PURCHASING MEMORANDUM

Transcription

1 New York State Office Of General Services Procurement Services Group Corning Tower Building Empire State Plaza Albany, New York PURCHASING MEMORANDUM BID SOLICITATION UPDATE RFI NUMBER: DATE: July 6, 2006 PLEASE ADDRESS INQUIRIES TO GROUP: VOTING SYSTEMS DESIGNATED CONTACTS: Lori L. Bahan Purchasing Officer I (518) lori.bahan@ogs.state.ny.us RETURN BY: July 18, 2006 Jamie Nusbaum Team Leader (518) jamie.nusbaum@ogs.state.ny.us SUBJECT: Exhibit 3 - Sample Certification & Acknowledgement forms issued by BOE and OGS TO PROSPECTIVE BIDDERS: Please review Exhibit 3. These are sample of the forms BOE and OGS will be providing to contractors before sales can be made. Both agencies may unilaterally modify these forms at any time without prior notice, these are only sample forms. Please make note of the change in the Designated Contacts. If submitting a bid, this letter should be signed, attached to, and made a part of your bid. BID OF (COMPANY): ADDRESS: CITY, STATE, ZIP: SIGNATURE OF BIDDER: PRINTED COPY OF SIGNATURE: DATE: * * * * * 20362p03.doc/T01llb

2 VOTING SYSTEMS AND RELATED SERVICES Page 46 Exhibit No. 3 Sample Certification and Authorization Forms 3a. BOARD OF ELECTIONS SAMPLE CERTIFICATION FORM 3b. OFFICE OF GENERAL SERVICES SAMPLE AUTHORIZATION FORM NOTE: The State Board of Elections and the Office of General Services retains the right to modify their respective forms.

3 VOTING SYSTEMS AND RELATED SERVICES Page 47 3a. BOARD OF ELECTIONS SAMPLE CERTIFICATION FORM VOTING SYSTEM CERTIFICATION Whereas, the, by letter dated, 2006, requested the New York State Board of Elections to certify their electronic voting machine, commonly known as the, and Whereas, said voting system was examined and tested pursuant to the provisions of The New York State Election Law Article 7 title II and Subtitle V of Title 9 of the Official Compilation of Codes, Rules and Regulations 6209 of the of the State Board of Elections, and Whereas, said voting system was determined to meet all statutory and regulatory provisions Whereas, has placed the source code for the above-captioned versions in an escrow account designated by the New York State Board of Elections, Now, therefore, the New York State Board of Elections and the New York State Office of General Services certifies that the voting system may be sold and used for elections conducted in the State of New York. The New York State Office of General Services as issued PC to for the NYS Term Contract for Voting Systems. Peter S. Kosiniski Co-Executive Director New York State Board of Elections Stanley L. Zalen Co-Executive Director New York State Board of Elections DATED:, 20

4 VOTING SYSTEMS AND RELATED SERVICES Page 48 3b. OFFICE OF GENERAL SERVICES SAMPLE AUTHORIZATION FORM STATE OF NEW YORK EXECUTIVE DEPARTMENT - OFFICE OF GENERAL SERVICES PROCUREMENT SERVICES GROUP Corning Tower 38 th Floor Empire State Plaza Albany, New York CONTRACTOR AUTHORIZATION TO SELL FORM OGS CONTRACT NO.: CONTRACT PERIOD: From: To GROUP NO. & DESCRIPTION: DATE OF SUBMISSION: VENDOR CONTACT: NAME: PHONE NO: FAX NO.: The above named Contractor is authorized to sell their Voting System commonly known as the in the State of New York. FOR OGS USE ONLY OGS APPROVAL: Name: Title: Director, Procurement Services Group Date:

5 New York State Office Of General Services Procurement Services Group Corning Tower Building Empire State Plaza Albany, New York PURCHASING MEMORANDUM BID SOLICITATION UPDATE RFI NUMBER: DATE: June 26, 2006 PLEASE ADDRESS INQUIRIES TO GROUP: VOTING SYSTEMS DESIGNATED CONTACTS: Lori L. Bahan Purchasing Officer I (518) lori.bahan@ogs.state.ny.us BID OPENING: July 18, 2006 Linda Holcomb Team Leader (518) linda.holcomb@ogs.state.ny.us SUBJECT: CLARIFICATION TO QUESTION 19 OF THE VENDOR QUESTIONS TO PROSPECTIVE BIDDERS: The original response to question #19 is withdrawn and the new response is as follows: Question #19 Exhibit No. 1 - new York State Election Law, Article 7, Title II, (Page 23) and Exhibit No. 2, Subtitle V of Title (F)(10) (Certification) (Page 42) - (bidder/contractor) is happy to escrow all source code to which (bidder/contractor) has access; however, (bidder/contractor) does not have access to source code from third party vendors (such as Microsoft) and cannot commit to escrowing such third party source code. New Response The following is a correction to the previous response to the vendor s comment stating that the vendor is unable to escrow source code which the vendor does not have access to: New York State Election law 7-208(1) states as follows: Prior to the use of any voting machine or system in any election in the state, on or after September first, two thousand six, the state board of elections and the local board of elections using such voting machine or system shall: Require that the manufacturer and/or vendor of such voting machine, system or equipment shall place into escrow with the state board of elections a complete copy of all programming, source coding and software employed by the voting machine, system or equipment which shall be used exclusively for purposes authorized by this chapter and shall be otherwise confidential. Further, all vendors are referred to New York s Voting System Standards Section (E) and (G)(10) for further direction as to escrow requirements. All vendors are advised that a failure to comply with any of the aforementioned escrow requirements will result in noncertification of that vendor s system. (continued) 20362p02.doc/T01mls

6 GROUP VOTING SYSTEMS PAGE 2 All other terms and conditions of the bid solicitation remain unchanged. All bids shall be considered on the basis of this amendment. BID OF (COMPANY): ADDRESS: CITY, STATE, ZIP: If submitting a bid, this letter should be signed, attached to, and made a part of your bid. SIGNATURE OF BIDDER: PRINTED COPY OF SIGNATURE: DATE: * * * * * 20362p02.doc/T01mls

7 OFFICE OF GENERAL SERVICES PROCUREMENT SERVICES GROUP Procurement of Voting Machines that meet Help America Vote Act Requirements BACKGROUND: The Office of General Services (OGS) Procurement Services Group (PSG) provides centralized statewide contracts for commodities, services and technology for use by all state agencies, political subdivisions and others authorized by law (such as County Boards of Elections) to use state contracts. To comply with the Help America Vote Act (HAVA), New York State is required to replace 10,000 to 20,000 lever action voting machines with new machines complying with the requirements of HAVA. These machines need to be delivered, tested, and be ready for operation as well as having personnel trained in the use of these machines by September The New York State Board of Elections (BOE) has developed Voting Systems standards that are contained in the contract. In conjunction with OGS, the State BOE has also awarded a contract for the independent testing of machines to certify compliance with these standards. A copy of the contract and standards that prospective contractors must meet is available via link below that says Contract Template. PLAN: The State has a two step plan for negotiating and awarding contracts for voting machines to eligible and qualified contractors. A two step contracting process is required because the State cannot wait until machines are certified to begin the contracting process. This creates a need to develop contracts for the purchase of new voting machines concurrently with the development of contracts and procedures for the testing and certification of the machines. 1. Step 1 in the procurement process is that bidder submitting voting systems that comply with the mandates of New York State Election Law, and meet the election Assistance Commissions 2005 Voluntary Voting Systems Guidelines ( ( to the extent that they are consistent with state law. OGS will then negotiate the contract and award a contract for all such systems submitted for purchase and for leasing. All bidders must submit a purchase price, leasing pricing is an option. However, the contractor is not yet authorized to actually sell voting systems to County Boards of Elections or others authorized by law until step 2 is completed. 2. Step 2 will occur after contracts are awarded. As contracts are being processed, the BOE will also examine, test and certify the proposed machines. Prospective contractors should be aware that there may be an application fee of $5,000, unless such requirement is waived by the BOE, and testing costs could run up to $40,000 unless such requirement is waived by the BOE. Proposed contractors should contact the BOE designated contacts listed below for proposed requirements. Once the BOE certifies and approves the machine for purchase, OGS will notify the contractor that the machine(s) is approved fro purchases under the contract. Additionally, upon certification, OGS in conjunction with BOE, may survey the various counties/election districts for the machines/type of machines they wish to purchase and the quantities. At that point we anticipate either an aggregated buy or negotiation with the contractor for best and final pricing for the purchase of the specific quantities of machines. An additional requirement that must be met is that the contractor demonstrates that it: 1. Is the manufacturer or an authorized dealer for the machines being submitted for contract 2. Have adequate financial and other resources to implement a statewide contract to all county BOEs. 3. Is a responsible contractor as evidenced by the State Standard Vendor Responsibility Questionnaire *SVRQ) contained in the contract template (see below link). 4. Demonstrates it meets all other requirements of the contract. If you meet these requirements and are interested in submitting a proposal to receive a state contract, please download the contract template by clicking the link below. CONTRACT TEMPLATE Responses to the contract template should be made to the OGS Designated Contact. Initial responses are due by July 18, Continuous Recruitment will begin on July 19, All responses will be reviewed in the order which they are received. NOTE: Under the State s new procurement lobbying legislation, contacts regarding this procurement can only be made to specific designated contacts. For this procurement the designated contacts are: DESIGNATED STATE CONTACTS: OGS Procurement Services Group Lori L. Bahan - Purchasing Officer I Telephone No. (518) lori.bahan@ogs.state.ny.us Linda Holcomb - Team Leader Telephone No. (518) linda.holcomb@ogs.state.ny.us Anna Svizzero Director of Election Operations Telephone No. (518) asvizzero@elections.state.ny.us DESIGNATED STATE CONTACTS: Board of Elections Allison Carr Deputy Director of Election Operations Telephone No. (518) acarr@elections.state.ny.us John Ferri Voting Equipment Technician Telephone No. (518) jferri@elections.state.ny.us

8 New York State Office Of General Services Procurement Services Group Corning Tower Building Empire State Plaza Albany, New York PURCHASING MEMORANDUM RFI NUMBER: DATE: June 19, 2006 PLEASE ADDRESS INQUIRIES TO GROUP: VOTING SYSTEMS DESIGNATED CONTACTS: Lori L. Bahan Purchasing Officer I (518) lori.bahan@ogs.state.ny.us RETURN BY : July 18, 2006 Linda Holcomb Team Leader (518) linda.holcomb@ogs.state.ny.us SUBJECT: Response to questions submitted after the Request for Information on June 1, 2006 TO PROSPECTIVE BIDDERS: QUESTION #1 Regarding PLL (Procurement Lobby Law), what about existing relationships that occur under Plan B? RESPONSE Once the Plan A Step 1 and Step 2 are completed and the bidder/contractor is issued final notification of award and the right to sell, the "restricted period" of the Procurement Lobby Law has ended for Plan A. Prior to that time, if vendors have Plan B systems in place, only issues regarding Plan B can be discussed, training done, systems maintained, etc. Plan A should not be a topic of discussion unless it is with the "designated contacts". QUESTION #2 Clarify the Counties role in the solicitation process regarding PLL. RESPONSE Counties may ask factual questions, be involved in demonstrations, etc., but attempts to influence the procurement of Plan A are strictly prohibited. QUESTION #3 Does the "First In, First Out" apply to both organizations (OGS and BOE)? RESPONSE In either agency, (Board of Elections [BOE] or Office of General Services [OGS]), "first in, first out" means that the first proposal will be reviewed first. It will generally apply, unless there are issues with either the solicitation or certification process for that vendor. Those solicitations and/or voting systems that have no issues will continue in the process more expeditiously FAQ.doc/T01 (continued)

9 GROUP VOTING SYSTEMS PAGE 2 QUESTION #4 During the certification process, if the BOE requires changes or modifications, does the vendor have to submit a new bid? RESPONSE Vendors are requested to submit their proposal in as comprehensive a manner as possible with all options available. A new bid/contract will not be required, but to add new items will cause a delay. QUESTION #5 If you have one product now and another being developed, can we keep the same contract and wait for BOE certification for the new machine? RESPONSE The "Product Add" clause of the solicitation allows for this and does not require a new contract approval process. After certification, the new product and pricing will be reviewed for approval and addition to the vendor's current contract. QUESTION #6 Will the vendor have to respond to each item in the (solicitation) starting on Page 1 and continuing through Page 46? RESPONSE Only those pages of the bid that require the contractor's information, questions answered, etc. need responses. The actual Request For Proposal that will be let out by OGS will vary slightly from the Draft Request for Information. Generally, the contractor's response is found in the Appendix E submissions, inclusive of contractor's response to those submissions. QUESTION #7 Is Appendix D being supplied for future reference only, therefore not requiring a written vendor response? RESPONSE Appendix D is to be used only for updates to the contractor's offerings/price lists after the awards are made. This form should be submitted with the changes/updates as and when they occur. QUESTION #8 On page 23 (of the RFI), the last paragraph states the following: " Elimination of punch card ballots. Notwithstanding any other provision of law, on or after September first, two thousand six, no punch card ballot or punch card voting system shall be used in any manner in the conduct of any election." We understand the unavoidable implications of this State election law excerpt. In our estimation, however, replacing every level machine with a new voting machine and meeting the law's September deadline is not feasible. Given the present timeline, has the State adopted a plan that: A) meets the legal requirement (above); and B) is feasible-considering the delivery, implementation, testing, training and voter outreach perspective requirements (necessary for a project of this size)? If so, what is that plan? RESPONSE As we clarified at the request for information meeting, new full face ballot voting machines resulting from these contracts are to be ordered, manufactured, delivered, installed and training completed in time for the September 2007 primary, not September Please refer to (A) (4) (a) of the regulations for information relating to delivery. A detailed plan for implementation will be drafted and provided to all vendors who have submitted applications. QUESTION #9 On page 3 (of the RFI), the second paragraph refers to voting systems meeting the EAC's 2005 Voluntary Voting Systems Guidelines, which are consistent with state law. Upon certification to 2005 guidelines, the State will then negotiate the contract. The 2005 guidelines do not take effect until December At this point, no voting system vendor meets the 2005 guidelines. Is it the intent of the State and OGS to wait until 2007 to award a contract? RESPONSE No p01.doc/T01 (continued)

10 GROUP VOTING SYSTEMS PAGE 3 QUESTION #10 In Appendix B, paragraph 48 addresses risk and loss. We addressed this issue in the previous RFP (IFB) and believe it was denied. Our suggestion is that risk of loss pass when equipment is delivered since (vendor) is no longer in control of the equipment. However, this paragraph also states that the acceptance period can be mutually agreed to. In the event that the State and OGS will not agree to risk of loss passing at equipment delivery, we would like to propose that acceptance period be defined as a specific number of days (10 days). RESPONSE Please refer to Appendix B, Clause 13. QUESTION #11 Clarification of Section 8 of the Request for Information (RFI) (Internet Access to Contract & Pricing Information) RESPONSE OGS may require the Contractor be responsible for providing a dedicated NYS contract website that provides details of the equipment/system under contract and all associated prices. Product not specifically covered under this contract cannot be made available or promoted on this website. It would be the Contractor's responsibility to keep this site maintained with up-to-date pricing after approvals by OGS. OGS may elect to make the price lists available at the OGS website; however, it is more beneficial for the Contractor to have their product information and specifications available on a dedicated website for customer access. Product specifications and brochures will not be made available on the OGS website. QUESTION #12 Please explain the inference on section 8 page 7 to facilitate web based contract and pricing? Will this be required by the vendor? RESPONSE See response to Question #11. The following are questions regarding #8, Internet Access to Contract & Pricing Information requirements located on Page 7, of the Draft RFI: QUESTION #13(a) a. Is this optional or mandatory? If we have a static, simple price list and a simple ordering process, why would we need such a website function? RESPONSE a. It has not been decided at this time if it is required. The statement says that OGS "may" require, etc. A simple web option as stated here would suffice, but it would be to the vendor's benefit, as well as customer friendly, if more information on the vendor's product were available. QUESTION #13(b) b. If this requirement is mandatory, how much time would we have to implement it? RESPONSE b. This will be mutually determined with each contractor at that time based upon the specific facts available at that time, which are not currently available. QUESTION #13(c) c. Can the State make any recommendations on third party COTS products or services that comply with these requirements? RESPONSE c. The state cannot and does not recommend any specific products. To do so would create an unlevel playing field for the vendor community p01.doc/T01 (continued)

11 GROUP VOTING SYSTEMS PAGE 4 QUESTION #13(d) d. Who, from the State, would be accessing the system? RESPONSE d. This would be a public website, however, if ordering is available via the website, only authorized NYS contract end users should be given the ability to do so (i.e., pre-authorized customer number from the vendor, etc.) QUESTION #13(e) e. How many total users? How many total concurrent users at the peak usage points? RESPONSE e. This is unknown at this time. These will be considered "Statewide" contracts. It would be believed that the State and County BOE's will be accessing this at any given time, as well as by OGS contract administrators. QUESTION #13(f) f. Can we implement such a capability as a component of a greater system that includes other company products, or does our pricing system need to be one dedicated to (the vendor)? RESPONSE f. This would be permitted provided that there is a clear distinction between those products available under the State contract and those products not available under the state contract. QUESTION #13(g) g. Are there different types of users that will be accessing this site (i.e., administrative user that can see more information than the general user)? RESPONSE g. All users will have access to the same information. QUESTION #13(h) h. Will the "shopping cart" require order tracking? RESPONSE h. We do not anticipate that being a requirement of the contract. However, such a service could facilitate ordering under the contract. QUESTION #14 Can you point us to the NY rules that state how many races and parties must be displayed on a full face ballot? RESPONSE There is no rule applying a specific number of races. All candidates for all races must appear on a single surface. QUESTION #15 The NY law states that the ballot must appear on a "single surface." Would multiple screens, arranged in a grid, each showing a portion of the ballot, be considered a "single surface"? RESPONSE Yes. See response to Question #14. QUESTION #16 Section 3 on Page 3 of your recently issued draft states: "Voting Systems must present a full face ballot except that optical scan systems must present all candidates for office on one side, and may present any referenda on the other side of the ballot". If such a ballot is marked by an electronic device for both disabled and able bodied voters, must that electronic marking device also display the ballot to voters in a "full face" format? RESPONSE 20362p01.doc/T01 (continued)

12 GROUP VOTING SYSTEMS PAGE 5 Due to the complexity and variations of styles of voting systems, it is impossible to provide a single answer to be applied to all systems. Each system must be reviewed individually for compliance with this requirement p01.doc/T01 (continued)

13 GROUP VOTING SYSTEMS PAGE 6 QUESTION #17 For clarification, the paper ballot will be the one and only item to be counted. It will be marked by the voters making choices on a screen of some kind. Even though the paper ballot itself - that which will be tabulated - will be full face, must the display used to mark the ballot also be full face? RESPONSE See response to Question #16. QUESTION #18 What is the expected date of first use? RESPONSE September However, ordering, etc. are expected to occur as early as January 2007, possibly sooner. QUESTION #19 Exhibit No. 1 - New York State Election Law, Article 7, Title II, (Page 23) and Exhibit No. 2, Subtitle V of Title (F)(10) (Certification) (Page 42) - (bidder/contractor) is happy to escrow all source code to which (bidder/contractor) has access; however, (bidder/contractor) does not have access to source code from third party vendors (such as Microsoft) and cannot commit to escrowing such third party source code. RESPONSE This is an acceptable statement. QUESTION #20 Why is Appendix A ranked higher in order of precedence than the Contract? How does this effect specified provision that allows amendments or modifications of the terms and conditions with mutual understanding under Section 1? RESPONSE Appendix A is New York State statutory law and takes precedence over any other terms and conditions. There can be no exceptions or changes to Appendix A. It should have no real bearing on contract amendments or updates, which are also subject to the provisions of law. QUESTION #21 The Award will be made in two steps. What if the second step leads to system modifications, and a consequential price amendment? How will the RFI accommodate various changes in scope possibly necessitated by Step 2? RESPONSE As OGS Procurement Services Group proceeds with the negotiations of the actual "contracting" process, pricing amendments may be provided for review if system modifications are required and this would reflect on the bidder's initial offering. At the pre-bid conference held on June 1st, it was recommended to all bidders that pricing for every option be offered at the initial bid opening thereby eliminating the need for price adjustments for any modifications required during the certification process. Refer to the response to questions 5 above also. QUESTION #22 Please explain who will be actually ordering equipment. Contract states "authorized users" (county board of elections) have the ability to generate purchase orders for submission for execution by vendor. RESPONSE The initial purchases of equipment will be made by OGS Finance for the NYS Board of Elections as customer agency per the selections made by the individual county BOE's. After the initial purchases are done, throughout the remainder of the contract period, county BOE's may make their own individual purchases directly with the contractor, but only for NYS certified equipment that has been pre-approved and contained within the NYS contract; unless it falls under the non-contract purchase as mentioned above. Again, all voting systems offered county BOE's must be NYS certified p01.doc/T01 (continued)

14 GROUP VOTING SYSTEMS PAGE 7 QUESTION #23 What are the terms of payment from the state controllers' office once sales commitments are final? Will the final specification include the process and methods in which payment will be submitted? RESPONSE Please see the Ordering and Billing clause of the final bid. Other than the specific ordering and billing information provided in this clause, New York "State" agencies are required by law to make payment within 30 days after receipt of invoice or goods (or installation and acceptance of goods/services), whichever is later. Non-"State" agencies (local governments), must make payment within 90 days. Also, refer to the clauses regarding electronic fund transfer of payments by the Office of the State Comptroller which might serve to expedite payments. What is the schedule/planning/milestones definition for the remainder of the RFI process from this point forward? QUESTION #24 (a) a. When do we need to submit all required information components? RESPONSE a. All bids and pricing must be received by the "Bid Opening" date and time listed on the cover page of the bid, which is July 18, QUESTION #24 (b) b. When will OGS open it and review these? RESPONSE b. See the "Bid Opening" date and time listed on the cover page of the bid. OGS Procurement Services Group will begin evaluation of contract proposal responses shortly thereafter and may start as soon as proposals are received since this is not a formal bid opening. QUESTION #24 (c) c. When will step 1 start? RESPONSE c. Step 1 starts when proposal responses are received (this does not reflect the restricted period for Procurement Lobby Law, which starts upon notice in the NYS Contract Reporter, Monday, June 19, 2006). QUESTION #24 (d) d. When will step 1 be concluded? RESPONSE d. As each negotiation with vendor is complete and all documentation is provided, complete and correct, recommendations for award will be sent to OSC for review and approval. Step 1 will not be totally complete until all approvals are received from OSC. QUESTION #24 (e) e. When will the State Attorney General and State Comptroller review and approve results from step 1? RESPONSE e. See above response to 24 (d) p01.doc/T01 (continued)

15 GROUP VOTING SYSTEMS PAGE 8 QUESTION #24 (f) f. When will step 2 start? RESPONSE f. When the vendor has completed a BOE application for certification and BOE has initiated the certification process the voting system. Vendors may start the step 2 process while step 1 is still being completed. Step 1 does not have to be completed before step 2 is started. QUESTION #24 (g) g. When will step 2 be concluded? RESPONSE g. For each vendor, it will be after their voting system has been tested and certified. QUESTION #25 When will Authorized users be allowed to buy/order? RESPONSE See Response to Question #22. QUESTION #26 When does the agency believe that Authorized Users will need to receive the systems, including related training and implementation services? RESPONSE Please refer to (A) (4) (a) of the regulations. QUESTION #27 Will there be a written transcript of the pre-bid conference available to participants who were present? RESPONSE No, this question and answer document, along with the documents handed out at the request for information meeting, serves as a summary of the meeting. QUESTION #28 Will the final "contract template" include more detailed specifications for scope of products and services that will be procured? RESPONSE The "Contract Scope/Term" will suffice for specifications along with the New York State rules and regulations. QUESTION #29 Can an acceptable sample "Consent and Acknowledgement Agreement" be supplied for review? RESPONSE Vendor may contact one of the OGS PSG designated contacts and a copy of this sample form can be ed to the requestor. QUESTION #30 Page 19: #1 Please clarify the "minimum level of assistance" conducted during the first year in which the system is used. RESPONSE This section is misquoted. No minimum exists p01.doc/T01 (continued)

16 GROUP VOTING SYSTEMS PAGE 9 QUESTION #31 Page 19: #2 Please specify or define "sufficient bond value" that is to be determined by NYSBOE. RESPONSE To be determined by the State Board of Elections QUESTION #32 As specified in the Plan B procurement: Can a designated reseller/distributor, which are authorized by the manufacturer, be considered as the "contractor" in this procurement? RESPONSE If it is the "manufacturer" that responds to the bid, it will be the "manufacturer" considered as the contractor of record. This manufacturer/contractor may designate one or more local resellers to provide equipment and/or servicing. This information must be supplied to OGS PSG. Resellers will have the role designated by the manufacturer and that role can include taking orders and receiving payments. QUESTION #33 Will the agency accept a bonafide joint venture between two organizations that have collaborated on the development and manufacturing of a certified system as a contractor under this procurement? RESPONSE The joint venture must be a verifiable business of record. This business/company will be considered the contractor of record. One of the joint venture companies must serve as the lead company. QUESTION #34 Will the agency consider including its understanding of allowable communication and contact between potential vendors and authorized user in this solicitation? RESPONSE Additional clarification for Procurement Lobbying as it pertains to the county BOEs will be addressed in the final contract template document p01.doc/T01 (continued)

17 New York State Contract # Contractor Reference # STATE OF NEW YORK EXECUTIVE DEPARTMENT OFFICE OF GENERAL SERVICES CONTINUOUS RECRUITMENT FOR THE CENTRALIZED CONTRACT FOR THE ACQUISITION OF VOTING SYSTEMS AND RELATED SERVICES [INSERT: CONTRACTOR NAME] DESIGNATED STATE CONTACTS: OGS Procurement Services Group Lori L. Bahan - Purchasing Officer I Telephone No. (518) lori.bahan@ogs.state.ny.us Jamie Nusbaum - Team Leader Telephone No. (518) jamie.nusbaum@ogs.state.ny.us Anna Svizzero Director of Election Operations Telephone No. (518) asvizzero@elections.state.ny.us DESIGNATED STATE CONTACTS: Board of Elections Allison Carr Deputy Director of Election Operations Telephone No. (518) acarr@elections.state.ny.us John Ferri Voting Equipment Technician Telephone No. (518) jferri@elections.state.ny.us The bid must be fully and properly executed by an authorized person. By signing you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this INVITATION FOR BIDS, Appendix A (Standard Clauses For New York State Contracts), Appendix B (OGS General Specifications), Executive Order 127 (Procurement Disclosure) and State Finance Law 139-j and 139-k (Procurement Lobbying), and that all information provided is complete, true and accurate. By signing, bidder affirms that it understands and agrees to comply with the OGS procedures relative to permissible contacts as required by State Finance Law 139-j (3) and 139-j (6) (b). Information may be accessed at: Executive Order 127: Procurement Lobbying: THIS CONTRACT is for the acquisition (purchase or lease) of voting systems accessories, consumables, training, maintenance and other related services (including, but not limited to, consulting and training), made between the People of the State of New York, acting by and through the Commissioner of the Office of General Services (hereinafter State or OGS ) whose principal place of business is the 41st Floor, Corning Tower, The Governor Nelson A. Rockefeller Empire State Plaza, Albany, New York 12242, pursuant to authority granted under New York State Finance Law, 163, and (hereinafter Contractor ), with its principal place of business at PROCUREMENT LOBBYING TERMINATION: OGS reserves the right to terminate this contract in the event it is found that the certification filed by the Offerer/bidder in accordance with New York State Finance Law 139-k was intentionally false or intentionally incomplete. Upon such finding, OGS may exercise its termination right by providing written notification to the Offerer/bidder in accordance with the written notification terms of this contract. VotingSystemsTemplate.doc

18 VOTING SYSTEMS AND RELATED SERVICES Page 2 SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING: Pursuant to State Finance Law 139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between OGS and an Offerer/bidder during the procurement process. An Offerer/bidder is restricted from making contacts from the earliest notice of intent to solicit offers/bids through final award and approval of the Procurement Contract by OGS and, if applicable, the Office of the State Comptroller ( restricted period ) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law 139-j (3) (a). Designated staff, as of the date hereof, is identified on the first page of this solicitation. OGS employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the Offerer/bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four-year period, the Offerer/bidder is debarred from obtaining governmental Procurement Contracts. Further information about these requirements can be found on the OGS website: 1. CONTRACT SCOPE / TERM This document (hereinafter Contract ) sets forth the terms and conditions governing the acquisition (purchase or lease) of voting systems, accessories, consumables, training, maintenance and other related services (including, but not limited to, consulting and training). Contractors will be required to meet the Help America Vote Act of 2002 and the NYS Election Laws (refer to Exhibit 1). Terms used in this document shall have the meanings set forth in Appendix B. Amendments or modifications to the terms and conditions set forth herein may only be made with mutual written agreement of the parties and with the approval of the New York State Comptroller. The term of this Contract shall be five (5) years commencing on the date of approval by the New York State Comptroller effective upon mailing by OGS (see Appendix B, Clause 38). The parties may renew the contract, upon approval of the NYS Comptroller, upon expiration of the original term for an additional five (5) year term. Upon termination of the Contract, all rights and obligations set forth herein shall survive in accordance with their terms as to procurements made or individual licenses granted to Authorized Users prior to such termination. This Contract is available for use by all Authorized Users (See Appendix B, Definitions, and Participation in Centralized Contracts) and may be extended with the joint approval of the Contractor and the Commissioner for joint purchasing by any department, agency or instrumentality of the United States government and/or any state including political subdivisions thereof ( other authorized entities ). In the event that this Contract is so extended, such other authorized entities shall be solely responsible for liability and performance under the Contract, and Contractor agrees to hold them solely responsible for such liability and performance. NOTE: for the purposes of this contract authorizes users will largely consist of the individual County Boards of Elections. 2. MERGER OF APPENDICES/CONFLICT OF CLAUSES This Contract shall incorporate the following appendices as if set forth herein at length. Only documents expressly enumerated below shall be deemed a part of this Contract, and references contained in those documents to additional Contractor documents not enumerated below shall be of no force and effect. Conflicts between these documents shall be resolved in the following descending order of precedence, which supersedes the order of precedence stated in Appendix B: Appendix A Standard Clauses for NYS Contracts Contract (This Document) Exhibit 1 New York State Election Law Article 7 Title II Exhibit 2 Subtitle V of Title 9 of the Official Compilation of Codes, Rules and Regulations Part 6209 Exhibit 3 Sample Certification and Authorization Forms Appendix B OGS General Specifications Appendix C Mandatory: Contractor's Executive Law, Article 15-A (M/WBE) Requirements Appendix D Contract Update Form (For Product and Pricing Updates) Appendix E Required Contractor Submissions: # 1 Mandatory Contractor Questionnaire # 2 Contractor, Reseller & Distributor Information # 2A Bidder Disclosure Form # 3 NYS Net Prices (Prices for Product, Maintenance, Consulting and Training Services) # 4 Maintenance & Support (Description of Services) # 5 Consulting and Training (Description of Services & Course Offerings)

19 VOTING SYSTEMS AND RELATED SERVICES Page 3 3. PRODUCT OFFERINGS Voting systems, accessories, consumables, maintenance, services and training are available from this contract. Voting Systems must present a full face ballot except that optical scan systems must present all candidates for office on one side, and may present any referenda on the other side of the ballot. Bidder must offer a complete product list with pricing for every voting machine or system the contractor intends to submit to the State Board of Elections (BOE) for certification. When submitting pricing the contractor should refer to Appendix E, submissions 3, 4, and 5 for what to submit. Award will be made as a two step process; the first step will include the bidder submitting voting systems that comply with the mandates of New York State Election Law, and meet the Election Assistance Commissions 2005 Voluntary Voting Systems Guidelines ( ( to the extent that they are consistent with state law. OGS will then negotiate the contract and award a contract for all such systems submitted for purchase and for leasing. However, the Contractor is not yet authorized to actually sell voting systems to County Boards of Elections or others authorized by law until step 2 is completed. NOTE: Any negotiations with pricing shall be made in writing with the Designated Contacts from OGS. The second step is the State BOE will certify voting systems for use in New York State. Upon completion of the certification process, OGS, in conjunction with the state BOE, will approve the certified systems for purchases under the contract. Products and services available under this Contract are set forth in Appendix E (Submission #3, 4 and 5). These offerings may be updated during the Contract term to incorporate new Product offerings, and price revisions and to delete items. Offering updates must be submitted under the Contract as soon as possible after they are announced by Contractor. Any new products being offered must be authorized by NYS BOE. NOTE: Issues involving the system certification are to be referred to the Designated Contacts for BOE A. Manufacturer s Product Line: Proprietary Product(s) developed by Contractor and offered either under Contractor s U.S. Commercial Price List or under a GSA Supply Schedule, may be included under this Contract. B. Third Party Products: To the extent that the Contractor s U.S. Commercial Price List includes third party Products other than Manufacturer s proprietary line, which third party products overlap with offerings under other State Contracts, the State reserves the right, in its sole judgment, to exclude or delete all items from this Contract, or to include such items under this Contract only if the Contractor offers it at or below the alternative Contract price. Only third party Products which are included in the Contractor s U.S. Commercial Price List may be sold under this Contract. C. Services: Authorized Users may acquire services, including maintenance, consulting, and training, under this Contract. Consulting and training services as set forth in Appendix E (Submission #5) may be acquired from Contractor on a limited basis. 4. CONTRACT ADMINISTRATION A. Contract Administrator: Contractor must provide a dedicated Contract administrator to support the updating and management of the Contract on a timely basis. Information regarding the administrator shall be set forth in Appendix E (Submission #3). B. Toll Free Number: Contractor must provide a toll free telephone number for order tracking/delivery schedule information, Contract administration issues, as well as other questions by Authorized Users related to the day to day operation and use of the Contract other than Product support. The toll free number must be available Monday through Friday on State business days between the hours of 8 a.m. to 5 p.m., Eastern Time. The number shall be set forth in Appendix E (Submission #3). Contractor may additionally offer an online or Internet site for order tracking/delivery schedule information for those customers who have electronic access. C. Procedures for Updating Contract Price & Product Listings NOTE: THE FOLLOWING PROCEDURES ARE NOT APPLICABLE TO CONTRACTOR PROPOSED CHANGES TO CONTRACT TERMS AND CONDITIONS. Any implied or express request for changes in or additions to existing Contract terms and conditions, including new terms and conditions associated with a specific Product line being added to the Contract for the first time, requires a formal Contract amendment and requires the approval of OGS, the NYS Attorney General and the NYS Comptroller. New or revised Contract terms and conditions are subject to the restrictions set forth in Appendix B, Section 40. ORDERS, BILLING AND PAYMENTS:

20 VOTING SYSTEMS AND RELATED SERVICES Page 4 It is the intention of the NYS Board of Elections, after certification of voting systems are complete and awards approved by the Office of the State Comptroller, to survey the individual County Boards of Elections to compile their selections for initial negotiated aggregate purchases to be made by OGS for the NYS BOE. OGS Finance will issue individual Purchase Orders per Contractor per each County BOE requisition or per polling site. There may be multiple delivery locations per each Purchase Order. Future orders for voting systems not included in the initial aggregate purchases, will be made directly from the customer agency to the vendor. Payments for each Purchase Order cannot be processed until the contract products have been accepted in satisfactory condition and/or services have been satisfactorily performed. Payment will be based on any invoice used in the supplier's normal course of business and sent directly to the "ordering agency" as directed on the Purchase Order. Such invoices must contain sufficient data including but not limited to Purchase Order number, description of product and/or service, quantity, unit, price per unit and Federal Identification Number. State facilities are required to forward properly completed vouchers to the Office of the State Comptroller for audit and payment. All facilities are urged to process every completed voucher expeditiously giving particular attention to those involving cash discounts from prompt payment. If the contract terms indicate political subdivisions and others authorized by law are allowed to participate, those entities are required to make payments directly to the contractor. Prior to processing such payments, the contractor may be required to complete the ordering non-state agency's own voucher form. See "Contract Billings" in Appendix B, OGS General Specifications

21 VOTING SYSTEMS AND RELATED SERVICES Page 5 The following guidelines and Appendix E, Contract Update Form attached to this Contract are subject to change at the discretion of OGS. (1) TYPES OF CONTRACT UPDATES: In order to expedite processing of a change request, where proposed changes involve more than one category below, they should be submitted to OGS as totally separate requests. a) AUTO ADDS / DELETIONS Auto Adds/Deletions are Contract changes and updates made in accordance with the previously approved Contract pricing formula; e.g., a discount from list or pricing based on an approved GSA-based price Schedule. Auto Adds do not include any price increases. Auto Adds/Deletions include: i) adding new products within the established, previously approved pricing structure, ii) lowering pricing for Products previously incorporated under the Contract, and iii) deleting Products previously incorporated under the Contract. For categories (i) and (ii) Auto Adds: Contractor shall automatically update the Contract price list and may proceed with selling Products without prior approval of either OGS or the Comptroller. Contractor should note, however, that all Auto Adds approved by OGS are subject to a post audit by the Office of the State Comptroller. For category (iii) Auto Deletions, at the end of and subject to the period specified in Appendix B, Clause 80 ( Changes in Product or Service Offerings ). Contractor may automatically update the Contract price list by deleting the Product(s), without prior approval of either OGS or the Comptroller. All auto adds must be immediately posted electronically by the Contractor at the Contract web site. b) REGULAR ADD - Regular Adds are requests for i) price increases for Products which are already incorporated under the Contract, and ii) addition of new products to the Contract which do not fall under the previously established price structure or discounts for Product types previously approved under the Contract. Regular Adds include rebundled Products or Services. Regular Adds must be submitted to OGS for prior approval, and must be accompanied by a justification of reasonableness of price. Regular Adds are subject to pre-audit by the Comptroller. If approved, OGS staff will notify Contractor in writing. Price increases or new product offerings may not be electronically posted by Contractor until after receipt of OGS approval of the Regular Add. When the Contract pricing is based on GSA prices, the revised prices or prices of new Products must reflect current GSA prices adjusted as necessary for any additional discounts. c) SPECIAL ADD Contract changes and updates that do not fall within either of the above categories, will be processed as Special Adds. Special Adds are changes that are not specifically covered by the terms of the Contract but inclusion is found to be in the best interest of the State. Contractor must provide a justification of reasonableness of the prices offered and a statement explaining why it is in the best interest of the State to approve the new Products. Special Adds are subject to pre-audit by the Office of the State Comptroller. If approved, OGS staff will notify Contractor in writing. New offerings may not be electronically posted by Contractor until after receipt of OGS approval of the Special Add. d) CHANGES IN RESELLER LIST - If the Contractor allows resellers to participate in the contract in accordance with the Use of Resellers/Distributors clause of this Contract, requests to add or delete resellers or to modify reseller information must be submitted for prior approval of the State. Contractor may request changes to the designated Reseller List by submission of a completed, revised Appendix E, Submission # 2. (2) CONTRACTOR S SUBMISSION OF CONTRACT UPDATES: In connection with any Contract update, OGS reserves the right to: request additional information reject Contract updates remove Products from Contracts remove Products from Contract updates request additional discounts for new or existing Products

22 VOTING SYSTEMS AND RELATED SERVICES Page 6 (3) PRICE JUSTIFICATION FORMAT: Contractor is required to submit the Product and price information for the update in an Excel spreadsheet format in hard copy in triplicate and on a floppy disk or electronically via to the OGS Purchasing Officer. The list must be dated and the format should be consistent with the format of the price list(s) included in the NYS Net Price appendix of this Contract. The price list should separately include and identify (e.g., by use of separate worksheets or by using italics, bold and/or color fonts): Price increases Products being added The State reserves the right to require a revised NYS Net Price List at any time during the Contract period, and it will be requested if there have been numerous updates since the last complete update. Each updated price list must include the date the price list was prepared. (4) SUPPORTING DOCUMENTATION: Each update request must include the current U.S. commercial price list relevant to the Products included in the update. If the NYS Net Prices are based on a GSA Schedule, the current GSA Schedule must also be included with the update request. Requested price increases not based on an approved GSA schedule must also include a copy of the current National Consumer Price Index as described in the Payments/Pricing section of the Contract. (5) COVER LETTERS: A Contract update must be accompanied by three (3) copies of the Contract Update Form set forth in Appendix E. Contractor should briefly describe the nature and purpose of the update (e.g., update requested in order to reflect a recently approved GSA schedule, to restructure the pricing to its Licensees generally, and/or for new Products or services which fall into a new group or category that did not exist at the time of approval of the Contract by the New York State Comptroller, etc.). Each of the three copies of the Contract Update Form must contain original signatures by an individual authorized to sign on behalf of Contractor, and an original corporate acknowledgment (see below). 5. USE OF RE-SELLERS/DISTRIBUTORS: Contractor must provide service, sales and support staff to service Authorized Users (County BOE) geographically located at multiple purchasing locations throughout New York State. Contractor shall insure that sufficient resources are available directly, or through Resellers/Distributors to insure maximum service capability throughout the State. The State agrees to permit Contractor to utilize approved, designated value added resellers (VARs), distributors and dealers ( Resellers ) to participate as alternate distribution sources for Contractor. Such participation is subject to the following conditions: A. Designation of Reseller(s): Contractor shall specify whether orders must be placed directly with Contractor, or may be placed directly with designated Reseller(s). When Reseller(s) are submitted for approval, Contractor must provide the State, in advance, with all necessary ordering, billing addresses and Federal Identification numbers in the format provided in Appendix E (Submission #2). B. Conditions of Participation: Reseller(s) must be approved in advance by the State as a condition of eligibility under this section. The State also reserves the right to rescind any such participation or request that Contractor name additional Resellers, in the best interests of the State, at the State s sole discretion, at any time. Contractor shall have the right to qualify Reseller(s) and their participation as fulfillment agents under this Contract by product line, contracting program (i.e., county government), geographic region, size/sales volume, technical training or other criteria ( qualifying criteria ), provided that: i) such qualifying criteria are uniformly applied to all potential Resellers based upon Contractor s established, neutrally applied governmental program criteria, and not to a particular procurement; ii) all general categories of qualifying criteria must be disclosed by the Contractor to the State, in advance, at the beginning of the Contract term, and iii) those qualifying criteria met by the Reseller must be identified on the form provided in Appendix E (Submission #2) at the time that Reseller approval is requested under this paragraph; and iv) immediate advance notice is provided to OGS in the event that a change in Reseller s status occurs during the Contract term.