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Uniform Statewide Voting System RFP

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Uniform Statewide Voting System RFP Powered By Docstoc
					                                                                         Solicitation   : 04-S6579
                           State of South Carolina                       Run Date       : 06/09/2004 06:06 PM
                                                                         Issue Date     : 06/09/2004
                                    Request for Proposal                 Buyer          : Wanda J. Dixon
                                                                         Phone          : (803) 896-5251
                                                                         Email          : wdixon@cio.sc.gov


Description: Services and Products for a Uniform State Voting System for the South Carolina State Election
Commission (Re-solicitation)

Return Bid No Later Than…(Opening Date/Time): 07/09/2004 02:30 pm                                Posting Date: 07/16/2004

Posting Location:                                                                              www.cio.state.sc.us/awards.htm


Return Bid To: Information Technology                              Express / Hand-Carry To: Information Technology
               Management Office                                                            Management Office
               4430 Broad River Road                                                        4430 Broad River Road
               Columbia, S.C. 29210                                                         Columbia, S.C. 29210

Requested Delivery Date: 30 Days ARO Bidder’s Best Delivery: ______________days After Receipt of Order (ARO)
                                     Bidder’s Discount Terms:______________%______________Days.

The following delivery information is for use after the award of the bid. Do not submit your response to this address
 * Deliver all items to:   ELECTION COMM
                           2221 DEVINE ST SUITE 105
                           COLUMBIA, SC 29205




                                               MUST BE SIGNED TO BE VALID

By signing this bid, I certify that we will comply with all requirements of section 44-107-10, ET Seq., Relating to the S.C.
Drug-Free Workplace Act.

                      *** Solicitation Number and Opening Date must be shown on sealed envelope ***

             Solicitations and Amendments will be posted at our website address http://cio.state.sc.us/bids.htm

                           Award will be posted at our website address http://cio.state.sc.us/awards.htm


  AUTHORIZED SIGNATURE                                     PRINTED NAME                                           DATE


  COMPANY                                                                                  STATE VENDOR NO. (IF KNOWN)


  MAILING ADDRESS                                                                          SOCIAL SECURITY OR FEDERAL TAX NO.


  CITY                                                     STATE           ZIP CODE                       PHONE


  EMAIL ADDRESS: (Please provide)


  SC MINORITY CERTIFICATION NUMBER:


ITMO (REV 8/03)




                                                                1
                                 SCHEDULE OF KEY EVENTS

1.     Issuance of Specifications                                               June 9, 2004

2.     Deadline for receipt of questions regarding this RFP                     June 16, 2004

3.     State’s response to questions sent out as an amendment                   June 18, 2004

4.     Public opening and deadline for receipt of Proposals                     July 9, 2004

5.     Intent to Award Issued                                                   July 16, 2004

6.    Effective Date of Contract                                                August 2, 2004
_________________________________________________________

Offeror is to submit the following number of responses:
       Paper Copies: One (1) Original Copy and Six (6) Additional Copies
       Electronic Copy: One (1) Identical Electronic CD-R Copies
          (Please Note: It is very important that the CD-R copy be exactly the same as the
          original paper copy.)
       Redacted Copy: One (1) CD-R copy (Refer to the section entitled “FOIA Bidding Instructions
       for Requests for Proposal & Complex Bids”)
________________________________________________________________________

* To submit questions or request additional information, send your written question/request to be
received no later than the date and time shown in item 2 above. Questions may be submitted by E-
mail, facsimile, or mail.

SEND QUESTIONS TO:                  Division of the State CIO
                                    Information Technology Management Office
                                    4430 Broad River Road
                                    Columbia, South Carolina 29210
                                    Attn.: Wanda J. Dixon
                                    Email: wdixon@cio.sc.gov

MARK ENVELOPES:                    QUESTIONS RFP 04-S6579
________________________________________________________________________
Proposals cannot be e-mailed or faxed.

MAIL PROPOSALS TO:                  Division of the State CIO
                                    Information Technology Management Office
                                    4430 Broad River Road
                                    Columbia, South Carolina 29210

Mark Proposals:                     RFP 04-S6579

HAND CARRY TO:                      Division of the State CIO
                                    Information Technology Management Office
                                    4430 Broad River Road
                                    Columbia, South Carolina 29210
                                                  2
Mark Proposals:                     RFP 04-S6579


GENERAL INFORMATION AND INSTRUCTIONS TO OFFERORS

      PREPARATION OF PROPOSAL: All proposals should be complete and carefully worded
      and must convey all the information requested by the State. If significant errors are found in
      the OFFEROR’s proposal, or if the proposal fails to conform to the essential requirements of
      the RFP, the State, and the State alone, will be the judge as to whether that variance is
      significant enough to require THE INFORMATION TECHNOLOGY MANAGEMENT
      OFFICE to reject the proposal.

      RECEIPT OF PROPOSALS: TIMELINESS: State Law requires that a copy of the proposal
      be submitted to and received by THE INFORMATION TECHNOLOGY MANAGEMENT
      OFFICE no later than the date and time specified in this RFP. OFFERORS mailing proposals
      should allow a sufficient mail delivery period to ensure timely receipt (i.e. receipt by that date
      and time) of their proposals by THE INFORMATION TECHNOLOGY MANAGEMENT
      OFFICE. Any proposals received after the scheduled opening date and time will be
      immediately disqualified in accordance with the S. C. Consolidated Procurement Code and
      Regulations.

      NUMBER OF PROPOSALS TO BE SUBMITTED: Each OFFEROR must submit (as
      indicated in the Key Event Dates) the requested hard copy and the number of electronic copies
      of the proposal. Each electronic CD-R copy must comply with the guidelines stated below.
      The OFFEROR must mark on the envelope or wrapping containing the proposal the RFP
      identification number specified in the RFP.

      OFFERORS that submit their responses to this RFP on Compact Disk (CD) must be recorded in
      one of the following formats: CD-R DVD ROM DVD-R DVD+R.

      Other formats such as CD-RW, DVD-RAM, DVD-RW, DVD-+RW, or DVIX are not
      acceptable and will result in the Offeror's proposal being rejected.

      CD-R, DVD ROM, DVD-R, or DVD+R submissions must be accompanied by cover letter,
      in hard copy, signed by an official authorized to bind the OFFEROR and indicating the
      OFFEROR'S intent to be bound by the contents of its submission for a period not less than the
      time stipulated in this RFP and must include the Business Proposal/Cost Proposal password. It is
      the Offeror’s responsibility to ensure that each electronic copy is identical. The Offeror must
      respond to each paragraph in the RFP in a document that can be read in MS Word 97 or greater. If
      necessary, OFFERORS may submit their response on multiple CD sets provided that each CD in
      the set is appropriately identified as to its relationship to the set, e.g., 1 of 2.

      PROPOSALS SIGNED: Unsigned proposals will be rejected. However, an authorized
      representative present at the proposal opening may provide the needed signature, provided that
      the discovery is made prior to the reading of the name of the first offeror.

      PUBLIC OPENING: THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE
      will open all proposals received in response to this RFP publicly at the time and place specified
      on the front page of the RFP, and will list, at that time, the name of each OFFEROR and make

                                                  3
the list available for public inspection. No other information will be made available at that
time.

FORMAT FOR PROPOSALS:
Proposals are to be prepared in a manner designed to provide the State with a straightforward
presentation of the OFFEROR’s capability to satisfy the requirements of this RFP. It should be
bound in a single volume where practical. All documentation submitted with the proposal
should be bound in that single volume where practical. Each response shall clearly indicate
whether the OFFEROR’s proposal complies or does not comply with the requirements of this
RFP. OFFERORS shall explain in detail, the method used to meet each requirement.
Elaborate brochures and other promotional materials are not desired.

CONTACT LIMITATION: By submission of a response to this RFP, vendor agrees that
during the period following issuance of the proposal and prior to the statement of intent to
award, vendor shall not discuss this procurement with any party except members of the
INFORMATION TECHNOLOGY MANAGEMENT OFFICE or other parties designated in
this solicitation. OFFERORS shall not attempt to discuss or attempt to negotiate with the using
Agency, any aspects of the procurement without the prior approval of the buyer responsible for
the procurement.

PROPOSAL CONSTITUTES OFFER: By submitting a proposal, the OFFEROR agrees to
be governed by the terms and conditions as set forth in this document and any subsequent
amendment.

COMPETITION: It is the OFFEROR’s responsibility to advise the Information Technology
Management Office if any language, requirements, etc., or any combination thereof,
inadvertently restricts or limits the requirements stated in this RFP to a single source.

OFFEROR’s DUTY TO INSPECT AND ADVISE: Each OFFEROR shall fully acquaint
himself with the scope of this RFP. The failure of an OFFEROR to acquaint himself with
existing pre-contract conditions or post-contract consequences shall in no way relieve such
OFFEROR of any obligation with respect to this proposal or to any contract resulting hereof.

OFFERORS must notify the State of all costs reasonably expected. OFFERORS are notified
that their failure to inspect, familiarize themselves with, or otherwise gather information as to
the total cost to the State, will, in addition to any and all other remedies available, create cost
difference liabilities and claims against the ultimately successful OFFEROR.

OFFSHORE CONTRACING: Work that will be performed offshore by the Offeror and/or
its subcontractors must be identified in the Offeror’s response. For the purpose of this
solicitation, offshore is defined as outside the 50 States and US territories. Offeror is to include
an explanation for the following:
      (a) What type of work is being contracted offshore?
      (b) What percentage (%) of the total work is being contracted offshore?
       (c) What percentage (%) of the total value of the contract is being contracted offshore?
       (d) Provide a Service Level Agreement (SLA) demonstrating the arrangement between
            the off-shore contactor and the Offeror.

Data provided by the Offeror in regards to this clause is for information only and will not be
used in the evaluation and determination of an award.

                                             4
    QUESTIONS: Every effort has been made to ensure that all information needed by the
    OFFEROR is included herein. If an OFFEROR finds that it cannot complete a proposal
    without additional information, it may submit written questions to the person designated herein
    on or before the deadline set forth in the schedule of "Key Event Dates". All questions and
    written replies will be made available to all OFFERORS in the form of a written amendment
    and will be a part of this solicitation.

    AMENDMENTS: If it becomes necessary to revise any part of the RFP, the Information
    Technology Management Office will issue a written amendment. The State shall not be legally
    bound by any interpretation that is not in writing.

    OTHER WRITTEN BASIS FOR PROPOSAL: If any of the OFFEROR’s proposal has as
    its basis written statements (other than the RFP) provided to him by the State (such as
    notification of a change in the specifications), the OFFEROR is to identify and include those
    statements in his proposal at the place or places applicable.

    NOTICE AND POSTING OF AWARD: Notice of Award or Intent to Award will be posted
    at http://cio.state.sc.us/awards.htm All Offerors will be notified of the "Statement of Intent to
    Award" if the total value of any contract resulting is greater than $50,000.00.

    OWNERSHIP OF DATA: All data and other records entered into any database of the State or
    supplied to the CONTRACTOR by the State are, and shall remain, the sole property of the
    State. CONTRACTOR shall not: copy or use such records without the State's written consent
    except to carry out contracted work, transfer such records to any other party not involved in the
    performance of this Agreement; and will return submitted records to the State upon completion
    of the work hereunder.

    RIGHT TO PROTEST: Any prospective bidder, offeror, contractor, or subcontractor who is
    aggrieved in connection with the solicitation of a contract shall protest to the Chief
    Procurement Officer within fifteen days of the date of issuance of the Request for Proposals or
    other solicitation documents whichever is applicable or any amendment thereto, if the Request
    for Proposal, other solicitation document or amendment is at issue. Any actual bidder, offeror,
    contractor, or subcontractor who is aggrieved in connection with the intended award or award
    of a contract shall protest to the Chief Procurement Officer within fifteen days of the date the
    notification of award or intent to award is posted.

    Any protest must be submitted in writing to the Chief Procurement Officer, Information
    Technology Management Office, 4430 Broad River Road, Columbia, SC 29210, and must set
    forth the grounds of the protest and the relief requested with enough particularity to give notice
    of the issues to be decided.

CONTRACTUAL OBLIGATIONS

    THE CONTRACT DOCUMENT: Any contract resulting from this solicitation shall consist
    of the following documents which are listed in order of precedence: (1) any documents
    required to resolve any difference between the remaining documents, (2) any amendments to
    the original solicitation in reverse order of issuance, (3) the solicitation as issued by the
    Information Technology Management Office, (4) any amendments to the successful vendor's
    proposal accepted by the Information Technology Management Office, (5) the successful vendor's
    proposal.


                                                5
PURCHASING LIABILITY: The Information Technology Management Office is acting
under the authority given to it in the Consolidated Procurement Code to procure contracts on
behalf of governmental agencies and acts only as their agent in this respect. The resulting
contract is between the agency and the successful vendor or OFFEROR and the Information
Technology Management Office bears no liability for any damages that any party may incur in
the execution or enforcement of the contract.

PATENT AND COPYRIGHT LIABILITY: If notified promptly in writing by the State of
any action (and all prior claims relating to such action) brought against the State, based on a
claim that the State's use of the services or products offered, including software, infringes a
United States patent or copyright, the CONTRACTOR will defend such action at its expense
and will pay the costs and damages awarded in any such action, provided that the
CONTRACTOR shall have sole control of the defense of any such action and all negotiations
for its settlement or compromise. The State shall give the CONTRACTOR prompt written
notice of such claim and full right and opportunity to conduct the defense thereof, together with
full information and reasonable cooperation. No cost or expenses shall be incurred for the
account of the CONTRACTOR without its written consent. If principles of government or
public law are involved, the State may participate in the defense of any action. If, in the
opinion of the CONTRACTOR, the products furnished hereunder are likely to, or do become,
the subject of a claim of infringement of a United States patent or copyright, then, without
diminishing its obligation to satisfy a final award, the CONTRACTOR may, at its option and
expense, (a) obtain the right for the State to continue to use such goods; or (b) substitute for the
alleged infringing products other equally suitable products that are satisfactory to the State; or
(c) take back such products; provided however, that the CONTRACTOR will not exercise
option (c) until the CONTRACTOR and the State have evaluated options (a) and (b). In such
event, CONTRACTOR will reimburse the State for the purchase price of any goods removed
pursuant to option (c).

FORCE MAJEURE: CONTRACTOR shall not be liable for any damages resulting from any
delay in delivery, or failure to give notice of delay, which directly or indirectly results from the
elements, acts of God, delays in transportation, or delays in delivery by any cause beyond the
reasonable control of the CONTRACTOR. The delivery schedule shall be extended by a
period of time equal to the time lost because of such delay.

TAXES: Prices are to be exclusive of all sales, use, and like taxes. Any tax CONTRACTOR
may be required to collect or pay upon the sale, use or delivery of the products shall be paid by
the State, and such sums shall be due and payable to the CONTRACTOR upon acceptance.
Any personal property taxes levied after delivery shall be paid by the State. It shall be solely
the State's obligation, after payment to CONTRACTOR, to challenge the applicability of any
tax by negotiation with, or action against, the taxing authority. CONTRACTOR agrees to
refund any tax collected, which is subsequently determined not to be proper and for which a
refund has been paid to CONTRACTOR by the taxing authority.
In the event that the CONTRACTOR fails to pay, or delays in paying, to any taxing authorities,
sums paid by the State to CONTRACTOR, CONTRACTOR shall be liable to the State for any
loss (such as the assessment of additional interest) caused by virtue of this failure or delay.
Taxes based on Contractor’s net income or assets shall be the sole responsibility of the
CONTRACTOR.

WAIVERS: No waiver of right, obligation, or default shall be implied, but must be in writing,
signed by the party against whom the waiver is sought to be enforced. One or more waivers of

                                             6
any right, obligation, or default shall not be construed to waive any subsequent right,
obligation, or default.

GOVERNING LAW: Contractor consents to be governed by Section 11-35-4230 of the
South Carolina Code of Laws and agrees that Section 11-35-4230 applies to and governs the
Agreement. Contractor waives any objection it may have now or hereafter to the
administrative process required by Section 11-35-4230. To the extent that Section 11-35-4230,
by its own terms, does not govern a claim or controversy arising out of or relating to the
Agreement, Contractor agrees that any suit, action or proceeding arising out of or relating to the
Agreement shall be instituted and maintained only in a state or federal court located in
Richland County, State of South Carolina. Notwithstanding any other agreement between
Contractor and the State, the Agreement shall be governed by and construed in accordance with
the laws of the State of South Carolina, and any suit, action or proceeding arising out of or
relating to the Agreement shall be governed by the laws of the State of South Carolina.
Contractor agrees that any act by the State regarding the Agreement is not a waiver of either the
State’s sovereign immunity or the State’s immunity under the Eleventh Amendment of the
United State’s Constitution. As used in this paragraph, the term “Agreement” means any
transaction or agreement arising out of, relating to, or contemplated by this solicitation. As
used in this paragraph, the phrase “the State” includes any governmental entity transacting
business with Contractor pursuant to the Agreement and the South Carolina Budget & Control
Board.

SEVERABILITY: In the event any provision of this Agreement is held to be invalid or
unenforceable, the remaining provisions of this Agreement will remain in full force.

UNIFORM COMMERCIAL CODE: The applicable provisions of the Uniform Commercial
Code shall govern this contract.

CISG and UCITA: The parties expressly agree that neither the UN Convention on the
International Sale of Goods nor the Uniform Computer Information Transactions Act shall
apply to this agreement.

RECORDS RETENTION & RIGHT TO AUDIT: The State shall have the right to audit the
books and records of the CONTRACTOR as they pertain to this contract, both independent of
and pursuant to, S.C. Code Section 11-35-2220. Such books and records shall be maintained
for a period of three (3) years from the date of final payment under the contract or the
termination of contract, whichever is later.

The State may conduct, or have conducted, performance audits of the CONTRACTOR. The
State may conduct, or have conducted, audits of specific requirements of this RFP (i.e.,
application development cost), as determined necessary by the State.

Pertaining to all audits, CONTRACTOR shall make available to the State access to its
computer files containing the history of contract performance and all other documents related
to the audit. Additionally, any software used by the CONTRACTOR shall be made available
for auditing purposes at no cost to the State.

APPROVAL OF PUBLICITY RELEASES: The CONTRACTOR shall not have the right to
include the State's name in its published list of customers, without the prior approval of the
State. With regard to news releases, only the name of the State and the type and duration of
contract may be used, and then only with prior approval of the State. The CONTRACTOR
                                            7
agrees not to publish or cite in any form any comments or quotes from State agency staff. The
CONTRACTOR further agrees not to refer to the award of this contract in commercial
advertising in such a manner as to state or imply that the products or services provided are
endorsed or preferred by the State.

AFFIRMATIVE ACTION: CONTRACTOR shall comply with all federal and state
requirements concerning fair employment and employment of the handicapped, and concerning
the treatment of all employees, without regard to, or discrimination by reason of, race, color,
religion, sex, national origin, or physical handicap.

LATENT DEFECTS: Contractor warrants that upon notification by the State, as set forth in
Section 11-35-4230(2) of the SC Consolidated Procurement Code, of a latent defect in design,
material or workmanship, or a latent nonconformity of the services, material, or equipment to
the specifications, which would have constituted a basis for rejection if discovered prior to
acceptance, it will repair or replace or otherwise correct the defect to the level of performance
specified in this RFP.

COMPLIANCE WITH STATUTES: During the term of the contract, it shall be the
Contractor's responsibility to ensure compliance with all applicable provisions of laws, codes,
ordinances, rules, regulations, and tariffs.

INSURANCE: CONTRACTOR shall maintain, throughout the performance of its obligations
under this Agreement, a policy or policies of Worker's Compensation insurance with such
limits as may be required by law, and a policy or policies of general liability insurance insuring
against liability for injury to, and death of, persons, and damage to, and destruction of, property
arising out of, or based upon, any act or omission of the CONTRACTOR or any of its
subcontractors or their respective officers, directors, employees or agents. Such general
liability insurance shall have limits sufficient to cover any loss or potential loss resulting from
this contract.

LICENSES AND PERMITS: During the term of the contract, the Contractor shall be
responsible for obtaining, and maintaining in good standing, all licenses (including professional
licenses, if any), permits, inspections and related fees for each or any such licenses, permits and
/or inspections required by the State, county, city or other government entity or unit to
accomplish the work specified in this solicitation and the contract.

RISK OF LOSS: The CONTRACTOR shall assume all risk of loss, and shall maintain
insurance coverage on all items install, up to the time of final acceptance.

TAX CREDIT AVAILABILITY: CONTRACTORS interested in income tax credit
availability by subcontracting with certified minority firms should contact the Office of Small
and Minority Business Assistance.

Income Tax Credit for State Contractors Having Subcontracts with MINORITY Firms:
References: SC §12-6-3350 -- Taxpayers, who utilize certified minority subcontractors, may
take a tax credit equal to 4% of the payments they make to said subcontractors. The payments
claimed must be based on work performed directly for a South Carolina state contract. The
credit is capped at $25,000 per year or the total tax liability; whichever is lesser. The taxpayer
is eligible to claim the credit for 6 consecutive taxable years beginning with the taxable year in
which the credit is first claimed. There is no carry forward of unused credits.

                                             8
The credit may be claimed on Form TC-2, “Minority Business Credit.” A copy of the
subcontractor’s certificate from the Governor’s Office of Small and Minority Business
(OSMBA) is to be attached to the contractor’s income tax return. Taxpayers must maintain
evidence of work performed for a State contract by the minority subcontractor.
Questions regarding the tax credit and how to file are to be referred to:
SC Department of Revenue
                              Research and Review
                             Phone: (803) 898-5786
                              FAX: (803) 898-5888
Reference: SC §11-35-5010 - Definition for Minority Subcontractor
SC §11-35-5230 (B) – Regulations for Negotiating with State Minority Firms:
The subcontractor must be certified as to the criteria of a “Minority Firm” by the Governor’s
Office of Small and Minority Business Assistance (OSMBA). Certificates are issued to
subcontractors upon successful completion of the certification process. Questions regarding
subcontractor certification are to be referred to:
                             Governor’s Office of Small and
                              Minority Business Assistance
                                  Phone: (803) 734-0657
                                   FAX: (803) 734-2498


CONTRACTOR SOLELY RESPONSIBLE FOR PERFORMANCE: The STATE will
rely upon the CONTRACTOR for full, complete, and satisfactory performance under the terms
and conditions of this agreement.

If the CONTRACTOR'S services provided for hereunder include services, equipment, or
materials supplied by a subcontractor, the CONTRACTOR must act as the prime
CONTRACTOR for these items and assume full responsibility for performance hereunder.
The CONTRACTOR will be considered the sole point of contact with regard to all situations,
including payment of all charges and the meeting of all other requirements.

ONLINE VENDOR REGISTRATION: If your company is selected as the winning vendor
as result of this solicitation, ITMO cannot award a contract to your company without a state
vendor number. To obtain a State Vendor Number, visit http://cio.state.sc.us/itmo/main.htm
and select “New Vendor Registration.” Vendors are required to keep their vendor information
current. If you are a previous or current contractor, select “Change Vendor Information.”
Having a state vendor number does not remove you from the requirement to register with the
South Carolina Secretary of State and the South Carolina Department of Revenue. For further
information from SC Department of Revenue call 803-898-5391 or 803-898-5804.

NON INTERFERENCE: In the event CONTRACTOR is unable for any reason to provide
any material, services, supplies, products or other items of any type or variety to the STATE
under this agreement, including but not limited to any such materials, services, supplies, etc.
available from any other party (such as subcontractors) supplying said materials, services, etc.
to CONTRACTOR, the STATE will have the right to deal directly with the other supplier
without penalty or interference from CONTRACTOR.

SUBCONTRACTORS: Subcontractors are subject to same terms and conditions of this
agreement as the CONTRACTOR.

                                           9
    ASSIGNMENT: No contract or its provisions may be assigned, sublet, or transferred without
    the written consent of the Information Technology Management Office.

    ITEM SUBSTITUTION: No substitutes will be allowed on purchase orders received from
    agencies without permission of the Information Technology Management Office.

    CONTRACT AMENDMENTS, MODIFICATIONS & CHANGE ORDERS: Any change
    orders, alterations, amendments or other modifications hereunder shall not be effective unless
    reduced to writing and approved by the Buyer responsible for this solicitation and the
    CONTRACTOR. All questions, problems, or changes arising after award of this contract shall
    be directed to the Buyer responsible for this solicitation, at 4430 Broad River Rd., Columbia,
    SC 29210.

    PRICE CERTIFICATION: I hereby certify that the price included in this proposal is
    accurate and binding, and that all costs are shown and accurately reflect my total proposal cost.

    YEAR 2000 WARRANTY: CONTRACTOR represents and warrants that the products are
    designed to be used prior to, during, and after the calendar year 2000 A.D., and that the
    products will operate during each such time period without error relating to date data,
    specifically including any error relating to, or the product of, date data which represents or
    references different centuries or more than one century.


SPECIAL CONTRACTUAL CONDITIONS

    TERM CONTRACTS
    Type of Contract: An agency term contract or contracts will be awarded by the Information
    Technology Management Office for the period indicated and in accordance with the provisions
    and conditions of this solicitation. The only state agency authorized to purchase from this
    contract is listed herein. Purchases by local public procurement units are optional.

    Volume: The total quantity of purchases of any individual item on the contract is not known.
    The Division of the State CIO does not guarantee that the State will buy any specified item or
    total amount. The omission of an estimated purchase quantity does not indicate a lack of need
    but rather a lack of historical information.

    Term of Contract/Option to Renew: The initial term of this contract will be for the period
    beginning the effective date of contract and ending 12/31/2006.

     Unless terminated by either party at the end of the initial term, at the end of successive
    “contract” terms, or as otherwise allowed within this document (see termination clause), the
    contract will automatically extend at the prices, terms and conditions approved by the
    Information Technology Management Office on each consecutive year for a total of seven (7)
    years.

    Prices: Prices under this contract are “not to exceed” prices. State agencies are not authorized
    to pay more than the stated price. CONTRACTORS may offer, and agencies may accept prices
    below those listed on the contract.

    Price Adjustment: Any request for price increase must be submitted to the Information
    Technology Management Office at least ninety (90) days prior to the requested date for the
                                               10
increase.   Price increases will only become effective if agreed to, in writing, by the
Information Technology Management Office. The maximum increase will not exceed the
unadjusted percent change from the previous year shown in the Consumer Price Index (CPI),
All Urban Consumers (CPI-U), “Other Goods and Services” or the current market conditions as
determined by the Procurement Manager.

High Volume Purchases: The State reserves the right to procure separately, on the open
market, its requirements for large quantities, research and development projects, and special
projects.

Termination by State
Notice of Termination: In the event of any termination of the contract, the State shall give
notice of such termination in writing to the contractor. Notice of termination will be sent by
certified mail, return receipt requested.

Termination for Non-Appropriations: Funds for this contract are payable from state and/or
federal appropriations. In the event no funds or insufficient funds are appropriated and
budgeted in any fiscal year for payments due under this contract, the State shall immediately
notify contractor or its assignee, of such occurrence, and this contract shall create no further
obligation of the State as to such current or succeeding fiscal year, and shall be null and void,
except as to the portions of payments herein agreed upon for funds which shall have been
appropriated and budgeted. In such event, this contract shall terminate on the last day of the
year for which appropriations were received without penalty or expense to the State of any kind
whatsoever. After such termination of this contract, the State shall have no continuing
obligation to make purchases under this contract. No right of action or damages shall accrue to
the benefit of the contractor or its assignee as to that portion of this contract, which may so
terminate.

Insolvency: This contract is voidable and subject to immediate termination by the State upon
the contractor’s insolvency, including the filing of proceedings in bankruptcy.

Termination for Convenience: This contract may be terminated for any reason by the
Information Technology Management Office providing a 30 day advance notice, in writing, is
given to the contractor. In the event that this contract is terminated or canceled upon request
and for the convenience of the State without thirty (30) days advance written notice, then the
State shall negotiate reasonable termination costs, if applicable.

Termination for Cause: This contract may be canceled and terminated by the State at any
time within the contract period whenever it is determined by the State that the contractor has
materially breached or otherwise materially failed to comply with its obligations hereunder.
The State will not be liable for any termination costs; the thirty (30) days advance notice
requirement is waived.

Contract Violation Vendors who violate this contract will be considered in breach and subject
to cancellation for cause. Vendors may be suspended or debarred from doing business with the
State. Examples of vendor violations include, but are not limited to:
     Vendor adding items to the contract without approval,
     Vendor increasing contract price without approval,
     Misrepresentation of the contract to any using governmental entity.

                                           11
       Orderly Transfer of Materials: Upon termination of the contract for any reason, the State
       shall have the right, upon demand, to obtain access to, and possession of, all State properties,
       including, but not limited to, current copies of all State application programs and necessary
       documentation, all files, intermediate materials and supplies held by the contractor.

       Termination For Non-Compliance With The Drug Free Workplace Act In accordance
       with S. C. Code Workplace Act, Sections 44-107-10, et seq., SC Code ann, (1976) this
       contract is subject to immediate termination, suspension of payment, or both if the
       CONTRACTOR fails to comply with the terms of the Drug Free Workplace Act.

       Termination by Contractor
       Requests for termination of this contract by the contractor must be received in writing by the
       Information Technology Management Office at least ninety (90) days before the requested
       contract termination date.

The State reserves the right to negotiate the following three (3) contractual clauses,
Indemnification, Liability for Damages and Warranty:

INDEMNIFICATION: The State of South Carolina, its officers, agents, and employees shall be held
harmless from liability from any claims, damages, and actions of any nature arising from the use of
any materials furnished by the Contractor, provided that such liability is not attributable to negligence
on the part of the using agency or failure of the using agency to use the materials in the manner
outlined by the Contractor in descriptive literature or specifications submitted with the Contractor’s
proposal.

LIABILITY FOR DAMAGES CONTRACTOR will not be liable for any damages resulting from
loss of data or use, lost profits, or any incidental or consequential damages unless said damages are the
result of the CONTRACTOR’S negligence or willful misconduct.

The State will not be liable for any damages to the CONTRACTOR resulting from loss of data or use,
lost profits, or any incidental or consequential damages unless said damages are the result of the
State’s gross negligence or willful misconduct.

CONTRACTOR will be liable for damages resulting from personal injury or property damage caused
by CONTRACTOR’S negligence or intentional harm.

WARRANTY: Subject to the limitations stated below, contractor warrants products provided to the
State as a result of the RFP against defects in workmanship and material during the applicable
warranty period. Contractor warrants that any software product(s) will conform to the software
product description applicable to the software described in this RFP. Contractor agrees that hardware
and software products will comply with all specifications and other terms and conditions as herein
specified. Contractor warrants that services will be provided in a workman like manner. Remedies for
breach of this warranty are set forth in the section Liability for Damages. The contractor shall be
responsible for the full performance hereunder of any subcontractors and/or suppliers and the State
shall rely solely upon said Contractor for contract and performance. Contractor warrants and implies
that the items delivered hereunder are merchantable and fit for use for the particular purpose described
in this solicitation.
**********************************************************************************

FOIA BIDDING INSTRUCTIONS FOR REQUESTS FOR PROPOSAL & COMPLEX BIDS

                                                   12
SUBMITTING CONFIDENTIAL INFORMATION (August 2002): (An overview is available at
www.state.sc.us/mmo/legal/foia.htm) For every document Offeror submits in response to or with
regard to this solicitation or request, Offeror must separately mark with the word "CONFIDENTIAL"
every page, or portion thereof, that Offeror contend contains information that is exempt from public
disclosure because it is either (a) a trade secret as defined in Section 30-4-40(a)(1), or (b) privileged
and confidential, as that phrase is used in Section 11-35-410. For every document Offeror submits in
response to or with regard to this solicitation or request, Offeror must separately mark with the words
"TRADE SECRET" every page, or portion thereof, that Offeror contends contains a trade secret as that
term is defined by Section 39-8-20 of the Trade Secrets Act. For every document Offeror submits in
response to or with regard to this solicitation or request, Offeror must separately mark with the word
"PROTECTED" every page, or portion thereof, that Offeror contends is protected by Section 11-35-
1810. All markings must be conspicuous; use color, bold, underlining, or some other method in order
to conspicuously distinguish the mark from the other text. Do not mark your entire response (bid,
proposal, quote, etc.) as confidential, trade secret, or protected! If your response, or any part thereof, is
improperly marked as confidential or trade secret or protected, the State may, in its sole discretion,
determine it nonresponsive. If only portions of a page are subject to some protection, do not mark the
entire page. By submitting a response to this solicitation or request, Offeror (1) agrees to the public
disclosure of every page of every document regarding this solicitation or request that was submitted at
any time prior to entering into a contract (including, but not limited to, documents contained in a
response, documents submitted to clarify a response, and documents submitted during negotiations),
unless the page is conspicuously marked "TRADE SECRET" or "CONFIDENTIAL" or
"PROTECTED", (2) agrees that any information not marked, as required by these bidding instructions,
as a "TRADE SECRET" is not a trade secret as defined by the Trade Secrets Act, and (3) agrees that,
notwithstanding any claims or markings otherwise, any prices, commissions, discounts, or other
financial figures used to determine the award, as well as the final contract amount, are subject to public
disclosure. In determining whether to release documents, the State will detrimentally rely on Offeror's
marking of documents, as required by these bidding instructions, as being either "CONFIDENTIAL"
or "TRADE SECRET" or "PROTECTED". By submitting a response, Offeror agrees to defend,
indemnify and hold harmless the State of South Carolina, it’s officers and employees, from every
claim, demand, loss, expense, cost, damage or injury, including attorney’s fees, arising out of or
resulting from the State withholding information that Offeror marked as “CONFIDENTIAL” or
“TRADE SECRET” or "PROTECTED". (All references to S.C. Code of Laws.)


                      IMPORTANT TAX NOTICE - NONRESIDENTS ONLY

Withholding Requirements for Payments to Nonresidents: Section 12-8-550 of the South Carolina
Code of Laws requires persons hiring or contracting with a nonresident conducting a business or
performing personal services of a temporary nature within South Carolina to withhold 2% of each
payment made to the nonresident. The withholding requirement does not apply to (1) payments on
purchase orders for tangible personal property when the payments are not accompanied by services to
be performed in South Carolina, (2) nonresidents who are not conducting business in South Carolina,
(3) nonresidents for contracts that do not exceed $10,000 in a calendar year, or (4) payments to a
nonresident who (a) registers with either the S.C. Department of Revenue or the S.C. Secretary of State
and (b) submits a Nonresident Taxpayer Registration Affidavit - Income Tax Withholding, Form I-312
to the person letting the contract.

The withholding requirement applies to every governmental entity that uses a contract ("Using
Entity"). Nonresidents should submit a separate copy of the Nonresident Taxpayer Registration
Affidavit - Income Tax Withholding, Form I-312 to every Using Entity that makes payment to the
nonresident pursuant to this solicitation. Once submitted, an affidavit is valid for all contracts between
                                                     13
the nonresident and the Using Entity, unless the Using Entity receives notice from the Department of
Revenue that the exemption from withholding has been revoked.
                                            -----------------------
Section 12-8-540 requires persons making payment to a nonresident taxpayer of rentals or royalties at
a rate of $1,200.00 or more a year for the use of or for the privilege of using property in South Carolina
to withhold 7% of the total of each payment made to a nonresident taxpayer who is not a corporation
and 5% if the payment is made to a corporation. Contact the Department of Revenue for any applicable
exceptions.
                                            -----------------------
For information about other withholding requirements (e.g., employee withholding), contact the
Withholding Section at the South Carolina Department of Revenue at 803-898-5383 or visit the
Department’s website at www.sctax.org.
                                            -----------------------
This notice is for informational purposes only. This agency does not administer and has no authority
over tax issues. All registration questions should be directed to the License and Registration Section at
803-898-5872 or to the South Carolina Department of Revenue, Registration Unit, Columbia, S.C.
29214-0140. All withholding questions should be directed to the Withholding Section at 803-898-
5383.




                                                   14
15
                                    Minority Participation Affidavit

      Is the bidder a South Carolina Certified Minority Business? (Yes) _____ (No)             _____

      Is the bidder a Minority Business certified by another governmental entity?
       (Yes) _____ (No) _____

      If so, please list the certifying governmental entity: ____________________________

       ______________________________________________________________________

      Will any of the work under this contract be performed by a SC certified Minority Business
       as a subcontractor?     (Yes) _____ (No) _____

      If so, what percentage of the total value of the contract will be performed by a SC certified
       Minority Business as a subcontractor?          ________%

      Will any of the work under this contract be performed by a minority business certified by
       another governmental entity as a subcontractor?     (Yes) _____ (No) _____

      If so, what percentage of the total value of the contract will be performed by a minority
       business certified by another governmental entity as a subcontractor?        _______%

If a certified Minority Business is participating in this contract, please indicate all categories
for which the Business is certified:

               _____           Traditional minority
               _____           Traditional minority, but female
               _____           Women (Caucasian females)
               _____           Hispanic minorities
               _____           DOT referral (Traditional minority)
               _____           DOT referral (Caucasian female)
               _____           Temporary certification
               _____           SBA 8 (a) certification referral
               _____           Other minorities (Native American, Asian, etc.)

Note: If more than one minority contractor will be utilized in the performance of this contract, please
provide the information above for each minority business.


SOFTWARE LICENSES
    PROPRIETARY SOFTWARE
    Proprietary software is non-custom written, non-made for hire computer software supplied by
    the CONTRACTOR and documentation used to describe, maintain and use the software.

       License
       The State is hereby granted a non-exclusive, fully paid perpetual license to use the proprietary
       software acquired hereunder.


                                                     16
      Title
      Title to any proprietary software provided by the Contractor to the State will remain with the
      Contractor.

      Trade Secrets
      The State agrees that the proprietary software is a trade secret of the CONTRACTOR. The
      State agrees to take reasonable precautions to protect the trade secret nature of the proprietary
      software and to prevent its disclosure to unauthorized personnel. The license herein granted
      cannot be transferred, assigned, or made available by the State for use by any other individual,
      firm, partnership, or legal entity not affiliated, associated, or connected with the State without
      the prior expressed written consent of the CONTRACTOR, which consent will not be
      unreasonably withheld. Such transfer shall also be conditioned upon the execution by the
      transferee of a written declaration agreeing to be bound by the terms and conditions of
      confidentiality provided for in this section.

      Source Code
      Source code includes files used by assembly, basic, c or other language compatibles to produce
      object modules for linkage into applications programs. The source code media will contain
      source code, files for compiling and linking software, and any other files and documentation
      available in machine-readable form to facilitate compiling and linking the code.

      In the event the CONTRACTOR, at any point during the continued installation and operation
      of the products acquired under this contract, discontinues the conduct of business, or for any
      reason fails to continue to support its proprietary software, it will either make provision for the
      continued support under the same terms and conditions or provide the State with a copy of the
      source code for said proprietary software, at no expense to the State.

      Export Control
      The State acknowledges that the products acquired hereunder may be licensable by the U. S.
      Government. It further acknowledges that a valid export license must be obtained from the
      Department of Commerce prior to export of said products.

CUSTOMIZED SOFTWARE
    Customized software is made-for-hire, custom written and customer specific software or
    customizations to proprietary software developed for the State by CONTRACTOR and
    documentation used to describe, maintain and use the software.

      Title
      Title to the customized software vests in the State as set forth herein. Contractor shall thereafter
      have no right, title or interest in any customized software. As herein used, title includes
      providing to the State all intellectual elements of the customized software including, but not
      limited to, developmental work product, notes, object and source codes, documentation, and
      any other items which would aid the State in understanding, using, maintaining, and enhancing
      said customized software.

      Software Tools
      The CONTRACTOR shall provide to the STATE, simultaneous with its initial installation, and
      any subsequent enhancements, upgrades, fixes, etc., software tools (including, but not limited
      to compilers, editors, etc.) that the STATE would require to maintain or enhance the
      customized software. The price for said tools and the cost to train State personnel to maintain


                                                   17
and/or to enhance the customized software shall be noted separately and included in the
CONTRACTOR'S cost proposal submitted to the State in response to the State's solicitation.

Escrow for Source Code
In the event the contractor at any point during the continued installation and operation of the
software herein acquired discontinues the conduct of business or for any other reason fails to
continue to support the software, the state shall be provided a copy of the source code for said
software within thirty days at no expense to the State.

For the effective term of this contract, contractor will provide, to a mutually agreed upon
escrow agent in the United States, the most recent version of the source code on magnetic
media.

Proprietary source code shall be deposited into the escrow account within fifteen (15) days of
the initiation of the contract, or any major update, non-customized enhancement, version or
release of said licensed software.

The source code may be accessed only upon the following conditions:

   a.   Contractor refuses to provide software maintenance, bug fixes, upgrades, updates and/or
        enhancement services under the terms set forth in this contract or as generally provided
        similarly situated customers; or

   b.   Contractor ceases to do business or exist as a valid business entity, as evidenced by an
        adjudication of bankruptcy or other definitive measure of cessation of operations.


   With regards to proprietary software, the state may not sell, assign lease, or otherwise
   provide said source code(s) to any other person or entity, regardless of modification, without
   the express written consent of contractor, its successors, and assigns.




                                           18
1. Structure of the RFP Document
This Request for Proposal (RFP) document provides: a background summary of the South Carolina
State Election Commission (SEC) uniform statewide voting system initiative; the products and services
for which the SEC is soliciting proposals; detailed hardware and software specifications of the
products to be proposed; instructions to submit a proposal; and a description of the award process and
criteria. The sections contained within this RFP can be summarized as follows:


1. Structure of the RFP Document
A summary of the overall content of this RFP is contained in this section.
2. Executive Summary
Presents an introduction and purpose for the RFP, a background description of the overall South
Carolina election environment, motivation for this solicitation, and an overview of the products and
services for which the SEC is soliciting proposals.
3. Scope of Work
Presents the requirements the Contractor must satisfactorily fulfill during the term of the contract, if
awarded.
4. Information for Offerors to Submit
Presents the specifications and expected format for Offeror Technical and Cost Proposals including:
describing the overall capabilities of the proposed systems and services to be provided; providing
information about Offeror company background, experience and qualifications; responding to detailed
specifications and technical questions about products and services to be proposed; and costs.
5. Award Criteria
Presents an overview of the evaluation process, criteria, and methodology used to determine the
selected Offeror.
6. Special Conditions
Special conditions are applicable to this RFP.
Appendices
Includes a glossary and a reference list of the number of registered voters and precincts in each county
and the number of voting devices to be provided.




                                                    19
2. Executive Summary
2.1 Introduction to and Purpose of the RFP
On behalf of county election commissions, the South Carolina State Election Commission (SEC) is
seeking proposals from qualified Offerors to provide the SEC and counties of South Carolina with a
uniform statewide voting system. The uniform statewide voting system must be comprised of direct
record electronic voting devices, absentee voting systems, election management systems, and
associated services.

The SC HAVA State Plan specifies that a portion of HAVA Title I and II funds are to be used to
procure a uniform statewide voting system; however, participation by counties is voluntary.
Participation by most counties is expected.

The voting system will be purchased and deployed in two (2) distinct phases. The counties to receive
the new voting system in each phase are listed in Appendix A of this RFP.

The SEC intends to select a single Contractor to supply the uniform statewide voting system and
associated services.

The Contractor must provide to the counties of South Carolina and to the South Carolina SEC (herein
referred to as “the Counties/State”) products and services that result in a complete and comprehensive
voting system solution.


2.2 Background
The State of South Carolina currently uses seven (7) different types of voting equipment in its 46
counties. There are 24 counties with five (5) different brands of direct record electronic (DRE)
machines; 10 counties utilizing punch cards and 12 counties using a mark sense optical scan system.
Additionally, there are a number of dissimilar absentee systems in use.

South Carolina began its quest for a statewide voting system in 1986 when six counties began using
DRE’s. In the following years, 10 additional counties were added to the system before state matching
funds were no longer available and other DRE systems were purchased.

The SEC has continually sought ways to improve the election process and to maintain its integrity, as
reflected in recent major SEC initiatives such as the 1999 Statewide Election Summit and the 2001
Governor’s Task Force on Elections. These statewide initiatives identified, among other priorities, a
need to establish a statewide voting system.

The South Carolina HAVA State Plan for implementing the Help America Vote Act of 2002 (HAVA),
developed with the valuable help of the HAVA State Plan Task Force, establishes a framework for
achieving compliance with HAVA. The HAVA State plan further emphasizes the importance of
implementing a uniform statewide electronic voting system, and achieving additional strategic
objectives, including: a) support for disabled voters in every precinct in the State; and b) training for
voters, poll workers, and County/State election officials.

To achieve the HAVA State Plan voting system objectives, the SEC is seeking proposals from
qualified Offerors for a uniform statewide electronic and absentee voting system, and related services,
                                                   20
including: project management; implementation support; system support; and training of county and
state personnel in the operation and maintenance of the system. Training for voters is not in the scope
of this RFP.

2.3 Overview of Products and Services
The voting system must include functionality, components, storage capabilities, and maintenance
features that support and enable the basic election processes listed below.
 Ballot preparation and distribution of ballots to voting stations
 Precinct and Absentee Voting
 Vote tabulation and reporting

The voting system must provide direct record electronic (DRE) voting devices at the polling places.
These DRE voting devices must support and enable electronic walk-in absentee and provisional
(retractable) balloting.

The voting system must include voting devices that are accessible for individuals with disabilities,
including non-visual accessibility for the blind and visually impaired, in a manner that provides the
same opportunity for access and participation in the voting process (including privacy and
independence) as for other voters.

The voting system must provide systems for ballot preparation, vote tabulation, and election reporting
at each county and at the SEC. The voting system must enable ballot preparation by county personnel,
by SEC personnel or by Contractor personnel providing out-sourced ballot preparation services. The
voting system must enable the collaborative composition of a ballot by personnel from all of these
organizations working concurrently.

The voting system must support and enable at each county the generation of paper ballots for mail-in
absentee and emergency balloting.

The State and counties of South Carolina are seeking all services necessary to implement and support
the voting system through two (2) statewide elections in each county. It is the responsibility of the
vendor to propose services necessary to implement their voting system.


3. Scope of Work
The Contractor must provide products and services that result in a complete and comprehensive
solution for a uniform statewide voting system. The Contractor must provide all necessary equipment,
software, services, and support to each county and the SEC.

The voting system must have obtained South Carolina SEC certification prior to the deadline for
submission of proposals.

The voting system will be purchased and implemented in two (2) project phases, with 14 of the 46
South Carolina counties and the SEC implementing the system in Phase 1. The remaining participating
counties will be implemented in Phase 2 (during calendar year 2005).



                                                   21
The contractor must implement the voting system in all counties and the SEC in Phase 1 before the
November 4, 2004 election. The voting system implementation for Phase 2 will be mutually agreed to
by the SEC and the contractor upon award of Contract.


3.1 Voting System and Services
The Contractor must provide a complete and comprehensive voting system including the hardware and
software necessary to program and maintain the voting system and to execute elections. This must
include components for use by the SEC and by each of the 46 counties in the State of South Carolina.

The uniform statewide voting system solution is comprised of all those products that provide the
functionality including (but not limited to): the general voting system; election management system;
absentee ballot system; voting devices; features that promote accessibility and support the disabled
voter; and security and accuracy.

The solution must include an Election Management System (EMS) and Absentee Ballot System (ABS)
that must support the election processes that will occur at the election administration office of each
county and the SEC, and include functions for ballot preparation, vote tabulation, paper ballot
production and tabulation, and election reporting at the county and state levels. The system must also
include the ability to transmit election results from all counties to the SEC within the proposed voting
systems’ EMS. Statewide election results reporting must be executed within the proposed system.

The voting system must include components for the electronic composition of ballots and the
electronic distribution of ballots to voting stations, for the electronic collection and tallying of votes,
and for the publication of election results. This set of voting system components is referred to herein as
the Election Management System (EMS).

The EMS must also provide components for generating paper-based ancillary ballots, such as absentee
and emergency, and components for reading voter marks from all such ballots within each respective
county within one (1) hour. The absentee ballot system (ABS) must be fully integrated with the entire
voting system.

The voting system must include components for presenting ballots to voters and capturing votes,
including voting devices and associated support and privacy components that constitute voting booths.
Throughout this document, voting device is defined as the device used by a voter to record his/her
vote. It includes the recording device, the voting booth, all electrical cords and other necessary wire
and cables, a suitable power failure back-up system, and any necessary controlling unit or equipment.

The voting device must employ Direct Record Electronic (DRE) technology as the primary technology
for presenting ballots to voters and capturing votes.

Precinct voting systems must support and enable the election processes that will occur at all precincts
of each county, and include functions for the pre-election set-up and testing of voting devices, opening
and closing of polls, regular voting, voting with disabilities, curb-side voting, pertinent types of
absentee and provisional balloting, and vote tabulation and election reporting at the precinct, county,
and state levels.

All equipment provided by the contractor must be newly manufactured, not reconditioned or
refurbished in any way. Equipment and software must be of fully-released versions and models. All
must be in production by their respective manufacturers at the time of the proposal. Hardware and
                                                    22
software must not include any components that are conceptual, in-design, in pre-production testing, or
in “beta” testing. The contractor must provide all necessary equipment and accessories, hardware
connector cables, cabling, operating system software, software applications, training, and technical
support that provides for fully functioning voting systems in each county and at the SEC.

The Contractor must provide the services necessary to implement the voting system in an efficient and
orderly manner according to the phased installation schedule contained in this RFP. The Contractor
must provide services such as project management, hardware and software installation and readiness
testing, on-site and remote technical support, hardware maintenance and repair, and voting system
operation and support training.

Project Management and Administrative Support
The delivery, installation, set-up and testing of voting system components, the training of County/State
personnel in the use and maintenance of the voting system, and customer support constitutes a complex
and critical project. The SEC intends to assign a project manager to this project to serve as the primary
point of contact at the agency.

The contractor must assign a qualified project manager, subject to the approval by the SEC, to oversee
and coordinate voting system delivery, implementation, training, and support over the life of the
project. The contractor assigned project manager must provide professional project management
services to ensure the successful delivery and deployment of the voting system.

Support for the November 2004 General Election
Contractor must provide all support services in order to conduct the November 2004 general election
for all counties included in Phase 1.

4. Information for Offerors to Submit
The information contained within Section 4. Information for Offerors to Submit is provided to outline
what the Offeror must provide in their proposal in response to this RFP.

Offerors must submit a proposal consistent with the General Information and Instructions to Offerors
section of this RFP. All proposals must be complete and carefully worded and must convey all of the
information requested in order to be considered responsive.

No alternative proposals will be accepted.

Preparation of the proposal is at the Offeror’s expense.

Offerors must respond to the information requested in this section. At a minimum, the Offeror’s
proposal must include the items specified in the subsections that follow. The Offerors proposal must
contain the following information presented in the order listed.

4.1 Offeror Proposal
Technical Solution
Offerors must describe their proposed technical solution for a uniform statewide voting system. The
Offeror’s description of the proposed voting system solution must include the following topics.


                                                   23
General Overview – Provide a general overview of the proposed voting system including how the
SEC and county systems will interact. Include;

      Describe how provisional ballots are created, managed, and tracked within the voting system.
      Describe how provisional ballots are held and kept separate within the voting system.
      Describe, in outline form, the workflow for conducting an election using the proposed voting
       system including all steps required from ballot preparation through tallying and reporting.

Election Management System – Describe the proposed Election Management System (EMS).
Include;

      Describe how the EMS provides for the tabulation of votes cast in split precincts.
      Describe how many cast provisional ballots can be stored in the EMS.
      Describe how the proposed voting system handles straight-party voting (according to SC Law,
       President and Vice-President are included in the straight-party ticket on electronic voting
       machines but are separate on punch card voting machines).
      Describe the process used to generate ballot styles based on precinct and district parameters
       and specify whether the process is automatic or manual.
      Describe the proposed voting system’s capability to preview and print ballots before
       transmitting/loading onto voting units/devices.
      Describe whether the EMS can concurrently create, open, and edit multiple election databases.
       Describe the ballot tallying features of your voting system including a description of how the
       voting system tallies write-in votes.
      Describe all data that cannot be transmitted between the county EMS and State EMS.
      Describe whether the proposed voting system supports central tabulation of all County election
       results at the State level.

Reporting – Describe all the reporting features of the proposed voting system. This description must
include reporting at the precinct, county, and State levels. Include;

      Describe the custom reporting features utilizing any or all data in the election database of the
       proposed voting system.

Absentee – Describe the proposed integrated absentee voting system. Describe how absentee results
are integrated with all other results.

Voting Devices – Describe the proposed voting devices. Include;

      Specify how many cast provisional ballots can be stored in each voting device.
      Describe the precinct reporting features of the proposed voting system including in the
       description the process of extraction and consolidation of all voting devices and VWDs as well
       as the printing of individual devices and write-in’s.
      Describe the voting device hardware and software including information about the operating
       system and why it was chosen. Describe whether the voting unit/device contains battery
       backup.
      Specify how many voting units/devices can be plugged into a standard 15 amp power outlet.
      Describe the proposed voting device’s an audio and/or visual confirmation to the voter and the
       poll manager that the ballot has been cast.
      Describe the size, setup, storage, and transport features of your voting system. Include any
       means by which the equipment is protected from damage.
                                                  24
       Describe the storage requirements and limitations for the proposed voting devices and any
        associated equipment including how many can be stacked, whether power is required for
        storage, the practical temperature and humidity limits the voting device can withstand, etc.
       Describe whether the circuit boards of the proposed voting devices are protected with any
        coatings to protect them against damage due to dust, high heat, and humidity.
       Describe the procedure for transferring precinct vote totals to the election central EMS
        including any backup system in place in case this process fails.

Accessibility and Disabled Voter – Describe all accessibility and disabled voter features of the
proposed voting system. Include;

       Describe the audio ballot features and operations of the proposed voting device.

Auditing and Testing - Description of all auditing and testing features of the proposed system.
Include;

       Describe how a manual and electronic recount is conducted on the voting system.
       Describe how the voting system is tested for public demo and pre/post election verification.

Security - Describe of all security features of the proposed system. Include;

       Describe any security planning you would recommend the State and counties implement.
       Describe what system is in place that would identify and record any attempt at tampering with
        the proposed voting device by either the voter or an election official.
       Describe the physical means used to secure the election data in all phases of the voting device
        transportation, setup, and use.

Delivery Plan – Describe the equipment delivery and distribution plan for the proposed voting
system.

Acceptance, Installation, and Readiness – Describe your plan for acceptance testing, installation,
and readiness testing for the proposed voting system.

Technical Support – Describe all hardware and software technical support options for the proposed
voting system. Describe the processes typically involved in returning and replacing, or repairing failed
components, and your proposed return policies.

Warranty and Post Warranty – Describe all hardware and software warranty and post warranty
maintenance and support options available for the proposed voting system.

Training – Describe all training to be provided to the counties and SEC with the proposed voting
system. Include locations, classes (with description), schedules, class size.

Documentation – Describe and list all documentation to be provided to each county and the SEC.
Provide titles, description, and quantity for each specified item.

Offeror Qualifications
Offerors must include a description of the Offeror’s and any sub-contractors’ qualifications to provide
the proposed solution to meet the requirements defined in Section 3.Scope of Work of this RFP. The
Offeror must demonstrate the experience and financial capability to satisfy all immediate and long
                                                   25
term requirements to implement and support a statewide voting system. Offeror must include the legal
status of their company (e.g. LLC, Partnership, Sole Proprietorship, or Corporation). The Offeror’s
proposal must include the following information about the Offeror’s company and all sub-contractor
companies:

Experience
 Company background and history specifically related to elections.
 Total number of customers; total number of customers using election related products.
 States in which Offeror’s proposed voting system solution is certified for use.
 Summary of experience implementing electronic voting systems in jurisdictions with over 936,034
  registered voters.
 Summary of experience implementing statewide voting systems.
 Summary of experience implementing projects comparable to Phase 1, as described in this RFP, in
  size, scope and timeframe.
 The installed base of proposed product(s) as of the proposal submittal date (number of voting
  devices installed, and number of EMS systems installed).

References
 Provide a minimum of three customer references. Each reference must include:
              Name of customer.
              Customer contact person, telephone number, and e-mail address.
              Customer project manager, telephone number, and e-mail address.
              Name of your project manager.
              Type of jurisdiction (city/county/state).
              Description of project/type system.
              Number of counties/precincts/voting units.
              Implementation timeframe (from contract to installation).

Financials
 2002 and 2003 Audited financial statements. If these audited financial statements are not available,
  provide copies of your current balance sheet and profit and loss (P&L) statements including a
  notarized statement declaring each statement’s authenticity and accuracy signed by your Chief
  Executive Officer (CEO).
 Indicate any planned mergers or acquisitions.
 If not otherwise included in the financial statements submitted, include the following financial
  data: current liabilities; long-term debt; current assets; total assets; and total liabilities.

Capabilities
 Indicate whether the Offeror has had a contract terminated due to default within the last five years
  and outcome of the action. Provide details of the action.
 Number of voting systems sold in the last two years.
                                                     26
 Number of voting devices manufactured within the last two (2) years.
 Total number of employees; total number of employees dedicated solely to the support of election
  related products
 Location of headquarters; location of manufacturing; location of technical support staff
 A description of the Offeror’s capability to manufacture and deploy the proposed voting systems
  with the period specified in this RFP.
 A description of the Offeror’s capability to manufacture or supply spare parts for the proposed
  voting system over the reasonable life expectancy of the system.
 Identify the number of personnel currently retained on staff to provide ballot preparation services,
  the average years of ballot preparation experience on the staff, and the average number of election
  databases created per year over the most recent five years.

Project Management Methodologies, Personnel and Plans
 Describe project management methodology capabilities and experience, in general, and specifically
  in voting system projects.
 Describe the project management methodology you will use for this project.
 Identify representative members of a project team that could be proposed for this voting system
  project, and provide a current resume indicating specific election system implementation
  experience for each representative key team member.
 The specific roles and responsibilities of any sub-contractors the Offeror intends to use in the
  delivery of proposed voting system products and services.
 Provide a preliminary implementation project plan for Phase 1 as described in this RFP.
 Identify representative members of a training team that could be proposed for this voting system
  project, and describe their election system training experience.
 Provide a proposed training plan as part of the proposal. The plan should describe the scope of the
  Offeror’s proposed training program such as, but not limited to: poll managers, voting system
  technicians; and county and state election commission employees. The plan should describe the
  approach and schedule for the Offeror’s proposed training program such as, but not limited to:
  train-the-trainer; classroom-based; and correspondence and/or self-study courses and should
  identify the number of training classes proposed for the counties in each project phase broken
  down by phase.

VWD/Accessibility
Offerors must provide and demonstrate the Voters With Disabilities (VWD) and Accessibility features
of their proposed voting system solution. The demonstration will be performed at the offices of the
SEC at a specific date and time to be determined after the receipt of proposals.

Business Plan
Offerors must provide a Business Plan to include, at a minimum, the items listed in this section.
 Provide a breakdown of costs, broken down by phases as described in this RFP, for all equipment,
  services, and maintenance and support as proposed by the Offeror in fulfillment of this contract for
  the total potential term of the contract


                                                   27
 Provide a risk analysis associated with the proposed solution. Describe how the Offeror will
  mitigate the identified risk(s).
 Identify any risks and rewards associated with the project that can be shared with the State.

Bid Bond
Offerors must submit a bid bond in the amount of five percent (5%) of the total value of the proposed
solution.


5. Award Criteria
All proposals will be initially reviewed by the Information Technology Management Office for
purposes of determining responsiveness. Any proposal that does not meet the material and and/or
essential requirements of the State will be disqualified. Each proposal that is, in the opinion of the
Information Technology Management Office, in full compliance with the mandatory requirements of
the RFP will be evaluated by a committee.

5.1 Evaluation of Proposals
The South Carolina SEC will appoint an evaluation committee comprised of five (5) election officials
to rate each Offeror’s proposal based on the following criteria:
 Technical Solution – 40%
 Offeror Qualifications – 30%
 Project Management Methodology, Personnel, and Plans – 10%
 Voters with Disabilities/Accessibility – 10%
 Business Plan – 10%

5.2 Oral Presentations and System Trials
The SEC reserves the right at their sole discretion to invite the highest scoring Offeror to appear before
the evaluation committee to demonstrate their proposed voting system.

6. Special Conditions
The following special conditions apply to this RFP.

6.1 Performance Bonds
       Performance Bond

       As a condition of the execution of the contract, the CONTRACTOR shall supply a performance
       bond; certificate of deposit; cash; an unconditional, irrevocable, standby letters of credit; or
       marketable securities, or provide other financial arrangements whereby funds are pledged to the
       benefit of the State, are not under the control of the CONTRACTOR, are payable to the State
       upon written demand to the holder of the security, and are subject to the direction of the State if
       any of the circumstances set forth in sub-sections below occur. This security will protect,
       indemnify, and save harmless the State from all costs and damages by reason of the


                                                    28
       CONTRACTOR'S default, breach, or failure to satisfactorily complete any of the following
       terms:

               Payment to all entities, individuals, and the like furnishing of labor or materials in
               connection with this contract; and/or

               The successful execution of the final implementation plan, including satisfactorily
               meeting the performance or test requirements on the dates specified in the final
               implementation plan and the acceptance requirements and/or

               Full and satisfactory performance of the ongoing obligations contained in this RFP, any
               amendments and any subsequent contract between the State and the CONTRACTOR.

       In the event of any condition of breach or other circumstance, such as those set forth above,
       attributable to the CONTRACTOR, the State shall have the right to draw against the security
       such sums as are necessary to make the State whole, to secure and compensate the State for
       substituted services or other forms of relief made necessary by the breach. Nothing herein shall
       be construed to mean that the security provided for herein is exclusive or constitutes any
       limitation or restriction on any remedies to which the State may be entitled.

       The security shall be for the benefit of the State, payable only to the State at its discretion
       pursuant to the terms of this section, shall be in the face amount of the contract and shall be
       non-exclusive and in addition to all other remedies available to the State under this RFP or the
       contract, or by law.

       The CONTRACTOR shall establish the security not later than ten (10) days after execution of
       the contract, and failure to satisfy this requirement will void the contract.

       Any interest or other income resulting from the security shall become and remain the property
       and possession of the CONTRACTOR and shall be payable to the CONTRACTOR.

       The CONTRACTOR may request a reduction in the security on an annual basis, no earlier than
       twelve (12) months after the first anniversary date of acceptance of the service, and the State’s
       consideration of such request shall take into account performance, and likelihood of the need
       for future protection provided by the security to the State.

6.2 Payment Schedule
The South Carolina SEC will hold back payment of 10% of the total contract value in each phase until
the Contractor has completed the uniform statewide voting system implementation for that phase.
Completion of the uniform statewide voting system implementation is defined as:
 Installation of all uniform statewide voting system hardware and software for participants of a
  phase
 Successful completion of one (1) statewide general election in all locations participating in that
  phase.




                                                   29
Glossary
This section explains the conventions used in the document:

                                    ABS Absentee Ballot System – This has the same meaning as Optical Scan or
                                             Optical Scan Absentee Ballot Voting System. Includes all equipment, cables,
                                             connectors, and software to form a complete system.

                                     Cast The final act of a voter to indicate the votes for offices and issues have been
                                             selected on their ballot to show their vote.

                 DRE Voting System Direct Record Electronic Voting System is one that: records votes by means
                                             of a ballot display provided with mechanical or electro-optical devices;
                                             processes the data by means of a computer program; records voting data and
                                             ballot images in internal memory devices; and tabulates voting data as hard
                                             copy or stored in a removable memory device.

                   Provisional Voting Allows individuals whose name does not appear on the precinct’s list of
                                             registered voters to cast a ballot. This ballot is not added to the voted ballots
                                             until it is determined by local election officials whether the individual has
                                             properly registered to vote in the election in question. Also refers to any
                                             situation where it may be required to challenge a voter’s ability or right to
                                             vote.

      Voter with Disability (VWD) A registered voter with one or more physically restricting conditions such
                                             that the individual cannot vote using a regular DRE voting unit.

                         Voting Device The device used by a voter to record his/her vote. It includes the recording
                                             device, the voting booth, all electrical cords and other necessary wire and
                                             cables, software, a suitable power failure back-up system, and any necessary
                                             controlling unit or equipment.

                        Voting System The Help America Vote Act of 2002 defines a voting system as follows:
                                             1.   “the total combination of mechanical, electromechanical, or electronic
                                                  equipment (including the software, firmware, and documentation
                                                  required to program, control, and support the equipment) that is used (A)
                                                  to define ballots; (B) to cast and count votes; (C) to report or display
                                                  election results; and (D) to maintain and produce any audit trail
                                                  information; and”

                                             2.   “the practices and associated documentation used – (A) to identify
                                                  system components and versions of such components; (B) to test the
                                                  system during its development and maintenance; (C) to maintain records
                                                  of system errors and defects; (D) to determine specific system changes
                                                  to be made to a system after the initial qualification of the system; and
                                                  (E) to make available any materials to the voter (such as notices,
                                                  instructions, forms, or paper ballots).”


                           Voting Unit The electronic vote recording portion of a voting device.

                             VWD Unit DRE voting unit that is designed to accommodate voters with disabilities by
                                             providing interactive devices that allow the voter to operate the voting unit
                                             without assistance.




                                                              30
Appendix A – Number of Voting Machines Per County

                                                    Approx                   Total
                                   Reg.             # of       # Precincts   Required
        Project   County           Voters As        Absentee   (w/           Voting
        Phase     / SEC            of 7/1/03        Voters     Absentee)     Stations
            1     Abbeville           13,036            525         15             72
            1     Aiken               72,775           4,410        73            390
            1     Anderson            83,950           3,360        76            454
            1     Calhoun             9,069             630         13             53
            1     Cherokee            26,610            945         34            146
            1     Florence            64,846           2,520        64            351
            1     Greenville         202,038           8,715       136          1,081
            1     Kershaw             29,907           1,260        31            164
            1     Lexington          117,700           5,670        75            630
            1     Oconee              32,541           2,415        30            179
            1     Spartanburg        128,404           5,670        88            690
            1     Sumter              52,207           3,841        56            283
            1     Union               15,507            630         28             91
            1     York                87,454           3,931        57            470

            1     SEC                 n/a               n/a        n/a            6
                  Phase 1 Totals    936,044           44,522       776          5060




                                               31
                                           Approx                     Total
                          Reg.             # of         # Precincts   Required
Project   County          Voters As        Absentee     (w/           Voting
Phase     / SEC           of 7/1/03        Voters       Absentee)     Stations
    2     Allendale          5,660             210           9              34
    2     Bamberg            8,061             315           14             55
    2     Barnwell           11,671            525           16             65
    2     Beaufort           66,353           4,200          78            358
    2     Berkeley           61,619           2,415          51            334
    2     Charleston        156,039           8,925         174            837
    2     Chester            18,955            840           23            106
    2     Chesterfield       19,150            630           30            118
    2     Clarendon          18,907           1,680          26            106
    2     Colleton           19,449           1,365          33            115
    2     Darlington         33,267           1,890          34            181
    2     Dillon             17,786            735           21            102
    2     Dorchester         53,529           1,575          37            290
    2     Edgefield          13,142           1,050          12             74
    2     Fairfield          12,808            420           23             82
    2     Georgetown         31,282           1,575          35            173
    2     Greenwood          33,565           3,675          34            187
    2     Hampton            12,683           1,260          19             78
    2     Horry             109,674           4,515         109            592
    2     Jasper             10,596            735           15             61
    2     Lancaster          28,897           1,155          28            157
    2     Laurens            31,574           1,050          35            173
    2     Lee                11,429            420           25             71
    2     Marion             19,878            735           18            109
    2     Marlboro           14,480            945           16             83
    2     McCormick          5,508             525           11             38
    2     Newberry           17,755           1,365          32            103
    2     Orangeburg         50,406           2,100          54            273
    2     Pickens            51,724           2,100          53            280
    2     Richland          171,383          11,130         111            916
    2     Saluda             10,771            420           19             63
    2     Williamsburg       20,254            525           34            124

          Phase 2 Total   1,148,255            61,005         1,229        6,338

            Statewide
              Totals      2,084,299           105,527         2,005        11,398




                                      32

				
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