray or trowel-applied ceiling finishes. ACM is generally nothazardous if left undisturbed.

The University has implemented an AsbestosProgram to assure safe management and removal ofACM. Contractors, consultants, and other vendorsproviding service to the University may encounterACM and must, therefore, comply with the followinginstructions:

A. Avoid disturbing suspected ACM. Exercisecaution and watch for possible ACM.

B. If it is necessary to disturb ACM, first notify the appropriateDivision Asbestos Representative listed in this notice, or theUniversity of Florida Asbestos Coordinator, before proceedingwith your work. You shall take whatever precautions arenecessary to protect humans' health and the environment, andcomply with all applicable Federal, State, and Local lawspertaining to asbestos.

C. If you require additional information on possible locations ofACM in a particular building, contact the AsbestosRepresentative from the Division for which you are working.

Division Asbestos RepresentativeTelephone

Physical Plant Asso. Dir. Physical Plant(352) 392-7793

Health Center Dir. Health Ctr Physical Plant(352) 392-4417

Housing Maintenance Superintendent(352) 392-2161

Reitz Union Maintenance Superintendent(352) 392-1614IFAS Engineer

(352) 392-6488

2.2.14 Award

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Award will be made on an "All-or-None Offer TotalOffer" basis. Any contract awarded pursuant to this ITN will beawarded to a single proposer or to none at all.

2.2.15 Data Format Documentation

The vendor will provide the data formats required for theSUS, if it so chooses, to convert its own data to the new systemformats.

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2.2.16 Services Upon Termination

Upon termination of the contract by the SUS, or uponconclusion of the contract term, the vendor shall be obligated

within fifteen (15) days of notification of the SUSs intention toterminate, to assist the SUS in extracting all Library-owned datafrom the system acquired by the SUS. Such assistance shallinclude personnel time and the vendors best efforts, provisionof documentation regarding the format and contents of theextracted data, verification that extracted data is complete andin a form suitable for use by the SUS, and other assistancenecessary for the extraction of data.

The data shall include all the contents of all files created,maintained, and owned by the SUS, including all bibliographicdata, holdings data, patron data, in-process transaction dataassociated with circulation control, cataloging, acquisitions,serials control, electronic journal holdings and links, softwarescripts, network management tools, Z39.50 attribute sets, andany other activity or module in use by the SUS. Whereverstandards such as MARC exist for the format of that data,vendor will furnish such data in that standard format.Appropriate documentation shall be provided.

2.2.17 Software Upgrades

Product upgrades will be included as part of annualmaintenance fee.

2.2.18 Ownership of Data

The SUS represents that it has ownership of the variousdatabases to be converted and installed by the Contractor, andContractor acknowledges the SUSs ownership. Contractor willmake no use of the databases, in part or in whole, without priorspecific permission by the SUS.

2.2.19 Re-Licensing of Software.

The SUS may wish in the future to replace or upgradethe Equipment on which the Software is operated, to enhance itsutility for the SUS. In the event the SUS replaces or upgrades

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its computer equipment, it shall be liable for no additionalsoftware licensing expenses for software covered by thiscontract.

The Contractor may not charge the SUS for any of thefollowing: licensing fees, port fees, user fees, operating systemfees, database management fees, or any additional costs, exceptas they relate to the SUSs use of additional software capacities.These may include additional vendor or 3rd party user licenses,new software modules, or new services from the Contractor.The Contractor agrees that no costs for re-licensing will accruefor licenses already purchased and paid for by the SUS, andtransferred to new Equipment.

2.2.20 Intellectual Property Indemnification.

Contractor shall, at its expense, defend, indemnify, andhold harmless the University, the Board of Regents of the Stateof Florida, and the SUS (collectively, the Indemnitees) fromany claim or action against the Indemnitees to the extent suchclaim or action is based on claim that the Indemnitees use ofthe system or any part thereof designed or developed under thiscontract by the Contractor, infringes a patent, copyright, orother proprietary right or misappropriates a trade secret, andContractor shall pay the damages and costs (includingattorneys fees) in respect of such claim, provided that

Contractor is promptly given notice in writing of such claim.Contractor shall control the defense in any such action withcounsel reasonably satisfactory to the Indemnitees. TheIndemnitees shall, at Contractors expense, cooperate withContractor in any such defense and shall make available toContractor persons, documents, and things reasonably requestedby Contractor in the defense of any such action.

Notwithstanding the foregoing, the Indemnitees shallhave the right to participate in the defense of any such actionand employ its own counsel in connection therewith, but the

fees and expenses of such counsel shall be at the expense of theIndemnitees unless: (a) the employment of such counsel shallhave been authorized in writing by Contractor in connectionwith the defense of such action; (b) Contractor shall not haveemployed counsel to take charge of the defense of such actionwithin a reasonable time after commencement of the action; or(c) the Indemnitees shall have reasonably concluded that there

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may be defenses available to it which are different from oradditional to those available to Contractor (in which caseContractor shall not have the right to direct the defense of suchaction on behalf of the Indemnitees), in any of which events

such fees and expenses shall be borne by Contractor.

In case the system, or any part thereof, are in such actionheld to constitute an infringement or misappropriation, or theuse thereof is enjoined or restricted, Contractor shall, at its ownexpense and in the following order of priorities: procure for theIndemnitees the right to continue using the system; modify thesystem to operate in accordance with or comply with thespecifications and to not violate any intellectual property rights;or retrieve the system upon receipt of notice from theIndemnitees and refund amounts paid by the Indemnitees.

2.2.21 Standard of Services

Contractor agrees to perform its services with thatstandard of care, skill and diligence normally provided by aprofessional organization in the performance of similar services.It is understood that the Contractor must perform the servicesbased in part on information furnished by the Indemnitees andthat Contractor shall be entitled to rely on such information.However, Contractor is given notice that the Indemnitees will berelying on the accuracy, competence and completeness of

Contractors services in utilizing the results of such services.

Contractor warrants that the recommendations, guidanceand performance of any person assigned under this Agreementshall be in accordance with sound technical practice andprofessional standards and the requirements of this Agreement.

2.2.22 Liquidated Damages

The successful vendor agrees to negotiate in good faith

with the University a liquidated Damages provision which willspecify an amount to be payable or credited to the University ifVendor fails to comply with the implementation schedule whichis mutually agreed to in the contract award.

2.2.23 Configuration Warranty

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The successful vendor warrants that the equipment,software, and services specified in the vendors proposal inresponse to this ITN, including vendor recommended third partyproducts, include all items, components, quantities, services,

etc. necessary to provide University with the functional andperformance capability required by the ITN unless otherwisestated in the vendors proposal. Should additional items berequired in order to meet the performance standards included inthe ITN and vendors response, the vendor shall provide toUniversity at no additional cost.

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proposals must be for that version. If vendors wish to submitproposals for more than one product or mix of products,completely separate proposals must be submitted in theirentirety. If it is determined during the evaluation process that a

single proposal includes responses pertaining to differentversions of the same software product or different products, theproposal will be judged non-responsive and will not beconsidered. For purposes of determining whether more thanone proposal is required, upgrades of a version will not beconsidered a separate product.

In Section 1 (Introduction) vendors must indicate that they haveread and understand the information provided.

In Section 2 (Administrative Information) and Section 3

(Evaluation) vendors are required to follow all instructions asindicated and to respond to all information as requested. Vendorsmust list each section number, state that they understand andcomply, and provide all requested information.

Section 4 (Mandatory Specifications) focuses on the minimumsystem capabilities required by the SUS.

In Sections 4.1 4.3 vendors are required to

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