State of Missouri Contract for Voting Equipment (SFS B2Z06004)
The Secretary of State is pleased to report that the State Division of Purchasing and Materials Management has awarded a contract to a voting equipment vendor, ES&S, under a state Single Feasible Source (SFS) procurement agreement. Local election authorities can purchase qualified equipment from this vendor directly from the state agreement and avoid having to issue a separate Request for Proposal (RFP) or negotiate individual terms and conditions with these vendors. Other vendors may sign onto the contract at a later date, but they will be required to accept the terms and conditions as contained in this SFS.
The state agreement includes numerous provisions to assist and protect you as you consider purchasing voting equipment. Some of those provisions include:
- 3 year warranty
- Firm, fixed pricing for equipment, training, and services for three years
- Forecasted pricing for an additional 5 years for maintenance and support
- Free software upgrades and software retrofits to voting equipment to comply with changes in federal or state law and any new federal voluntary voting system guidelines adopted by the Election Assistance Commission (EAC)
- A 10 day acceptance service usage test period ensuring 100% continual operational capacity in accordance with the contractor's documentation before the warranty starts and any invoices are paid to the vendor
- An affirmation from the vendor that it is capable of delivering the equipment ordered, regardless of its commitments to other customers, and a mechanism to reduce the price of voting equipment should delivery be delayed by the vendor
- Access for election authorities and the Secretary of State's office to confidential source codes held by a designated escrow agent
The terms and conditions included in this agreement are important to protect your purchase of voting equipment and further ensure confidence in our elections. A copy of the entire agreement is available on this webpage as a Microsoft Word document. Participating vendors' signature and pricing pages are also available on this webpage as PDF files. The formal contract award documents are available on the State of Missouri , Office of Administration, Division of Purchasing and Material Management's web site at http://www.oa.mo.gov/purch/cgi/display.cgi?contnum=C206004002. Finally, please note that not all vendors chose to sign onto this SFS agreement.
We encourage you to purchase your equipment from the state agreement and take advantage of the contract provisions and protections. However, if you choose to enter into your own contract with a vendor, please consider using language from the state agreement to help protect your jurisdiction.
As a reminder, vendors are prohibited by state law from selling any voting equipment that has not been qualified by the Secretary of State's office. For all voting equipment, make certain that you ask any vendor for a copy of their qualification certificate before you enter into any purchasing arrangement with them. A list of 2005 qualified voting equipment is on our website at http://www.s1.sos.mo.gov/elections/qualsystems.
As a further reminder, HAVA mandates that local election authorities comply with the voting system requirements in Section 301, including accessible voting equipment and second chance voting, by January 1, 2006. The Department of Justice (DOJ) interpreted this requirement in a March, 2005 letter from the DOJ to the State of Louisiana in which the DOJ stated:
"You inquire whether Section 301 requires Louisiana merely to havepurchased such a system by January 1, 2006 (the effective date of the Section), or whether the State must actually have the new voting system ready for use by that date. In our opinion, it is the latter."
For audit purposes, please remember that you must keep accurate records of how all HAVA funds are spent.
Thank you for your patience during this contractual process. We are confident that negotiating a strong agreement with vendors will be beneficial as you consider your voting equipment purchases in the near future. Please do not hesitate to call the office if you have any further questions.