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PACE BOOKSTORES RFP- 10/22/14 1

MASSACHUSETTS PACE

(Partnership To Advance Collaboration And Efficiency) REQUEST FOR PROPOSAL

FOR MANAGEMENT OF THE

PACE BOOKSTORES RFP ISSUE DATE: October 22, 2014 PROPOSAL DUE DATE: January 5, 2015 ISSUED BY: Ms. Betty Ann Learned Assistant Executive Director Partnership To Advance Collaboration And Efficiency (PACE) Massachusetts Community Colleges And State Universities Executive Offices 85 Devonshire Street 7th Floor Boston, MA 02109 Proposals received by 4:00 p.m. (Eastern Standard Time) Monday, January 5, 2015 will be considered. One (1) original, twelve (12) copies, and an electronic version (via USB flash drive) of the Proposal should be delivered to: Ms. Betty Ann Learned Assistant Executive Director Partnership To Advance Collaboration And Efficiency (PACE) Massachusetts Community Colleges And State Universities Executive Offices 85 Devonshire Street 7th Floor Boston, MA 02109


TABLE OF CONTENTS

PAGE

SECTION 1: Instructions & Timeline ................................................................................. 3

SECTION 2: Introduction .................................................................................................... 7

SECTION 3: Colleges/Universities Background Information ............................................. 9

SECTION 4: Background Information- Bookstores .......................................................... 11

SECTION 5: Program Requirements- Bookstores ............................................................. 14

SECTION 6: Proposal Submittal Requirements ................................................................ 27

SECTION 7: Inventory Purchase & Equipment Use ......................................................... 35

SECTION 8: Contract Terms & Conditions ....................................................................... 37

ATTACHMENTS: .................................................................................................................... 40

• Commonwealth Terms And Conditions (Attachment A) • Customized Bookstore RFP Services (Attachment B) • Bookstore Department Sales (Attachment C) • Financial Bid Form (Attachment D)

NOTE: To simplify the review process for the PACE Administration and PACE Steering Committee and to assist in making valid comparisons between the Proposals, the format for all Proposals must be consistent with the format outlined in Section 6, “Proposal Submittal Requirements.” In addition, the Financial Bid Form (Attachment D) must be completed and signed by an authorized company representative.


SECTION 1: INSTRUCTIONS & TIMELINE 1.1 General Information

a. Partnership To Advance Collaboration And Efficiency (PACE) invites your

company to submit a Proposal for Management of the PACE Bookstores for a term of five (5) years, beginning July 1, 2015. The PACE Bookstores, as defined in this RFP, include the Bookstores at the following institutions:

INSTITUTION

CURRENT FORM OF BOOKSTORE MANAGEMENT

Bridgewater State University Contracted Fitchburg State University Contracted Framingham State University Contracted MassBay Community College * Contracted Massachusetts College of Art and Design Contracted Massachusetts College of Liberal Arts Contracted Massachusetts Maritime Academy Contracted Quinsigamond Community College Self-Operated Salem State University Contracted Worcester State University Contracted

* (Note: MassBay Community College includes the Wellesley Hills and

Framingham campuses.) b. Your company’s Proposal must remain in effect for a minimum period of one

hundred and twenty (120) days following the RFP opening date in order to allow for sufficient time for evaluation, approval, and issuance of award notice. The successful contractor’s offer will remain firm for the duration of any resulting award and extensions.

c. PACE reserves the right to reject any or all Proposals and to request any additional

information it deems necessary to supplement the Proposals and/or to reach agreement.

d. By submitting a Proposal, your company acknowledges complete understanding of

and willingness to comply with all of the instructions, conditions, specifications, and requirements contained in this Request For Proposals (RFP) and outlined in the “Commonwealth Terms And Conditions,” Attachment A.

e. By submitting your Proposal, your company acknowledges that the Commonwealth

Of Massachusetts Standard Contract Form shall be signed in the event your firm is selected as a result of the RFP. An electronic copy of this form is available at www.mass.gov/osc under Guidance For Vendors - Forms or www.mass.gov/osd under OSD Forms.

f. By submitting a Proposal, your company agrees that neither you or any other agent

or representative of your company will initiate any communications to promote or advertise your Proposal to any staff or faculty of the institutions, or to any institution’s Board of Trustees, except in the course of PACE sponsored inquiries, briefings, interviews, or presentations.


g. When this document is signed and submitted, this Proposal constitutes an offer to perform in accordance with the terms and specifications as stipulated herein.

1.2 Timeline

The timeline of key dates is as follows:

RFP Issue Date Wednesday, October 22, 2014 Contact Ms. Betty Ann Learned to Confirm Receipt of the RFP and to confirm attendance at the Mandatory Bidders Conference

No Later Than Monday, October 27, 2014

Mandatory Bidders Conference Monday, November 3, 2014 Mandatory Campus Visits To Be Scheduled Between November

11 and November 18, 2014 Bidders Written Questions Due Monday, November 17, 2014 PACE Issues Responses to Written Questions

Monday, November 24, 2014

Proposals Due Monday, January 5, 2015 Review of Proposals by PACE January 2015 Presentations by Contractors February 2015 (TBD) Award Date March 1, 2015 Contract Commencement Wednesday, July 1, 2015

PACE reserves the right to revise the Timeline at its sole discretion.

1.3 Mandatory Bidders Conference

a. The Mandatory Bidders Conference will take place on Monday, November 3, 2014 at 10:00 a.m. EST, Meeting Room G01, Hammond Hall, 160 North Street, at Fitchburg State University.

b. Contractors should confirm receipt of the RFP and attendance at the

Mandatory Bidders Conference on Monday, November 3, 2014 by contacting Ms. Betty Ann Learned, Assistant Executive Director, PACE, no later than Monday, October 27, 2014. Attendance at the Mandatory Bidders Conference, including the names of company representatives who will attend, must be confirmed via e-mail with Ms. Learned. Contact information is as follows:

Ms. Betty Ann Learned Assistant Executive Director Partnership To Advance Collaboration And Efficiency (PACE) Massachusetts Community Colleges And State Universities Executive Offices 85 Devonshire Street 7th Floor Boston, MA 02109 e-mail: [email protected] telephone: 617-542-2911 fax: 617-542-2904


1.4 Mandatory Campus Visits

a. The Mandatory Campus Visits will take place between November 11 and November 18, 2014. The schedule for the Mandatory Campus Visits will be distributed at the Mandatory Bidders Conference on November 3, 2014. The individual(s) at each institution who will conduct the Mandatory Campus Visits are as follows:

INSTITUTION

Contact Person E-Mail Telephone

Bridgewater State Univ. Miguell Gomes [email protected] 508-531-1207 Fitchburg State Univ. Jay Bry [email protected] 978-665-3102 Framingham State Univ. Dale Hamel [email protected] 508-626-4580 MassBay CC Wellesley Hills and Framingham

Kathleen Kirleis [email protected] 781-239-3193

MassArt Jim McDaid [email protected] 617-879-7960 Mass Coll. of Lib. Arts James Stakenas [email protected] 413-662-5245 Mass Maritime Academy Rose Marie Cass [email protected] 508-830-6441 Quinsigamond CC Stephen Marini [email protected] 508-854-4272 Salem State University Evelyn Wilson [email protected] 978-542-6152 Worcester State Univ. Kathy Eichelroth [email protected] 508-929-8098

1.5 Questions And Requests For Additional Information

a. Questions regarding clarification to the contents of the RFP will be accepted, in writing, from the time of RFP receipt by prospective contractors until 2:00 p.m. (Eastern Standard Time) Monday, November 17, 2014.

b. All inquiries MUST be made in writing via e-mail to Ms. Betty Ann Learned,

Assistant Executive Director, PACE, at [email protected]. c. One hundred percent (100%) of the communication from contractors during this

entire RFP process must be solely with Ms. Betty Ann Learned, or her designee.

1.6 Proposal Receipt

a. Proposals received by 4:00 p.m. (Eastern Standard Time) Monday, January 5, 2015 will be considered. Faxed Proposals and Proposals received after the due date will not be considered. All Proposals must be in writing and must be executed by an authorized officer of the prospective contractor. One (1) original, twelve (12) copies, and an electronic version (via USB flash drive) of the Proposal should be delivered to:

Ms. Betty Ann Learned Assistant Executive Director Partnership To Advance Collaboration And Efficiency (PACE) Massachusetts Community Colleges And State Universities Executive Offices 85 Devonshire Street 7th Floor Boston, MA 02109 e-mail: [email protected]


telephone: 617-542-2911 fax: 617-542-2904 b. PACE reserves the right to select one or none of the Proposals submitted.

1.7 Presentations

a. After review of the Proposals, qualified prospective contractors may be invited to make oral presentations of up to ninety (90) minutes in length during February 2015 (date TBD).


SECTION 2: INTRODUCTION 2.1 Invitation PACE recognizes that the traditional college/university bookstore business is in a transformational period, and it is the intent of the participating colleges and universities to be on the cutting edge of campus retail services. Therefore, PACE is seeking a creative and proactive partner to guide the institutions through a transition from traditional college/university bookstores to state-of-the-art Campus Shops. Overall goals are as follows:

• Improve textbook/course materials affordability for students • Lead the transformation from traditional textbooks to digital course materials • Improve customer satisfaction • Maximize the financial contribution to participating institutions, while

achieving the qualitative and service goals of this RFP Elements of customer-centric, state-of-the art Campus Shops should include, but not be limited to, the following:

• Creating customer-centric innovative retail environments. • Supporting the academic mission of each institution by providing efficient and

effective textbook/course materials services to students and faculty. • Creating and implementing effective strategies to reduce the cost of

textbooks/course materials to Students by offering a comprehensive textbook rental program, a strong used textbook program, an innovative digital textbook/course materials program, access to OER course materials, and by utilizing emerging technologies.

• Leading the transformation from traditional textbooks to digital course materials. • Developing a proactive textbook/course materials strategy that will allow the

Campus Shops to compete effectively in the challenging college/university bookstore environment.

• Communicating and coordinating effectively and proactively with faculty regarding the use of all types of course materials.

• Providing easy access and multiple distribution channels for textbooks/course materials.

• Introducing new products and services that meet the evolving needs of customers, including Students, Faculty/Staff, alumni, fans, and visitors.

• Developing a comprehensive e-commerce strategy and social media engagement strategy.

• Providing excellent customer service, including minimizing transaction times and wait times for in-store and e-commerce transactions, and ensuring efficient processing of all transactions.

• Supporting the academic mission of each institution by providing a general book department that supports faculty and alumni authors, speakers, lecturers, and other campus academic and intellectual events.

• Developing a comprehensive marketing and promotional strategy that will assist with advancing each institution’s brand.

• Assisting with promoting and branding each institution by offering a broad selection of emblematic clothing and gifts.


• Providing exceptional value to customers by offering high quality products and services at fair prices and multiple price points.

2.2 Current Bookstore Operations The following Bookstores are currently contracted (i.e., managed and operated by a

contract management firm).

• Bridgewater State University • Fitchburg State University • Framingham State University • MassBay Community College • Massachusetts College of Art and Design (Note: Also provides textbook/course

materials services to Massachusetts College of Pharmacy and Health Sciences) • Massachusetts College of Liberal Arts • Massachusetts Maritime Academy • Salem State University • Worcester State University

The following Bookstore is currently self-operated (i.e., managed and operated by the

College).

• Quinsigamond Community College The Bookstores generated $22,314,426 in sales during Fiscal 2014. (Note: Throughout this RFP, the Bookstores at each institution are referred to,

collectively, as the “Bookstores.”) 2.3 Proposal Evaluation Criteria and Weighting The criteria and weighting that will be used by the PACE Steering Committee to evaluate

Proposals are as follows: • Qualifications and Experience Weighting- 10% • Ability to Perform, Approach, and Transition Plan, including but not limited to, the

following: - Improve textbook/course materials affordability for students - Lead the transformation from traditional textbooks to digital course materials - Improve customer satisfaction

Weighting- 45% • References Weighting- 5% • Thoroughness of Proposal Weighting- 5% • Total Financial Return (including Commission, Minimum Annual Guarantee,

Signing Bonus, Textbook Scholarships, Facility Investment, etc.) Weighting- 35%


SECTION 3: COLLEGE / UNIVERSITY BACKGROUND INFORMATION 3.1 Background Information regarding each institution can be found online at the following Web sites:

INSTITUTION

Web Site

Bridgewater State University www.bridgew.edu Fitchburg State University www.fitchburgstate.edu Framingham State University www.framingham.edu MassBay Community College www.massbay.edu Mass College of Art & Design www.massart.edu Mass College of Liberal Arts www.mcla.edu Mass Maritime Academy www.maritime.edu Quinsigamond Community College www.qcc.edu Salem State University www.salemstate.edu Worcester State University www.worcester.edu

3.2 Enrollment

FTE Enrollment figures for the past five fall semesters are as follows:

FALL FTE ENROLLMENT INSTITUTION FALL '09 FALL '10 FALL '11 FALL '12 FALL '13 Bridgewater State Univ. 8,539 8,912 9,067 9,200 9,230 Fitchburg State Univ. 4,628 4,503 4,476 4,368 5,137 Framingham State Univ. 4,213 4,288 4,710 4,909 5,593 MassBay CC 3,400 3,520 3,309 3,323 3,273 MassArt / MCPHS 5,030 5,339 5,671 6,001 6,324 Mass Coll. of Lib. Arts 1,684 1,715 1,618 1,601 1,739 Mass Maritime Academy 1,320 1,367 1,445 1,517 1,653 Quinsigamond CC 5,689 5,841 5,913 5,877 5,251 Salem State University 7,533 7,568 7,376 7,269 8,097 Worcester State Univ. 4,121 4,350 4,691 4,770 5,316


3.3 Learning Management System Learning Management Systems used at each institution are as follows:

INSTITUTION

Learning Management System

Bridgewater State University Blackboard Fitchburg State University Blackboard Framingham State University Blackboard MassBay Community College Blackboard Mass College of Art & Design Ellucian (Formerly Datatel) Mass College of Liberal Arts Canvas Mass Maritime Academy Blackboard Quinsigamond Community College Blackboard Salem State University Canvas Worcester State University Blackboard

3.4 Student Information System Student Information Systems used at each institution are as follows:

INSTITUTION

Student Information System

Bridgewater State University Banner Fitchburg State University Banner/Ellucian Framingham State University Banner MassBay Community College PeopleSoft Mass College of Art & Design Ellucian (Formerly Datatel) Mass College of Liberal Arts Banner Mass Maritime Academy Ellucian (Formerly Datatel) Quinsigamond Community College Jenzabar Salem State University PeopleSoft Worcester State University Colleague

3.5 One-Card / Campus Card Program Information Information regarding the One-Card/Campus Card at each institution is as follows:

INSTITUTION

Student Information System

Bridgewater State University Blackboard Transact Fitchburg State University Blackboard Transact Framingham State University Sodexo Managed One-Card Program MassBay Community College N/A Mass College of Art & Design Fenway Cash (Colleges of the Fenway Collaborat.) Mass College of Liberal Arts Customized Debit Card Program that allows students

an advance on their financial aid for textbook purchases

Mass Maritime Academy N/A Quinsigamond Community College N/A Salem State University CBord Group, Odyssey PCS Worcester State University Blackboard Transaction System with CCURE


SECTION 4: BACKGROUND INFORMATION- BOOKSTORES 4.1 Facilities / Locations The Bookstores square footage breakdown by location including selling, office, and

storage space is as follows:

SELLING SPACE

OFFICE SPACE

STORAGE SPACE

TOTAL SQUARE

FOOTAGE Bridgewater State University 6,040 200 470 6,710 Fitchburg State University 3,446 164 881 4,491 Framingham State University 3,428 194 705 4,327 MassBay CC- Wellesley Hills 1,803 89 224 2,116 MassBay CC- Framingham * 669 - - 669 Mass College of Art & Design 3,974 - 2,430 6,404 Mass College of Liberal Arts 1,869 74 120 2,063 Mass Maritime Academy ** 3,650 115 760 4,525 Quinsigamond CC 2,555 189 480 3,224 Salem State University 6,399 336 1,483 7,882 Worcester State University 3,700 - - 3,700 * MassBay CC- Framingham plans to open a new campus during Fall ’18 or Spring ’19 ** New Bookstore Facility

4.2 Products And Services

The Bookstores currently feature products and services that include, but are not limited to, textbooks/course materials, emblematic clothing and gifts, non-emblematic clothing and gifts, school and office supplies, art supplies, technology products, uniforms, medical supplies, health and beauty aids, greeting cards, convenience products, trade books, graduation merchandise, etc. In addition, the Bookstores offer a variety of customized services at each institution. See “Customized Bookstore RFP Services,” Attachment B for a summary of customized services offered at each Bookstore.

4.3 Hours Of Operation

Regular Hours Of Operation Mon. Tues. Wed. Thurs. Friday Sat. Bridgewater State 8:30-6 8:30-6 8:30-5 8:30-5 8:30-4 11-2 Fitchburg State 8:30-6 8:30-6 8:30-4:30 8:30-4:30 8:30-3 Framingham State 8-8 8-8 9-7 9-7 9-4 10-1 MassBay CC-Wellesley 7:45-6 7:45-6 7:45-4 7:45-4 7:45-2 MassBay CC-Framingham 9-6 9-6 8:30-4 8:30-4 8:30-

12

MassArt 8:30-6:30

8:30-6:30

8:30- 6:30

8:30- 6:30

8:30-5:30

11-3

Mass College of Lib. Arts 9-3 9-3 9-3 9-3 9-3 Mass Maritime Academy 9-3 9-3 9-3 9-3 9-3 Quinsigamond CC 8-4 8-4 8-4 8-4 8-3 Salem State University 8-7 8-7 8-7 8-7 8-4 Worcester State University 9-5 9-5 9-5 9-5 9-4


(Note: Hours of operation are extended as needed for Rush and special events. Extended hours of operation may include Saturdays and Sundays.)

4.4 Sales

Consolidated (All Bookstores) Consolidated sales figures for the past five fiscal years are as follows:

FY '10 FY '11 FY '12 FY '13 FY '14 TOTAL ($) $26,372,781 $24,409,861 $24,023,091 $23,502,771 $22,314,426

Sales figures for each Bookstore for the past five fiscal years are as follows:

INSTITUTION FY '10 FY '11 FY '12 FY '13 FY '14 Bridgewater State 4,390,173 3,875,120 3,873,017 3,770,478 3,477,016 Fitchburg State 2,121,352 1,953,709 1,773,434 1,725,620 1,659,063 Framingham State 1,950,586 1,812,402 1,884,705 1,803,508 1,790,597 MassBay CC 2,165,145 2,070,255 1,913,604 1,864,253 1,862,449 MassArt 2,098,961 1,857,574 1,874,767 1,939,179 1,791,769 Mass Col. of Lib. Arts 678,966 602,195 558,489 553,453 473,681 Mass Maritime 2,177,356 1,919,100 1,802,300 1,876,643 2,162,754 Quinsigamond CC 3,954,218 3,892,291 4,174,213 4,048,019 3,859,741 Salem State 4,348,935 4,058,410 3,871,671 3,779,593 3,319,097 Worcester State 2,487,089 2,368,805 2,296,891 2,142,025 1,918,259

See “Bookstore Department Sales,” Attachment C for a summary of department sales for each Bookstore.

4.5 Department Discounts The Bookstores (with the exception of Quinsigamond Community College) offer

departments a 20% discount on purchases of supplies over $1.00, excluding textbooks, sale merchandise, and academically discounted software.

Quinsigamond Community College offers departments a 10% discount on approved

purchases (excluding textbooks). 4.6 Faculty / Staff Discounts The Bookstores (with the exception of Quinsigamond Community College) offer faculty

and staff a 10% discount on all purchases over $1.00, including textbooks, but excluding sale merchandise and academically discounted software.

Quinsigamond Community College offers faculty and staff a 10% discount on

textbooks/course materials and general merchandise (excluding computer hardware).


4.7 Tender Types

The Bookstores accept cash, personal checks, major credit cards, bank debit cards, Campus Cards, financial aid charges, athletic scholarship charges, third-party agency charges (e.g., veteran’s vouchers, Mass. Rehab. vouchers), and gift cards.

4.8 General Book Events

The Bookstores support special events (lectures, readings, speakers, etc.) on campus by selling books at a variety of College and University events each year.

4.9 Graduation Regalia And Graduation Merchandise Several of the Bookstores provide graduation regalia services, and offer a selection of

graduation merchandise (e.g., diploma frames, announcements, etc.). See “Customized Bookstore RFP Services,” Attachment B, for additional information.

4.10 Licensing Program / Use Of Logo Standards The Bookstores are required to adhere to licensing program requirements/use of logo

standards at several of the Colleges and Universities. See “Customized Bookstore RFP Services,” Attachment B, for additional information.


SECTION 5: PROGRAM REQUIREMENTS- BOOKSTORES 5.1 Operations

a. Bookstore Names. The names of the Bookstores are to be determined by each institution. The contractor shall work cooperatively with the College or University to develop the most effective name for the Bookstore on each campus.

b. Contractor Duties/Responsibilities. The contractor shall operate the Bookstores on

its own credit and shall furnish at its own expense all merchandise, equipment, labor, supplies, and services required to perform its duties and responsibilities as required by the College or University.

c. Products And Services. The contractor shall provide the College or University

communities with a full range of course materials, new textbooks, used textbooks, digital textbooks, custom published materials, rental textbooks, general books, reference books, supplies, art supplies, dorm supplies, computer software, computer/technology products, medical supplies, uniforms, general merchandise, emblematic clothing, emblematic gifts, greeting cards, convenience items, health and beauty aids (HBA’s), special order services, graduation related merchandise, and other services expected from a full-service Bookstore. PACE strongly encourages Proposals that include any additional products or services that can be offered to enhance value to students and the College or University communities; generate traffic in the Bookstores; and assist with transitioning from a traditional college/university bookstore to a state-of-the-art Campus Shop/Bookstore.

The Bookstores offer a variety of customized services at each institution. The

contractor shall provide customized services to meet the needs of each institution as described in “Customized Bookstore RFP Services,” Attachment B of this RFP.

d. Right To Operate Bookstores. The contractor shall have the right to operate the

Bookstore at each institution. However, the College or University Administrations may authorize the sale of certain items by approved vendors, student groups, or by organizations of each institution.

e. College/University Authority Re: Product Offerings. The contractor shall withdraw

from display or sale, any item or items, which the College or University requests not be displayed or sold.

f. Locations/Programs. The contractor shall manage and operate the following

Bookstore locations and programs:

• Bridgewater State University, Bridgewater, MA • Fitchburg State University, Fitchburg, MA • Framingham State University, Framingham, MA • MassBay Community College- Wellesley Hills, MA • MassBay Community College- Framingham, MA


• Massachusetts College of Art and Design, Boston, MA (Note: Also provides textbook/course materials services to Massachusetts College of Pharmacy and Health Sciences)

• Massachusetts College of Liberal Arts, North Adams, MA • Massachusetts Maritime Academy, Buzzards Bay, MA • Salem State University, Salem, MA • Worcester State University, Worcester, MA • Quinsigamond Community College, Worcester, MA • Bookstore Websites at each institution

g. College And University Rights Re: Bookstore Locations. The College or University

has the right to add or remove Bookstore locations if the College or University deems such additions or removals are in the best interest of the institution. MassBay CC- Framingham plans to open a new campus during Fall ’18 or Spring ’19, which will include a new Bookstore facility.

h. Fixtures/Equipment For Special Events. The contractor shall, at its sole expense,

provide any necessary fixtures or equipment (e.g., cart, tent, POS terminal, etc.) to sell emblematic or general merchandise at designated special events on each campus to capitalize on sales opportunities.

i. Website/Social Media. The contractor shall manage and operate a full-service

Website, and social media program on each campus. j. Special Events. The Bookstores shall support special events (lectures, readings,

speakers, etc.) on campus by selling books at College or University events. k. Trash Removal/Recycling. The contractor shall participate in the College or

University’s recycling program. The contractor shall remove all trash and recyclable materials and place them in the proper recycling containers as designated on each campus.

l. Environmental/Sustainability Practices. The contractor shall utilize environmentally

friendly practices in its operation of the Bookstores and shall abide by all College or University environmental/sustainability practices.

m. Reporting Requirement. The contractor shall report to a designee from each

institution for matters pertaining to the Bookstores. The contractor’s Regional Manager will meet with the designees on a quarterly basis, at a minimum, to review performance. See RFP Section 1.4 for the institutions current contact list.

n. Licensing, Permits, Taxes. The contractor shall, at its sole expense, procure and

keep in effect all necessary permits and licenses required for its performance under this Agreement, and shall post or display in a prominent place such permits and/or notices as are required by law. The contractor shall pay for any and all taxes and assessments attributable to the operation of the Bookstores provided herein, including, but not limited to, sales taxes, excise taxes, payroll taxes, and federal, state, and local income taxes.


5.2 Customer Service

a. Customer Service Expectations. The contractor shall provide excellent customer service at the Bookstores.

b. Image Of The Bookstores. The contractor shall operate the Bookstores in a manner

that reflects the image and reputation of the College or University and supports the mission of the College or University. The contractor shall become involved in the academic, cultural, and social environment at each institution, taking advantage of opportunities to offer special merchandising, marketing, and/or assistance based upon the ongoing and unique activities of each institution, and, where and when appropriate, creating temporary selling points at various sites around the campuses in connection with special events and programs.

c. Support Of Student Organizations. The contractor shall cooperate to whatever

reasonable extent possible in order to assist and be supportive to student organizations and student activities of each institution with respect to Bookstore services and merchandise.

d. Customer Feedback. The contractor shall seek customer feedback on a regular basis

through methods that include, but are not limited to, customer surveys, student focus groups, customer comment cards, secret shopper programs, etc. Customer feedback results shall be shared with the College or University Administrations on each campus for evaluation and input. Individual campuses shall reserve the right to seek additional customer feedback by whatever method they deem appropriate for their purposes.

e. Hours Of Operation. Hours of operation shall be defined by each College or

University in conjunction with the contractor. Hours of operation shall be extended during the beginning of each semester and to support special programs and events as necessary (e.g., Open Houses, Parent’s Weekend, Orientation, Alumni Weekend, etc.). Changes to the defined hours of operation must be approved by the College or University. During all hours of operation, including peak business hours and extended hours of operation, the contractor shall staff the Bookstores adequately to provide the level of service required by the College or University.

f. Bookstore Advisory Boards. The contractor’s Bookstore Managers shall meet four

times per year with the Bookstore Advisory Boards on each campus and with College or University officials to review Bookstore operations and merchandise selection. The contractor’s Regional Managers shall attend at least one Bookstore Advisory Board meeting per semester. Further, the contractor’s Bookstore Managers shall work cooperatively with the Boards, and with College or University officials in the development and improvement of the Bookstores programs, merchandise selection, services, and policies. The contractor shall make every reasonable effort to comply with requests from the Boards and from College or University officials to improve the program, services, and policies. The Bookstore Managers or his/her designees are also expected to meet periodically with deans, department heads, and other faculty members.

g. Refund Policy. The contractor’s refund policy must be sensitive to the needs of

students and customers at each institution.


5.3 Staffing / Personnel

a. Staffing. The contractor shall be responsible, at its sole cost and expense, to employ all personnel necessary for the efficient operation of full-service Bookstores in accordance with the requirements established by each College or University.

b. Organization Chart/Staffing Level. The contractor shall present its organization

chart/staffing level to each institutions designee for discussion and approval to ensure there will be sufficient on-site staff to provide the required level of service. Changes or reductions to the agreed-upon staffing level shall require discussion with, and approval by, the College or University.

c. Managers. The Managers assigned to the Bookstores by the contractor must be

approved in advance by the College or University Administration. Subsequent changes in assignments will be made by the contractor only after prior consultation with, and approval by, the College or University. Each College or University expects management continuity (i.e., limited turnover of the Managers) in order for the contractor to meet the expectations and requirements of the College or University.

d. Student Employees. The contractor shall look to fill employment opportunities with

students at each institution, when appropriate. e. Employee Conduct. The contractor shall be responsible for the actions of its

employees, agents, and independent contractors hereunder and for the payment of all taxes, wages, benefits and other costs associated with such persons. While on each institutions premises, all employees, agents, and independent contractors of the contractor shall comply with all applicable College or University policies and procedures. The contractor shall be required to remove any such employee, agent, or independent contractor from the College or University at the College or University’s request.

f. ADA. The contractor shall comply with the Americans with Disabilities Act

(ADA). g. Employment Laws. The contractor shall comply with all state and federal

employment requirements. h. Background Checks. The contractor shall annually conduct criminal and sex

offender background checks from a national database for all of the contractor’s employees, agents, or independent contractors assigned to work at a Community College or State University. The contractor shall provide each Community College or State University all background check information for all contractor employees, agents, or independent contractors assigned to work at their institution. The contractor shall be required to remove any employee, agent, or independent contractor from a Community College or State University should the College or University determine, at its sole discretion, that removal is warranted based on the results of the background check. The contractor assumes all liability arising out of, and is solely responsible for, the acts and/or omissions of the contractor’s employees, agents, or independent contractors.


i. Pacheco Law- Quinsigamond Community College Bookstore Employees. The contractor shall comply the Pacheco Law pertaining to the Bookstore Employees at Quinsigamond Community College.

5.4 Textbooks / Course Materials

a. Agent For The Collection Of Textbook Adoptions. The contractor shall be the College or University’s agent for the collection of textbook/course materials adoptions and compilation of the textbook/course materials list, and for providing textbooks and course materials to students at each institution. The contractor shall provide course materials, including all required, recommended, or suggested course materials and supplies, including textbooks, coursepacks, software, and materials published or distributed electronically.

b. College/University Rights Re: Adoption Data. Textbook adoption data, whether

received in paper form, electronically, or otherwise, provided to the contractor by each institutions faculty or staff are the property of the College or University. The contractor shall provide textbook/course materials adoption data and/or adoption forms to the College or University within twenty-four (24) hours of the College or University’s request for copies of such adoption data and/or adoption forms.

c. Early Textbook Adoptions. The contractor, working with the each institutions

faculty, shall make every effort to obtain early textbook/course materials adoption commitments in order to maximize the quantity of textbooks purchased from students for resale at the Bookstores. The contractor shall provide timely reports to faculty members concerning the status of their orders.

d. Textbook/Course Materials Quantities. The contractor shall provide sufficient

quantities of textbooks/course materials, custom-published materials, software, and related academic supplies and materials, as required by the faculty for course work, available for purchase by students according to the schedule established by the College or University.

e. Comprehensive Textbook/Course Materials Services. The contractor shall provide

comprehensive textbook/course materials services and shall work closely with the Colleges and Universities to support all Academic Programs (e.g., undergraduate, graduate, etc.).

f. Distance Learning Programs. The contractor shall provide textbook/course

materials services for the Colleges or Universities current or future distance learning programs.

g. Custom-Published Materials. The contractor shall provide custom-published

materials (i.e., coursepacks), including the securing of copyright clearances in compliance with all copyright laws, production/printing, and sales.

h. Textbook Rental Program. The contractor shall provide full-service textbook rental

programs at each institution.


i. Digital Course Materials. The contractor shall provide a digital delivery program that addresses the changing types of course materials, including providing digital course materials, digital textbooks, etc.

j. Online Textbook/Course Materials Ordering. The contractor’s Web site for each

institution’s Bookstore shall include, but not be limited to, the ability for customers to order and reserve textbooks/course materials.

k. Students With Disabilities. The contractor will provide required textbook/course

materials services to students with disabilities through collaboration with each institution.

l. HEOA/Other Laws. The contractor shall work with the Colleges and Universities to

ensure compliance with the Higher Education Opportunity Act (HEOA) and all other relevant state, federal, and local laws, rules, and regulations.

m. Desk Copies. The Colleges and Universities prohibit the purchase and sale of

complimentary/desk copies by the Bookstores. 5.5 Textbook Affordability / Pricing Policies

a. Textbook Affordability. The Colleges and Universities are extremely committed to making textbooks/course materials affordable to students at each institution. The contractor’s textbook/course materials pricing policies should be innovative and prices cannot exceed the pricing policy requirements as described in Section 5.5b of this RFP.

b. Pricing Policy- Textbooks/Course Materials. The contractor shall adhere to the

following textbook/course materials pricing policy: • "List-Priced" new textbooks shall be sold at no higher than list price. • "Pre-Priced" new textbooks shall be sold at no higher than the pre-price. • "Net-Priced" new textbooks shall be sold at no higher than a twenty-five percent

(25%) gross profit margin. • "Net-Priced" bundled packages of course materials (e.g., textbook, workbook,

CD, passcode, etc., bundled together) shall be sold at no higher than a twenty-five percent (25%) gross profit margin.

• Course related-supplies (e.g., auto kits, nursing kits, etc.) shall be sold at no higher than a twenty-five percent (25%) gross profit margin.

• Digital course materials sold by publishers to the contractor at net-price shall be sold by the Bookstores at no higher than a twenty-five percent (25%) gross profit margin.

• Digital course materials sold by publishers to the contractor via the agency fee pricing model shall be sold by the Bookstores at no higher than the retail price established by the publisher.

• Used textbooks shall be sold at no higher than seventy-five percent (75%) of the current new textbook retail price.

• Coursepacks and custom published materials (i.e., materials requiring copyright permissions) shall be sold at no higher than a twenty-five percent (25%) gross profit margin.


• New rental textbooks shall be rented at no higher than fifty percent (50%) of the current new textbook retail price.

• Used rental textbooks shall be rented at no higher than fifty percent (50%) of the current used textbook retail price.

• There shall be no add-ons or surcharges to cover freight, handling, publisher re-stocking fees, etc. (i.e., the above formulas shall be applied to the actual price listed on the publisher's invoice in order to determine the selling price of a particular textbook/course material).

c. Pricing Policy-General Books. The contractor shall sell trade books, reference

books, and other non-textbooks at no more than the publisher’s list price, or if there is no list price, at prices competitive in the local area and competitive in the college and university bookstore industry.

d. College And University Audit Rights. The Colleges and Universities have the right

to audit the contractor's records, vendor invoices, publisher invoices, etc., to verify adherence to the established pricing policies.

5.6 Innovative Methods Of Delivering Course Materials

a. Textbook Rental Program. The Colleges and Universities are extremely committed to providing a strong textbook rental program in order to reduce the cost of textbooks/course materials to students. The contractor shall make a significant effort to maximize the availability of rental textbooks for students.

b. Used Textbook Program. The Colleges and Universities are extremely committed to

providing a strong used textbook program in order to reduce the cost of textbooks/course materials to students. The contractor shall make a significant effort to maximize the availability of used textbooks for students.

c. Buyback. The Bookstores shall buy back books from students at not less than 50%

of the original textbook retail price for textbooks that have been adopted for an ensuing semester. (i.e., If a textbook was purchased new and has been readopted, then the Bookstores shall pay the student not less than 50% of the original new textbook retail price during buyback. If a textbook was purchased used and has been readopted, then the Bookstores shall pay the student not less than 50% of the original used textbook retail price during buyback). Textbooks that have not been adopted for an ensuing semester shall be purchased at a minimum of the current wholesale price, established by national used book wholesalers and published in one of the current national used book wholesale buying guides.

d. Digital Course Materials/Innovative Course Materials Delivery Mechanisms. The

contractor shall present all desirable innovations for the delivery of textbooks and course materials to the College and University Administrations and Faculty. The contractor shall work with the Administrations and Faculty to determine the best possible options for the introduction of new technology and delivery mechanisms.

5.7 General Merchandise And Marketing

a. General Merchandise Selection. The contractor shall provide a full range of general merchandise including emblematic clothing, emblematic gifts, computer software,


computer/technology products, general books, reference books, novelty gifts, school supplies, art supplies, dorm supplies, uniforms, greeting cards, convenience items, health and beauty aids (HBA’s), special order services, graduation related merchandise, and other services expected from full-service Bookstores.

b. Emblematic Clothing And Gifts. The contractor shall promote and brand each

institution by offering a broad selection of emblematic clothing and gifts that comply with the Colleges and Universities current or future licensing requirements, design guidelines, and requirements for branded products. The contractor shall provide exceptional value to customers by offering high quality products and services at fair prices and multiple price points.

c. New Product Lines. The contractor shall continually expand and introduce new

product lines that appeal to customers (e.g., students, faculty, staff, alumni, fans, and visitors) and generate traffic into the Bookstores.

d. Pricing Policy-General Merchandise. The contractor shall sell all other merchandise

(clothing, giftware, supplies, etc.) at prices competitive in the local area and competitive in the college and university bookstore industry. The contractor shall make a significant effort to provide emblematic/logo merchandise at multiple price points.

e. Website/Social Media. The contractor shall be required to maintain a full-service

Bookstore Website at each institution. The Website will feature a full range of emblematic merchandise. The contractor shall develop and implement a social media marketing and promotion strategy. To the extent that the contractor develops its own social media sites (e.g., facebook, instagram, twitter) or integrates with the College or University sites, the contractor shall be required to keep its posted information up-to-date, refresh its sites frequently consistent with effective social media strategies, and conform to College and University social media standards and practices.

f. Graduation Merchandise. The contractor shall offer graduation merchandise (e.g.,

regalia rentals or sales as defined by each institution, diploma frames, announcements, etc.) in the Bookstores and at other locations as designated by the Colleges and Universities during graduation.

g. Licensing Program. The contractor shall only purchase branded merchandise from

vendors who adhere to the Licensing Program requirements at each institution, as described in “Customized Bookstore RFP Services,” Attachment B of this RFP.

h. Vendor Code Of Conduct. The contractor must have a vendor code of conduct

policy. The policy must ensure that all vendors with whom the contractor does business meet FLA (Fair Labor Association) and WRC (Worker Rights Consortium) standards.

5.8 Tender Types / Discounts

a. Tender Types. At a minimum, the contractor shall accept cash, personal checks, major credit cards, current or future campus cards as defined by each institution in Section 3.5 of this RFP, Bookstore gift cards, bank debit cards, department charges,


scholarship charges/vouchers, third-party agency charges, and financial aid account charges/vouchers. The contractor shall be solely responsible for all expenses and collection of debts resulting from cash, personal checks, credit cards, and bank debit card transactions.

b. Campus Cards. The contractor shall provide at its sole expense the hardware,

software, and interfaces necessary in order to accept current campus cards and/or other smartcards utilized by the Colleges and Universities in the future, at the Bookstores. The Colleges and Universities will reconcile and reimburse the contractor on a monthly basis for Bookstore transactions. Transaction fees may apply at individual colleges or universities.

c. Department Charges. Departments shall be allowed to charge department purchases

at the Bookstores. Department purchases shall receive a minimum of a twenty percent (20%) discount, with the exception of textbooks, sale merchandise, computer hardware, and academically discounted software.

d. Faculty/Staff Discounts. Faculty and staff shall receive a minimum of a ten percent

(10%) discount, with the exception of textbooks, sale merchandise, computer hardware, and academically discounted software.

e. Gift Certificates/Gift Cards. The contractor shall accept unredeemed gift certificates

and unredeemed gift cards (i.e., gift certificates and gift cards that were sold to customers by the Bookstores prior to the commencement of the contract).

5.9 Technology

a. Technology Investment. The contractor shall provide state-of-the-art technology at each institution (e.g., bookstore computer system, point-of-sale system, computerized textbook management system, technology necessary to comply with HEOA, Web site, alternative technology for textbooks/course materials, etc.) to deliver the desired level of service. (Note: The Colleges and Universities will not buy out the undepreciated portion of the contractor’s technology investment at the termination, expiration, or non-renewal of the contract.)

b. Website. The contractor shall provide and maintain a Website for each institution’s

Bookstore. The Website shall conform to the Colleges and Universities design guidelines and link to and from the Colleges and Universities Websites. The Bookstore Websites shall include, but not be limited to, the ability for customers to order and reserve textbooks, order general books and general merchandise, and the ability for faculty to submit textbook adoptions online. All aspects of the Bookstore Web sites, including products sold (whether by the contractor or by a third party vendor), links to and/or from the Bookstores Web sites, and advertising accepted, shall require the Colleges and Universities prior written approval.

c. PCI Compliance. To ensure all possible steps are taken to secure student, faculty,

staff, and customer personal data, all in-store technology and e-commerce processing must be PCI compliant. The contractor shall provide annual PCI certification documentation.


d. Customer Data. Customer data shall not be shared or sold by the contractor without the express written approval of the customer.

The contractor shall notify the Colleges and Universities promptly of any security

breach that results in the unauthorized access, disclosure, or misuse of customer data. The contractor shall, within one day of discovery, report to the Colleges and Universities any use or disclosure of customer data not authorized in writing by the customer. The contractor’s report to the Colleges and Universities shall identify: (i) the nature of the unauthorized use or disclosure, (ii) the customer data used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, if known (iv) what the contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, (v) what corrective action the contractor has taken or shall take to prevent future similar unauthorized use or disclosure, and (vi) such other information as reasonably requested by the Colleges and Universities. The above provisions shall be extended by contract to all subcontractors used by the contractor who are provided access to customer data by the contractor.

5.10 Financial Reporting

a. Monthly Reporting. On a monthly basis, the contractor shall submit a sales report to each institution, including sales by category, non-commissionable sales (with supporting detail), and total sales for the Bookstore.

b. Annual Reporting. On an annual basis, the contractor shall submit a detailed

Bookstore financial statement to each institution. At a minimum, the Bookstore financial statement shall include the following:

• Sales by Category/Department including commissionable and non-

commissionable sales • Total Sales • Cost of Goods Sold • Gross Margin • Personnel Expenses • Direct Operating Expenses (itemized by type of expense) • Indirect Expenses (e.g., Management Fee, Contractor Overhead Charges) • Rent/Commission Paid to each institution • Profit/Loss • Dollar Amount of "Retail Textbook Buyback" • Dollar Amount of "Wholesale Textbook Buyback" • Number of Class Rings Sold (if applicable) • Web Site Sales

c. Contractor’s Financial Statement. The contractor shall provide the Colleges and Universities with a copy of its certified company financial statement on an annual basis.

5.11 Bookstore Locations

a. The plan is that the Bookstores will remain in their current locations as described in Sections 4.1 and 5.1f of this RFP. MassBay CC- Framingham is the current


exception, as it plans to open a new campus during Fall ’18 or Spring ’19, which will include a new Bookstore facility.

5.12 Facility Investment

a. Facility Investment. Contractors are required to submit proposed facility investments to provide state-of-the-art facilities for the Bookstores as part of their response to this RFP (see Section 6.14). Proposed Facility Investments should be provided for each institution, as listed below: • Bridgewater State University, Bridgewater, MA • Fitchburg State University, Fitchburg, MA • Framingham State University, Framingham, MA • MassBay Community College- Wellesley Hills, MA • MassBay Community College- Framingham, MA (Note: The Facility

Investment should be earmarked for the Bookstore on the new campus, scheduled to open during Fall’18 or Spring ’19.)

• Massachusetts College of Art and Design, Boston, MA • Massachusetts College of Liberal Arts, North Adams, MA • Massachusetts Maritime Academy, Buzzards Bay, MA • Salem State University, Salem, MA • Worcester State University, Worcester, MA • Quinsigamond Community College, Worcester, MA

Proposed facility plans should reflect the Colleges and Universities desire for state-

of-the art Campus Shops/Bookstores that improve customer satisfaction. Contractors are encouraged to be creative with respect to their plans for the facilities. Proposed facility plans should be provided for each institution.

(Note: The capital investment in the facilities must not include technology and equipment. The technology investment must appear as a separate line item on the Financial Bid Form. See RFP Section 6.15d.)

5.13 Facility Investment Requirements

a. Ownership Of Facility Investment And Fixtures. All capital investments and

fixtures in the Bookstore facilities shall become the property of the Colleges and Universities at the termination, expiration, or non-renewal of the contract.

If, prior to June 30, 2020, the contract, or extensions thereto, ends for reasons other than cause (see Section 8.2a) or bankruptcy by the contractor (see Section 8.2c) prior to the capital investment being fully depreciated, then the College or University will reimburse the contractor for the undepreciated portion of the capital investment in the Bookstore facility, and all capital investments and fixtures shall become the property of the College or University. If the contract is terminated for cause as outlined in Section 8.2a or for bankruptcy as outlined in Section 8.2c, then the College or University shall not reimburse the contractor for the undepreciated portion of the capital investment, and all capital investments and fixtures shall become the property of the College or University.


b. Depreciation. The capital investment by the contractor in the Bookstore facilities shall be depreciated on a straight-line basis not to exceed five (5) years. Regardless of the timing of the capital investment in Bookstore facilities, the depreciation shall not extend beyond June 30, 2020.

c. College And University Approvals. The facility investments for the Bookstores

must meet College or University standards; must be approved in advance by the College or University; must comply with all procurement and permitting regulations and all laws; and must be coordinated by the contractor in conjunction with the College or University. Any third-party contractor used by the contractor to assist with making facility improvements must be approved in advance by the College or University.

d. Accounting Of Facility Investment. The contractor shall provide each institution

with a full accounting of its facility investment, including copies of invoices paid to vendors for the facility investment.

e. Investment Difference. If the actual amount spent by the contractor on the facility

investment is less than the amount offered in the contractor’s Proposal, then the contractor shall pay the College or University the difference between the actual amount spent and the amount offered, payable by December 31, 2016. If the actual amount spent by the contractor on the facility investment is more than the amount offered in the contractor’s Proposal, then the contractor shall be solely responsible for all costs necessary to complete the facility improvements.

f. Design Fees. All Bookstore design fees, planning fees, and other fees associated

with facility improvements shall be incurred solely by the contractor, and the contractor shall treat all design fees, planning fees, and other fees as the contractor’s operating expenses. Design fees, planning fees, and other fees shall not be included as part of the capital facility investment to be depreciated.

g. Signage. Any proposed exterior signage, banners, etc., must be approved by the

College or University and must adhere to College or University requirements. h. Timing Of Facility Investment. The timing of the facility investment shall be

determined by the each institution in cooperation with the contractor. 5.14 College Or University Obligations

a. College OR University Obligations. The College or University shall provide the contractor with:

• Bookstores, offices, and stock room facilities as described in Section 4.1 of this

RFP • Access to campus web services, campus telephone services, and voice

answering system at the standard College or University rate • Security service for the Bookstores provided by the College or University in the

same manner provided for other College or University buildings


5.15 Contractor Obligations

a. Contractor Obligations. The contractor shall provide the following as part of its management and operation of the Bookstores: • Vehicles. The contractor shall provide Vehicle(s) necessary (if any) for the

operation of the Bookstores. • Cleaning and Maintenance. The contractor shall properly maintain (to the

satisfaction of the College or University) the interior of the Bookstores, including daily cleaning of floors, walls, windows, fixtures, furniture, equipment, etc., and other related custodial services.

• Minor Repairs. The contractor shall be responsible for minor repairs to the interior of the Bookstores.

• Emergency Key. The contractor shall supply an emergency key to be left with College or University Security Department.

• Internal Security. The contractor shall collaborate with College or University Security Department(s) and the College or University Administration(s) concerning questions of discipline, enforcing regulations, and internal security and theft control in the Bookstores. The contractor's first point of contact with regard to security and safety issues for the Bookstores shall be College or University Security Departments.


SECTION 6: PROPOSAL SUBMITTAL REQUIREMENTS (Note: To simplify PACE’s review process, the format for all Proposals must be

consistent with the information requested in this Section.) 6.1 Company History And Background

a. Company Background. Provide your qualifications and experience in managing college/university bookstores. Describe your experience serving public colleges and universities, including community colleges.

b. Client List. Provide a complete client list that includes length of service, sales

volume, and the name and telephone number of the college/university administrator responsible for the bookstore. Identify at least ten (10) clients with bookstores similar in nature to the PACE Bookstores including public universities, community colleges, colleges featuring specialty programs (e.g., military uniforms, art supplies, etc.).

c. Discontinued Client List. Provide a list of all college/university accounts that were

canceled or not renewed during the past five years, including the reason for termination. Include length of service, sales volume, and the name and telephone number of the college/university administrator responsible for the bookstore.

d. Financial Statements. Include your company’s certified financial statements for the

past two (2) years, along with your company’s S&P or D&B rating.

6.2 Operations

a. Management Plan. Describe your management/operations plan for the Bookstores. b. Customized Bookstore Services. Describe your plans to accommodate customized

Bookstore services at each institution. In addition, the Customized Bookstore RFP Services Form (Attachment B)

must be completed.

6.3 Customer Service a. Customer Service. Describe in detail how your company will provide excellent

customer service at the Bookstores. b. Customer Feedback. Describe the methods your company will use to obtain regular

feedback from Bookstore customers to ensure a high level of customer satisfaction. c. Customer Service Training. Describe your customer service training program for

the Bookstores Staff. d. Refund Policy. Describe your refund policy for all course materials, new textbooks,

used textbooks, bundled packages, coursepacks, rental textbooks, etc., and general merchandise.


e. Textbook Rental Collection Process. Describe your textbook rental collection process for textbooks that have not been returned by students, including fees assessed for textbooks that have not been returned, and third-party collection agencies utilized to collect rental textbooks.

f. Hours Of Operation. Describe your proposed hours of operation for the Bookstores.

(Note: At a minimum, the contractor must adhere to the requirements outlined in Section 5.2e of this RFP.)

6.4 Staffing / Personnel

a. Company Organization Chart. Provide your company organization chart. b. Bookstore Organization Charts. Provide your proposed organization chart, staffing

plan, and reporting structure for each Bookstore. Please indicate full-time positions and part-time positions for each Bookstore.

c. Describe your:

• Personnel policies • Hiring policies, including your company’s required qualifications for the

Bookstore Manager at each institution • Compensation program, including incentive programs, etc. • Benefit programs (e.g., health insurance, disability insurance, vacation plan,

holidays, retirement, etc.) • Commitment to hire student employees

d. Educational And Training Programs. Describe your educational and training

programs. e. Corporate Support Services. Describe your corporate support services and regional

management support. f. Pacheco Law- Quinsigamond Community College Bookstore Employees. Describe

your company’s plan to comply with the Pacheco Law pertaining to the Bookstore Employees at Quinsigamond Community College.

6.5 Textbooks / Course Materials

a. Textbook/Course Materials Market Share. Describe your company’s plans to develop and implement an active strategic plan to protect the Bookstores textbook/course materials market share. Include your plans to develop strong relationships with faculty at each institution and your plans to market and promote textbooks/course materials to students at each institution.

b. Services And Programs. Describe in detail the textbook/course materials services

and programs that your company will provide to faculty and students at each institution (e.g., textbook reservation program, online adoption program, registration integration program, etc.).


c. Academic Programs. Describe your plans to provide comprehensive textbook/course materials services to support specialized Academic Programs at each institution.

d. Distance Learning Programs. Describe your plans to provide comprehensive

textbook/course materials services to support current and/or future distance learning programs.

e. Custom Publishing/Coursepack Program. Describe your custom

publishing/coursepack program. f. HEOA. Describe your plans to assist the Colleges and Universities with compliance

to the Federal Higher Education Opportunity Act (HEOA).

6.6 Digital Delivery / E-Books.

a. Digital Delivery. Describe your company’s plans to deal effectively with the changing types of course materials and changes to the distribution channel/delivery of course materials. Please include the following:

• Provide a detailed description of your company’s plan/strategy regarding

digital/electronic course materials, digital textbooks, delivery via Learning Management Systems, etc.

• Describe any value-added that your company can provide with respect to Open Educational Resources (OER) and other low cost methods to deliver course materials to students and faculty.

6.7 Textbook Affordability / Pricing Policies

a. Textbook/Course Materials Pricing. Describe your pricing policies for textbooks/course materials and explain your plans to address affordability concerns of students. (Note: At a minimum, contractors must adhere to the textbook/course materials pricing policy outlined in Section 5.5b of this RFP.)

b. General Merchandise Pricing. Describe your pricing policies for general (all other)

merchandise and explain your plans to address the pricing concerns of students. (Note: At a minimum, contractors must adhere to the pricing policies outlined in Section 5.7d of this RFP.)

c. Emblematic Clothing Pricing. Describe your company’s plans to provide

emblematic clothing at multiple price points. 6.8 Textbook Rental Program / Used Textbook Program

a. Textbook Rental Program. Describe in detail the textbook rental program that your company will provide at each institution. Include the estimated percentage of titles that your company will make available as rental titles.

b. Used Textbook Program. Provide a detailed description of your sources for used

textbooks, along with a description of your textbook buyback program, including


any incentives or programs that will allow for buyback prices that are greater than wholesale prices. Describe your methods to market and promote buyback.

c. Course Materials Value Ratio. Include your estimated Course Materials Value Ratio

for each of the first three years of operation for the Bookstores at each institution. For the purpose of your Proposal, the Course Materials Value Ratio shall be defined as used textbook sales plus textbook rental sales plus digital course materials sales divided by total textbook/course materials sales (including new textbooks, used textbooks, rental textbooks, and digital course materials).

6.9 General Book Program

a. General Book Program. Describe your general book program and your plan to

ensure that the general book program supports the academic excellence of each institution.

b. Special Event Sales. Describe your plan to support the academic programs and

events at each institution by selling and promoting books at events throughout the year.

6.10 General Merchandise And Marketing Strategy

a. Emblematic Logo Merchandise Sales. Provide a detailed description of your plan to increase the sales of emblematic/logo merchandise, clothing, and gifts to students, faculty, staff, and alumni. Describe your plan to market emblematic/logo merchandise, including selling and promoting emblematic/logo merchandise on the Bookstores Web sites.

b. New Product Lines. Describe your plans for new or expanded product lines or

services to be offered at the Bookstores, including an emphasis on products and services that will meet the needs of students, faculty, staff and alumni.

c. Campus Events. Describe your plans to take advantage of campus events and

activities at each institution organized by other campus entities, and/or your plans to create your own campus events and activities, in order to promote additional sales.

d. Marketing/Advertising/Social Media Plan. Describe your marketing, advertising,

and social media plan for the Bookstores. e. Code Of Conduct. Describe your company’s vendor code of conduct policy and

whether it meets FLA (Fair Labor Association) and WRC (Worker Rights Consortium) standards.

6.11 Tender Types / Discounts

a. Tender Types. Describe the tender types your company will accept at the Bookstores. (Note: At a minimum, contractors must adhere to the requirements outlined in Section 5.8a of this RFP.)


b. Department Charge Program. Describe your company’s department charge program, including discounts. (Note: At a minimum, contractors must adhere to the requirements outlined in Section 5.8c of this RFP.)

c. Faculty/Staff Discount Program. Describe the faculty/staff discount program that

your company will provide at the Bookstores. (Note: At a minimum, contractors must adhere to the requirements outlined in Section 5.8d of this RFP.)

6.12 Financial Projections

a. Financial Projections. Provide financial projections for the first five (5) years of operation of the Bookstores. Projections must include the following:

• Sales by Category/Department (for each location and consolidated) • Total Sales (for each location and consolidated) • Cost of Goods Sold • Gross Margin • Personnel Expenses • Direct Operating Expenses (itemized by type of expense) • Indirect Expenses (i.e., Management Fee, Company Overhead Charges) • Rent/Commission to each College or University • Profit/Loss • Web Site / E-Commerce Sales

6.13 Financial Proposal

One of the goals of PACE is to maximize the Bookstores financial return for each institution by increasing top line sales and generating strong commissions. The financial return that the selected contractor shall remit to PACE will be comprised of the following components:

• Financial Return (see Section 6.13a) • Aggregate Signing Bonus (see Section 6.13b) • Aggregate Annual Textbook Scholarships (see Section 6.13c)

a. Financial Return. Please describe the financial return your company will remit for

the operation of the Bookstores, including the following:

• The minimum annual guarantee • The commission schedule expressed as a percentage of Commissionable Sales

(see definition, next page) The Colleges or Universities requirements pertaining to the contractor’s financial

return are as follows:

• "Gross Sales" shall be defined as all sales of the contractor and revenue received by the contractor based upon all business conducted in or from the Bookstores for any product or service offered by the Bookstores, including revenue received from textbook rentals and digital textbook sales. This includes all orders taken or received at the Bookstores, whether such orders are placed at the Bookstores, via the internet (i.e., "on-line sales"), orders received through the Bookstores


Websites, or elsewhere. Gross Sales shall include any commissions received by the contractor from products such as class rings, and commissions received by the contractor for authorized sales, including advertising revenue, by other companies or organizations on the Bookstores Websites.

• "Commissionable Sales" shall be defined as Gross Sales less voids, less customer refunds, less handling fees associated with the non-return of rental textbooks, less discounted sales to authorized College or University Departments, less discounts (provided that the discount amount thereof was included in Gross Sales), less sales tax paid by the contractor to any government agency which was collected from customers, less computer hardware sales, less sales made at no margin by the contractor at the request of the Colleges or Universities.

• The contractor shall pay the Colleges or Universities the greater of either (i) the financial return based on the commission schedule, or, (ii) the minimum annual guarantee.

• Payments shall be made to the Colleges or Universities based on Bookstores Commissionable Sales on a monthly basis via electronic funds transfer (EFT). The Colleges or Universities shall have the option to select either (i) monthly payments according to the commission schedule, or, (ii) monthly payments based on one-twelfth (1/12th) of the minimum annual guarantee. Regardless of the payment method selected by the Colleges or Universities, payment of any amount due in excess of payments already received shall be made annually, within thirty (30) days following the end of each contract year.

• The contractor shall be solely responsible for the collection of any debts resulting from checks, credit cards, charge cards, debit cards, etc.

• The contractor shall maintain complete and accurate records of all transactions in accordance with generally accepted accounting standards and principles. The contractor shall make all records available for inspection by authorized College or University representatives.

b. Aggregate Signing Bonus. Please provide the Aggregate Signing Bonus that you

will submit to the fiscal agent of PACE for the operation of the Bookstores. The Aggregate Signing Bonus shall be one payment made to the fiscal agent of PACE by the contractor, on July 1, 2015, for distribution by the fiscal agent of PACE to each institution.

c. Aggregate Annual Textbook Scholarships. Please provide the Aggregate Annual

Textbook Scholarships that you will submit to the fiscal agent of PACE for the operation of the Bookstores. The Aggregate Annual Textbook Scholarships shall be one annual aggregate textbook scholarship payment made to the fiscal agent of PACE, on July 1 of each Contract Year (beginning July 1, 2015), by the contractor for distribution by the fiscal agent of PACE to each institution.

(Note: In addition, contractors are required to complete the Financial Bid Form, Attachment D)

6.14 Facility Investment

a. Facility Investment. Describe your detailed facility plans and financial commitment to provide the Colleges and Universities with state-of-the-art Bookstore facilities, as


described in Section 5.12. Contractors are required to provide a detailed description of their facility plans and capital investment for the Bookstores.

Proposed facility plans should reflect the Colleges and Universities desire for state-of-the art Campus Shops/Bookstores that improve customer satisfaction. Contractors are encouraged to be creative with respect to their plans for the facilities. Proposed facility plans should be provided for each institution.

In addition, contractors are required to complete the Financial Bid Form, Attachment D. (Note: The capital investment in the facilities must not include technology and equipment. The technology investment must appear as a separate line item on the Financial Bid Form.)

6.15 Technology

a. Technology Plans. Describe your plans for computerization, automation, technology, point-of-sale systems (POS), etc., and explain how implementation of these plans will benefit the Colleges and Universities, the Bookstores, and each institution’s community.

b. Web Site/E-Commerce Plans. Include a detailed description of your plans to offer

the following:

• Textbook/course materials reservation program • Online textbook ordering program • Online textbook adoption program • Online buyback program • Registration integration program • Assistance with compliance to HEOA (i.e., textbook ISBN number availability) • Online ordering program for general merchandise (i.e., emblematic clothing and

gifts) c. Campus Cards. The contractor must be able to accept the Colleges and Universities

Campus Cards as a tender type, which includes integration with the Colleges and Universities Campus Card system, as described in Section 3.5 of this RFP.

d. Technology Investment. Include your estimated capital investment for

technology/automation in the Bookstores at each institution (excluding Web site development costs) and a timeline for your automation plans. The Colleges or Universities will not buy out the undepreciated portion of the contractor’s technology investment at the expiration, termination, or non-renewal of the contract.

(Note: In addition, contractors are required to complete the Financial Bid Form,

Attachment D.) 6.16 Transition Plan

a. Transition Plan. Describe your transition plan, including the following: • Timeline and dates • Required or assumed College or University resources


• Miscellaneous/other

6.17 Additional Information

a. Provide PACE with additional information you feel is pertinent. 6.18 Exceptions To RFP Requirements

a. Exceptions. Identify any exceptions to the RFP that are included in your Proposal.


SECTION 7: INVENTORY PURCHASE & EQUIPMENT USE 7.1 Inventory Purchase

The selected contractor shall be required to purchase the Bookstore inventories (for each institution) at the current contractor’s cost or institution’s cost from the current contractor or institution. The selected contractor shall purchase the Bookstore inventories as follows:

• New textbooks that have been adopted for an upcoming term or semester shall be

purchased by the contractor up to the quantity of anticipated enrollment at the actual cost to the current contractor or institution (i.e., publisher’s invoice cost).

• Used textbooks that have been adopted for an upcoming term or semester shall be purchased by the contractor up to the quantity of anticipated enrollment at the Bookstores current new textbook retail price, less the standard industry purchase cost factor (i.e., fifty percent (50%) as of October 2014).

• All general books (trade books, reference books, technical books, etc.) in clean and saleable condition shall be purchased at invoice cost.

• All general merchandise in clean and saleable condition shall be purchased at invoice cost. General merchandise includes, but is not limited to; art supplies, school and office supplies, computer software, computer peripherals, computer supplies, general merchandise, emblematic clothing, uniforms, gifts, greeting cards, convenience items, health and beauty aids (HBA’s), graduation merchandise, etc.

7.2 Inventory Payment

The selected contractor shall pay the current contractor or institution for the Bookstore inventories within thirty (30) days from the commencement of the contract.

7.3 Credit Memo Purchase- Quinsigamond Community College

The selected contractor shall purchase from, and pay to Quinsigamond Community College, the total amount of current unapplied credit memos due to the College from publishers, wholesalers, distributors, and other vendors for Bookstore transactions.

7.4 Credit Memo Payment- Quinsigamond Community College

The selected contractor shall pay Quinsigamond Community College for Bookstore credit memos within sixty (60) days from the commencement of the contract.

7.5 Inventory Purchase At End Of Contract At the termination of the contract, or any extensions thereto, the Colleges or Universities

or a subsequent contractor shall purchase the Bookstore inventories from the contractor in the same manner as outlined in Section 7.1.

All national textbook rental titles shall be collected by the contractor at the termination of

the contract and will be the property of the contractor.


7.6 Furniture, Fixtures, And Equipment

The contractor shall have the option to use the existing furniture, fixtures, and equipment located within the Bookstores that are owned by the Colleges or Universities at the commencement of the contract. Any College or University-owned furniture, fixtures, and equipment in the Bookstores which the contractor decides to no longer utilize in the operation of the Bookstores shall be turned over to the College or University. The contractor shall be responsible to maintain any furniture, fixtures, and equipment located within the Bookstores at its expense. At the expiration, termination, or non-renewal of the contract, the contractor shall return any College or University-owned furniture, fixtures, and equipment used to the Colleges or Universities in the same condition as at the commencement of the contract, excepting normal wear and tear. With respect to the furniture, fixtures, and equipment provided by the Colleges or Universities, the Colleges or Universities make no implied or express warranties, including, but not limited to, the implied warranties of functionality and fitness for a particular purpose. Unless otherwise specifically agreed, all College or University furniture, fixtures, and equipment offered for the contractor’s use is supplied in “as is” condition and the contractor shall use it at their own risk. The listing of furniture, fixtures, and equipment inventory shall be incorporated into the contract between the contractor and the Colleges or Universities.


SECTION 8: CONTRACT TERMS & CONDITIONS 8.1 Term

a. Contract Term. The term (“Term”) of the contract (to be prepared by PACE and signed by the participating Colleges and Universities, and the selected contractor) will be for five years (5) years, beginning July 1, 2015, and ending on June 30, 2020. The Colleges and Universities shall have the option to renew the contract for one-year renewal terms (each a “Renewal Term”) by providing the contractor with one hundred twenty (120) days written notice of renewal prior to the expiration of the Term or Renewal Term.

8.2 Termination

The contract shall contain the following clause with respect to termination: a. Termination With Cause. The contractor shall perform in accordance with the terms

and conditions as stated herein and in accordance with the highest standards and commercial practices for operation of Bookstores serving each institution. If the contractor shall fail to fulfill or perform any material obligation of the contractor under the contract (to be established upon the selection of a contractor) and such failure shall continue for sixty (60) days following written notice (the "Default Notice") from the Colleges and Universities to the contractor informing the contractor of its failure to fulfill or perform said material obligation, then the Colleges and Universities may terminate the contract by providing the contractor with written notice (the "Termination Notice").

b. Termination Without Cause. The Colleges and Universities may terminate the

contract at any time by providing the contractor with one hundred-twenty (120) days written notice.

c. Termination For Bankruptcy/Insolvency. The Colleges and Universities may

terminate the contract immediately upon written notice to the contractor if the contractor becomes (i) insolvent; (ii) seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding; or (iii) proceedings in bankruptcy or insolvency are instituted against the contractor, a receiver is appointed, or if any substantial part of the contractor’s assets is the object of attachment, sequestration or other type of comparable proceeding, and such proceeding is not vacated or terminated within thirty (30) days after its commencement or institution.

8.3 Contract Administrator

a. Contract Administrator. Each College or University will designate a contract Administrator, or designee, for any contract that results from this RFP. Current contact information for each institution is listed in Section 1.4a of this RFP.


8.4. Legal Fees

a. Legal Fees. The contractor shall be responsible for any attorney and/or court fees in the event the contractor defaults and court action is required.

8.5 Contract Award

a. If the Colleges and Universities accept a Proposal, a Contract For Bookstore Management Services will be prepared by PACE and the Colleges and Universities, and signed by the Colleges and Universities and the contractor.

8.6 Insurance

During the term of this Agreement, the Contractor at their expense shall take out and maintain throughout the duration of the Agreement the following policies of insurance issued by carriers licensed to do business in the Commonwealth of Massachusetts, in accordance with this section: a. Worker’s Compensation having limits not less than those required by the applicable

statue: Chapter 438, Acts of 1938and General Laws, Chapter 152 as amended. The successful Contractor shall waive its rights of subrogation against the Colleges and Universities for any of its employees Worker’s Compensation claims.

b. Comprehensive General Liability to cover bodily injuries and property damages in

the amount not less than $1,000,000 per occurrence and $3,000,000 in the aggregate liability. Said liability polices shall contain the following provisions: “The insurance company waives any right of subrogation against the Commonwealth of Massachusetts which may arise by reason of any payment under the policy”. The General Liability policy shall provide a notice of cancellation to the Colleges and Universities (evidence of notice shall be provided} and the General Liability certificates shall name the Colleges and Universities as well as The Commonwealth of Massachusetts as additional insured.

c. Vehicle Liability Insurance including Property Damages covering non-owned,

owned and hired vehicle and any equipment used in connection with work performed. Minimum limits should be: bodily injury liability for $500,000 for each person; $1,000,000 for each accident; $100,000 for property damage liability for each accident.

d. Property Damage Insurance having a combined limit of not less than $3,000,000

insuring against the perils of fire, theft, explosion and like risks caused to the premises, property and goods of each contractor.

e. Employer’s Liability Insurance in the amount of at least $1,000,000. f. Additional Umbrella Liability Insurance coverage for at least $1,000,000 in excess

of the employer’s liability, commercial general liability and vehicle liability limits will be required.


g. The successful Contractor shall furnish the Colleges and Universities with a certificate of insurance for each policy, prior to the execution of the Agreement as evidence that the required coverage are in full force and effect. The certificates shall be reissued at the renewal of each policy. The certificate shall state that the insurer will provide the Colleges and Universities with 30 days prior notice of cancellation. The Colleges and Universities reserve the right to request, and the successful Contractor agrees to furnish a copy of each insurance policy and all endorsements thereto. The successful Contractor will not terminate any such insurance policy without 30 days prior notice to the Colleges and Universities. Such termination will constitute a breach of the Agreement, which will be cause for termination of the Agreement.

h. The Colleges and Universities, its trustees, officers, volunteers, and employees will

be listed as named insured’s on all policies. i. The title of the buildings and equipment shall remain with the Colleges and

Universities. The successful Contractor assumes full responsibility for loss or damage to all personal property brought on the College and Universities Bookstore premises.

j. Before causing or permitting any work to be performed by a third party on the

building in which the Bookstore is located, The Colleges and/or Universities will provide the Bookstore Contractor an industry standard Certificate of Liability Insurance showing the Bookstore Contractor as an additional insured under the third party’s Commercial General Liability policy and Vehicle Liability policy, having combined single limits of $1,000,000 per occurrence.

k. The successful Contractor assumes full responsibility and liability for losses,

expenses, damages, demands and claims in connection with any injury, including death, or alleged injury, or damage, or alleged damage to property sustained or alleged to have been sustained in connection with or to have arisen out of the performance of work by the successful Contractor, its agents, servants and employees or subcontractors, including losses, expenses or damages sustained by the Colleges and/or Universities, its trustees, officers, volunteers, and employees, and the agents, servants, and employees of the foregoing, from any and all such loses, expenses, damages, demands and claims, and shall, to the extent permitted b law, defend any suit or action brought against them, or any of them, based upon any such alleged injury or damages, and shall pay all damages, cost, and expenses including attorney’s fees in connection therewith or resulting there from.

l. The successful Contractor shall post with each College and University a

performance bond in the amount of $50,000.


ATTACHMENTS • Commonwealth Terms And Conditions (Attachment A) • Customized Bookstore RFP Services (Attachment B) • Bookstore Department Sales (Attachment C) • Financial Bid Form (Attachment D)


ATTACHMENT A COMMONWEALTH TERMS AND CONDITIONS

This Commonwealth Terms and Conditions form is jointly issued by the Executive Office for Administration and Finance (ANF), the Office of the Comptroller (CTR) and the Operational Services Division (OSD) for use by all Commonwealth of Massachusetts (“State”) Departments and Contractors. Any changes or electronic alterations by either the Department or the Contractor to the official version of this form, as jointly published by ANF, CTR and OSD, shall be void. Upon execution of these Commonwealth Terms and Conditions by the Contractor and filing as prescribed by the Office of the Comptroller, these Commonwealth Terms and Conditions will be incorporated by reference into any Contract for Commodities and Services executed by the Contractor and any State Department, in the absence of a superseding law or regulation requiring a different Contract form. Performance shall include services rendered, obligations due, costs incurred, commodities and deliverables provided and accepted by the Department, programs provided or other commitments authorized under a Contract. A deliverable shall include any tangible product to be delivered as an element of performance under a Contract. The Commonwealth is entitled to ownership and possession of all deliverables purchased or developed with State funds. Contract shall mean the Standard Contract Form issued jointly by ANF, CTR and OSD. 1. Contract Effective Start Date. Notwithstanding verbal or other representations by the parties, or an earlier start date indicated in a Contract, the effective start date of performance under a Contract shall be the date a Contract has been executed by an authorized signatory of the Contractor, the Department, a later date specified in the Contract or the date of any approvals required by law or regulation, whichever is later. 2. Payments And Compensation. The Contractor shall only be compensated for performance delivered and accepted by the Department in accordance with the specific terms and conditions of a Contract. All Contract payments are subject to appropriation pursuant to M.G.L. C. 29, §26, or the availability of sufficient non-appropriated funds for the purposes of a Contract, and shall be subject to intercept pursuant to M.G.L. C. 7A, §3 and 815 CMR 9.00. Overpayments shall be reimbursed by the Contractor or may be offset by the Department from future payments in accordance with state finance law. Acceptance by the Contractor of any payment or partial payment, without any written objection by the Contractor, shall in each instance operate as a release and discharge of the State from all claims, liabilities or other obligations relating to the performance of a Contract. 3. Contractor Payment Mechanism. All Contractors will be paid using the Payment Voucher System unless a different payment mechanism is required. The Contractor shall timely submit invoices (Payment Vouchers - Form PV) and supporting documentation as prescribed in a Contract. The Department shall review and return rejected invoices within fifteen (15) days of receipt with a written explanation for rejection. Payments shall be made in accordance with the bill paying policy issued by the Office of the Comptroller and 815 CMR 4.00, provided that payment periods listed in a Contract of less than forty-five (45) days from the date of receipt of an invoice shall be effective only to enable a Department to take advantage of early payment incentives and shall not subject any payment made within the forty-five (45) day period to a penalty. The Contractor Payroll System, shall be used only for "Individual Contractors" who have been determined to be "Contract Employees" as a result of the Department's completion of an Internal Revenue Service SS-8 form in accordance with the Omnibus Budget Reconciliation Act (OBRA) 1990, and shall automatically process all state and federal mandated payroll, tax and retirement deductions. 4. Contract Termination Or Suspension. A Contract shall terminate on the date specified in a Contract, unless this date is properly amended in accordance with all applicable laws and regulations prior to this date, or unless terminated or suspended under this Section upon prior written notice to the Contractor. The Department may terminate a Contract without cause and without penalty, or may terminate or suspend a Contract if the Contractor breaches any material term or condition or fails to perform or fulfill any material obligation required by a Contract, or in the event of an elimination of an appropriation or availability of sufficient funds for the purposes of a Contract, or in the event of an unforeseen public emergency mandating immediate Department action. Upon immediate notification to the other party, neither the Department nor the Contractor shall be deemed to be in breach for failure or delay in performance due to Acts of God or other causes factually beyond their control and without their fault or negligence. Subcontractor failure to perform or price increases due to market fluctuations or product availability will not be deemed factually beyond the Contractor's control. 5. Written Notice. Any notice shall be deemed delivered and received when submitted in writing in person or when delivered by any other appropriate method evidencing actual receipt by the Department or the Contractor. Any written notice of termination or suspension delivered to the Contractor shall state the effective date and period of the notice, the reasons for the termination or suspension, if applicable, any alleged breach or failure to perform, a reasonable period to cure any alleged breach or failure to perform, if applicable, and any instructions or restrictions concerning allowable activities, costs or expenditures by the Contractor during the notice period. 6. Confidentiality. The Contractor shall comply with M.G.L. C. 66A if the Contractor becomes a "holder" of "personal data". The Contractor shall also protect the physical security and restrict any access to personal or other Department data in the Contractor's possession, or used by the Contractor in the performance of a Contract, which shall include, but is not limited to the Department's public records, documents, files, software, equipment or systems. 7. Record-keeping And Retention, Inspection Of Records. The Contractor shall maintain records, books, files and other data as specified in a Contract and in such detail as shall properly substantiate claims for payment under a Contract, for a minimum retention period of seven (7) years beginning on the first day after the final payment under a Contract, or such longer period as is necessary for the resolution of any litigation, claim, negotiation, audit or other inquiry involving a Contract. The Department shall have access, as well as any parties identified under Executive Order 195, during the Contractor’s regular business hours and upon reasonable prior notice, to such records, including on-site reviews and reproduction of such records at a reasonable expense. 8. Assignment. The Contractor may not assign or delegate, in whole or in part, or otherwise transfer any liability, responsibility, obligation, duty or interest under a Contract, with the exception that the Contractor shall be authorized to assign present and prospective claims for money due to the Contractor pursuant to a Contract in accordance with M.G.L. C. 106, §9-318. The Contractor must provide sufficient notice of assignment and supporting documentation to enable the Department to verify and implement the assignment. Payments to third party assignees will be processed as if such payments were being made directly to the Contractor and these payments will be subject to intercept, offset, counter claims or any other Department rights which are available to the Department or the State against the Contractor.


9. Subcontracting By Contractor. Any subcontract entered into by the Contractor for the purposes of fulfilling the obligations under a Contract must be in writing, authorized in advance by the Department and shall be consistent with and subject to the provisions of these Commonwealth Terms and Conditions and a Contract. Subcontracts will not relieve or discharge the Contractor from any duty, obligation, responsibility or liability arising under a Contract. The Department is entitled to copies of all subcontracts and shall not be bound by any provisions contained in a subcontract to which it is not a party. 10. Affirmative Action, Non-Discrimination In Hiring And Employment. The Contractor is an affirmative action/equal opportunity employer and does not discriminate on the basis of race, color, national origin, sex, disability, religion, age, veteran status, genetic information, gender identity or sexual orientation in its programs and activities as required by Title IX of the Educational Amendments of 1972, the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VII of the Civil Rights Act of 1964, and other applicable statutes. The Contractor shall comply with all federal and state laws, rules and regulations promoting fair employment practices or prohibiting employment discrimination and unfair labor practices and shall not discriminate in the hiring of any applicant for employment nor shall any qualified employee be demoted, discharged or otherwise subject to discrimination in the tenure, position, promotional opportunities, wages, benefits or terms and conditions of their employment because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual orientation or for exercising any rights afforded by law. The Contractor commits to purchasing supplies and services from certified minority or women-owned businesses, small businesses or businesses owned by socially or economically disadvantaged persons or persons with disabilities. 11. Indemnification. Unless otherwise exempted by law, the Contractor shall indemnify and hold harmless the State, including the Department, its agents, officers and employees against any and all claims, liabilities and costs for any personal injury or property damages, patent or copyright infringement or other damages that the State may sustain which arise out of or in connection with the Contractor's performance of a Contract, including but not limited to the negligence, reckless or intentional conduct of the Contractor, its agents, officers, employees or subcontractors. The Contractor shall at no time be considered an agent or representative of the Department or the State. After prompt notification of a claim by the State, the Contractor shall have an opportunity to participate in the defense of such claim and any negotiated settlement agreement or judgment. The State shall not be liable for any costs incurred by the Contractor arising under this paragraph. Any indemnification of the Contractor shall be subject to appropriation and applicable law. 12. Waivers. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any way limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach. 13. Risk Of Loss. The Contractor shall bear the risk of loss for any Contractor materials used for a Contract and for all deliverables, Department personal or other data which is in the possession of the Contractor or used by the Contractor in the performance of a Contract until possession, ownership and full legal title to the deliverables are transferred to and accepted by the Department. 14. Forum, Choice of Law And Mediation. Any actions arising out of a Contract shall be governed by the laws of Massachusetts, and shall be brought and maintained in a State or federal court in Massachusetts which shall have exclusive jurisdiction thereof. The Department, with the approval of the Attorney General's Office, and the Contractor may agree to voluntary mediation through the Massachusetts Office of Dispute Resolution (MODR) of any Contract dispute and will share the costs of such mediation. No legal or equitable rights of the parties shall be limited by this Section. 15. Contract Boilerplate Interpretation, Severability, Conflicts With Law, Integration. Any amendment or attachment to any Contract which contains conflicting language or has the affect of a deleting, replacing or modifying any printed language of these Commonwealth Terms and Conditions, as officially published by ANF, CTR and OSD, shall be interpreted as superseded by the official printed language. If any provision of a Contract is found to be superseded by state or federal law or regulation, in whole or in part, then both parties shall be relieved of all obligations under that provision only to the extent necessary to comply with the superseding law, provided however, that the remaining provisions of the Contract, or portions thereof, shall be enforced to the fullest extent permitted by law. All amendments must be executed by the parties in accordance with Section 1. of these Commonwealth Terms and Conditions and filed with the original record copy of a Contract as prescribed by CTR. The printed language of the Standard Contract Form, as officially published by ANF, CTR and OSD, which incorporates by reference these Commonwealth Terms and Conditions, shall supersede any conflicting verbal or written agreements relating to the performance of a Contract, or attached thereto, including contract forms, purchase orders or invoices of the Contractor. The order of priority of documents to interpret a Contract shall be as follows: the printed language of the Commonwealth Terms and Conditions, the Standard Contract Form, the Department's Request for Response (RFR) solicitation document and the Contractor’s Response to the RFR solicitation, excluding any language stricken by a Department as unacceptable and including any negotiated terms and conditions allowable pursuant to law or regulation. IN WITNESS WHEREOF, The Contractor certify under the pains and penalties of perjury that it shall comply with these Commonwealth Terms and Conditions for any applicable Contract executed with the Commonwealth as certified by their authorized signatory below:

PACE BOOKSTORES RFP-10/22/14 43

CONTRACTOR AUTHORIZED SIGNATORY: _________________________________________________________________________ (signature) Print Name: ____________________________________________________ Title: _________________________________________________________ Date: _________________________________________________________ (Check One): _______ Organization ________ Individual Full Legal Organization or Individual Name: ____________________________________________________________________________ Doing Business As: Name (If Different): _______________________________________________________________________________ Tax Identification Number: ____ ____ ____ ____ ____ ____ ____ ____ ____ Address: ________________________________________________________________________________________________________ Telephone: ________________________________________ FAX: ________________________________________________________ INSTRUCTIONS FOR FILING THE COMMONWEALTH TERMS AND CONDITIONS A “Request for Verification of Taxation Reporting Information” form (Massachusetts Substitute W-9 Format), that contains the Contractor's correct TIN, name and legal address information, must be on file with the Office of the Comptroller. If the Contractor has not previously filed this form with the Comptroller, or if the information contained on a previously filed form has changed, please fill out a W-9 form and return it attached to the executed COMMONWEALTH TERMS AND CONDITIONS. If the Contractor is responding to a Request for Response (RFR), the COMMONWEALTH TERMS AND CONDITIONS must be submitted with the Response to RFR or as specified in the RFR. Otherwise, Departments or Contractors must timely submit the completed and properly executed COMMONWEALTH TERMS AND CONDITIONS (and the W-9 form if applicable) to the: Payee and Payments Unit, Office of the Comptroller, 9th Floor, One Ashburton Place, Boston, MA 02108 in order to record the filing of this form on the MMARS Vendor File. Contractors are required to execute and file this form only once.


ATTACHMENT B CUSTOMIZED BOOKSTORE RFP SERVICES

The Bookstores offer a variety of customized services at each institution. The contractor shall provide customized services to meet the needs of each institution as described below. Please include a brief description of how you will accommodate the customized services for each institution.

INSTITUTION

CURRENT CUSTOMIZED SERVICES

DESCRIBE YOUR PLANS TO ACCOMMODATE

CUSTOMIZED SERVICES Bridgewater State University

• Distance Education Program at Bristol Community College Attleboro Campus

• Off-campus courses • Graduation regalia • Athletic event sales • Bookstore Advisory Committee • Licensing Program (LRG)

Fitchburg State University

• Graduation regalia • Licensing Program (LRG)-

managed by Athletics • Athletic event sales • Limited convenience products

due to Food Service contract

Framingham State University

• Online/distance learning courses • Off Campus Courses (e.g.,

NECC ASL Program) • Licensing Program (LRG)-

managed by the University • Athletic Event Sales


INSTITUTION



CUSTOMIZED SERVICES MassBay Community College

• Stores on the Wellesley and Framingham Campuses

• EMT and Paramedic uniform sales. Nursing uniforms possibly next year.

• Online courses • Corporate and Community

Education courses • Beverages to be under College

pouring rights contract with RFP • Graduation regalia • Ability to remit textbook refunds

for students

Mass College of Art and Design

• Collaborative Bookstore with MCPHS

• Extensive selection of art supplies

• Online courses for MassArt and MCPHS

• Off-campus courses in Worcester and Manchester for MCPHS

• Graduation regalia • Campus Card Program. Fenway

Card-outsourced Campus Card through Cardsmith for the Colleges of the Fenway


INSTITUTION



CUSTOMIZED SERVICES Mass College of Liberal Arts

• Art Supplies • Check cashing service is

highly valued • Exclusive campus contract

with Coca-Cola • Athletic event sales • Off campus courses in

Pittsfield, MA • Graduation Regalia • Bookstore Advisory

Committee • Online/distance learning

courses • Weekend Admissions Event

sales

Mass Maritime Academy

• Seabag Uniform Program sales and distribution. Approximately $1.2M in sales in Fiscal ’14

Quinsigamond Community College


INSTITUTION



CUSTOMIZED SERVICES Salem State University

• Online courses • Graduation regalia • Athletic event sales • Athletic Department Web-

site is linked to the Bookstore Web-site

• Bookstore Council • Nursing uniform, nursing

shoes, and medical supply sales

• Exclusive campus contract with Pepsi

• Logo use, etc., must go through Salem State Marketing and Creative Services

Worcester State University

• Online courses • Licensing Program (Strategic

Marketing Alliance)


ATTACHMENT C BOOKSTORE DEPARTMENT SALES

Bridgewater State University DEPARTMENTS FY '10 FY '11 FY '12 FY '13 FY '14 New Textbooks 2,758,532 2,036,045 1,864,409 1,863,151 1,627,022 Used Textbooks 1,055,127 836,497 654,121 491,440 374,377 Rental Textbooks - 356,295 649,411 700,330 726,889 Digital Textbooks - 5,751 5,778 16,423 46,278 Trade Books 43,150 77,075 47,360 49,672 40,342 Supplies 68,693 52,785 62,359 56,196 50,650 Apparel 319,913 354,584 383,287 394,742 407,041 Gift 55,136 57,267 69,571 77,054 92,096 Convenience /Graduation 89,622 98,461 95.410 90,396 71,379 Technology - - 41,311 31,074 36,908

Fitchburg State University DEPARTMENTS FY '10 FY '11 FY '12 FY '13 FY '14 New Textbooks 1,328,167 1,064,806 821,675 836,265 793,523 Used Textbooks 478,411 365,098 349,736 247,894 175,065 Rental Textbooks - 197,923 281,066 312,136 345,019 Digital Textbooks - 6,991 4,733 9,442 14,630 Trade Books 23,113 39,984 15,369 14,289 17,639 Supplies 68,064 53,895 49,115 48,128 43,656 Apparel 139,074 137,558 138,002 142,658 160,356 Gift 36,299 32,527 31,088 30,391 32,280 Convenience /Graduation 48,224 54,927 57,850 64,347 55,470 Technology - - 24,780 20,070 21,425

Framingham State University DEPARTMENTS FY '10 FY '11 FY '12 FY '13 FY '14 New Textbooks 1,207,141 985,045 799,327 786,281 743,521 Used Textbooks 495,719 394,605 421,776 252,225 190,321 Rental Textbooks - 162,470 303,452 377,206 419,891 Digital Textbooks - 3,265 2,472 9,537 17,125 Trade Books 14,870 29,675 26,505 26,963 23,452 Supplies 28,235 23,816 65,841 79,631 88,313 Apparel 144,553 152,947 191,101 206,434 231,069 Gift 47,502 47,202 52,503 45,166 50,694 Convenience /Graduation 12,566 13,377 14,017 13,574 12,614 Technology - - 7,711 6,491 13,597


MassBay Community College DEPARTMENTS FY '10 FY '11 FY '12 FY '13 FY '14 New Textbooks 1,469,124 1,372,884 1,112,598 1,127,494 889,224 Used Textbooks 527,092 392,117 363,541 258,386 187,325 Rental Textbooks - 131,042 272,219 305,154 367,943 Digital Textbooks - 1,440 1,019 4,972 12,064 Trade Books 26,830 27,143 11,414 11,369 23,412 Supplies 46,185 52,290 49,806 54,025 42,275 Apparel 15,021 15,772 21,093 19,777 22,158 Gift 3,275 6,996 3,951 4,023 4,644 Convenience /Graduation 77,888 70,621 63,972 61,966 68,419 Technology - - 13,991 17,087 60,323

Mass College Of Art & Design DEPARTMENTS FY '10 FY '11 FY '12 FY '13 FY '14 New Textbooks 928,634 795,297 826,250 908,531 996,000 Used Textbooks 361,283 353,361 273,544 244,460 Inc. w/New Rental Textbooks - 80,878 173,727 176,273 176,435 Digital Textbooks - 1,697 1,995 5,417 4,237 Trade Books / Computers 344,482 85,868 33,202 31,792 27,681 Supplies / Art Supplies 296,114 347,377 332,113 322,969 308,500 Apparel 105,105 121,904 118,189 134,845 163,680 Gift 31,021 32,783 34,042 41,104 48,372 Convenience /Graduation 32,322 38,409 40,001 43,176 41,729 Technology - - 42,744 30,612 25,135

Mass College Of Liberal Arts DEPARTMENTS FY '10 FY '11 FY '12 FY '13 FY '14 New Textbooks 433,829 285,914 228,121 210,327 149,283 Used Textbooks 130,927 156,580 121,760 94,937 72,876 Rental Textbooks - 44,459 100,181 131,235 130,578 Digital Textbooks - 2,150 705 1,834 5,489 Trade Books 6,402 11,466 6,311 9,038 6,322 Supplies 25,829 23,128 21,183 20,159 15,337 Apparel 53,812 50,979 52,933 60,403 64,923 Gift 9,774 11,499 10,218 9,710 10,995 Convenience /Graduation 18,393 16,020 14,014 13,392 14,572 Technology - - 3,062 2,418 3,306


Mass Maritime Academy DEPARTMENTS FY '10 FY '11 FY '12 FY '13 FY '14 New Textbooks 406,753 337,258 228,792 238,062 288,021 Used Textbooks 179,498 120,939 135,686 98,978 77,029 Rental Textbooks - 16,475 69,441 117,988 129,128 Digital Textbooks - 141 1,696 282 812 Trade Books 342,215 196,536 2,499 1,913 2,133 Supplies 53,914 37,508 32,497 42,038 40,857 Apparel 127,706 154,502 178,876 211,996 267,939 Gift 24,465 27,234 34,586 32,812 46,447 Uniforms 1,040,605 1,028,237 1,006,057 1,084,717 1,252,649 Technology - - 112,170 47,857 36,334

Quinsigamond Community College DEPARTMENTS FY '10 FY '11 FY '12 FY '13 FY '14 New Textbooks 3,600,629 3,494,313 3,697,877 3,498,607 3,420,801 Used Textbooks 163,897 171,390 119,509 163,776 90,821 Trade Books 4,233 5,999 2,778 1,350 192 Computer Supplies /Soft. 31,238 47,106 133,567 176,333 154,355 Supplies / Calculators 79,952 90,148 104,325 95,611 87,452 Clothing 11,065 10,188 9,847 8,490 5,838 Gifts / Jewelry 5,818 6,785 10,850 9,124 6,843 Candy / Coffee 6,290 5,989 5,440 4,906 4,611 Miscellaneous 10,207 6,938 4,383 4,955 2,825 Greeting Cards 1,304 1,314 822 717 521 Backpacks 14,986 19,370 25,304 16,540 19,231 Bus Passes 23,741 32,942 59,229 65,724 67,888

Salem State University DEPARTMENTS FY '10 FY '11 FY '12 FY '13 FY '14 New Textbooks 2,878,694 2,148,153 1,775,736 1,726,430 1,489,050 Used Textbooks 952,749 907,775 739,217 578,354 346,094 Rental Textbooks - 422,688 746,720 787,086 736,942 Digital Textbooks - 6,327 4,195 19,458 32,716 Trade Books 57,453 71,225 60,040 67,931 *58,728 Supplies 144,941 124,499 110,641 123,587 107,336 Apparel 197,360 237,010 269,441 287,732 301,284 Gift 51,428 59,730 59,737 73,543 96,998 Convenience / Graduation 66,290 81,023 80,417 84,858 111,459 Technology - - 25,527 30,614 38,490

* Trade Books for FY’14 includes General Books and Non-Emblematic Sales


Worcester State University DEPARTMENTS FY '10 FY '11 FY '12 FY '13 FY '14 New Textbooks 1,670,833 1,306,878 1,169,996 1,152,961 948,763 Used Textbooks 580,649 587,495 451,374 306,739 247,763 Rental Textbooks - 195,083 354,859 365,217 404,580 Digital Textbooks - 5,883 3,482 9,559 14,149 Trade Books 17,921 29,546 22,085 29,124 25,488 Supplies 57,542 54,935 49,423 41,514 35,214 Apparel 126,748 150,280 186,392 187,809 193,768 Gift 24,807 29,142 34,859 28,897 28,393 Convenience / Graduation 8,539 9,563 9,575 8,849 7,113 Technology - - 14,856 11,266 12,906


ATTACHMENT D FINANCIAL BID FORM

(Note: Items listed on this Bid Form are in addition to all other financial requirements and obligations outlined in this RFP.)

1. COMMISSION AS A PERCENT OF COMMISSIONABLE SALES:

Year 1 (%) Year 2 (%)

Year 3 (%)

Year 4 (%)

Year 5 (%)

2. MINIMUM ANNUAL GUARANTEE:

Year 1 ($) Year 2 ($)

Year 3 ($)

Year 4 ($)

Year 5 ($)

Note: The Contractor shall pay the Colleges and Universities the greater of the

Minimum Annual Guarantee or the Commission As A Percent Of Commissionable Sales.

3. AGGREGATE SIGNING BONUS:

($)

Note: On July 1, 2015, the Contractor shall pay the fiscal agent of PACE the

Aggregate Signing Bonus to be distributed to each institution by the fiscal agent of PACE.


4. AGGREGATE ANNUAL TEXTBOOK SCHOLARSHIPS:

Year 1 ($) Year 2 ($)

Year 3 ($)

Year 4 ($)

Year 5 ($)

Note: On July 1 of each contract year (beginning July 1, 2015), the Contractor shall

pay the fiscal agent of PACE the Aggregate Annual Textbook Scholarships.

5. FACILITY INVESTMENTS: (Depreciated on a straight-line basis over five (5) years)

INSTITUTION

FACILITY INVESTMENT ($)

Bridgewater State University



MassBay Community College- Wellesley

MassBay CC- Framingham

Mass College of Art & Design

Mass College of Liberal Arts



Salem State University


TOTAL FACILITY INVESTMENT

(Note: The capital investment in the facilities must not include technology and equipment.)


6. TECHNOLOGY INVESTMENTS:

INSTITUTION

TECHNOLOGY INVESTMENT ($)

Bridgewater State University



MassBay Community College- Wellesley

MassBay CC- Framingham

Mass College of Art & Design

Mass College of Liberal Arts



Salem State University


TOTAL TECHNOLOGY INVESTMENT

PROPOSAL SUBMITTED BY:

Company:

Authorized Signature:

Signer's Printed Name:

Title:

Date:

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