7700120.pdf

STATE OF MICHIGAN

ENTERPRISE PROCUREMENT

DTMB

320 S Walnut Street Lansing, MI 48933 P.O. Box 30026, Lansing, MI 48909

CONTRACT CHANGE NOTICE

CONTRACT SUMMARY

Voting System Hardware, Firmware, Software and Ser

INITIAL EFFECTIVE DATE INITIAL EXPIRATION DATE INITIAL AVAILABLE OPTIONS EXPIRATION DATE

BEFORE

March 1, 2017 February 28, 2027 0 - 0 Months February 28, 2027

PAYMENT TERMS DELIVERY TIMEFRAME

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

MINIMUM DELIVERY REQUIREMENTS

P-Card Direct Voucher (PRC) Other Yes No

11208 John Galt Blvd

Omaha NE 68137

Wil Wesley

954-816-0042 wil.wesley@essvote.com

CV0056231

ELECTION SYSTEMS & SOFTWARE

INC

C O

N

TR

A C

TO

R

517-335-3230 tarrantd2@michigan.gov

Jordana Sager

(517) 896-1903

DTMB

David Tarrant MDOS sagerj2@michigan.gov

C ontract

A dm inistrator Program M anagerSTA

TE

Change Notice Number 15

Contract Number MA071B7700120C to

DESCRIPTION OF CHANGE NOTICE

OPTION EXTENSIONLENGTH OF OPTION LENGTH OF EXTENSION REVISED EXP. DATE

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

0 Years

$6,421,994.16 $0.00 $6,421,994.16

DESCRIPTION

Effective July 28, 2025, the Contract Administrator has been changed to Jordana Sager.

All other terms, conditions, specifications and pricing remain the same. Per (DTMB) contractor (request/proposal) and agency (request) agreement, and DTMB Central Procurement approval.

Department of Technology, Management, and Budget 320 S. Walnut Street 2nd Floor Lansing, MI 48933

P.O. BOX 30026 LANSING, MICHIGAN 48909

CONTRACT CHANGE NOTICE

CONTRACT SUMMARY

Voting System Hardware, Firmware, Software and Ser

INITIAL EFFECTIVE DATE INITIAL EXPIRATION DATE INITIAL AVAILABLE OPTIONS EXPIRATION DATE

BEFORE

March 1, 2017 February 28, 2027 0 - 0 Months February 28, 2027

PAYMENT TERMS DELIVERY TIMEFRAME

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

MINIMUM DELIVERY REQUIREMENTS

P-Card Direct Voucher (PRC) Other Yes No

11208 John Galt Blvd

Omaha NE 68137

Wil Wesley

954-816-0042 wil.wesley@essvote.com

CV0056231

ELECTION SYSTEMS & SOFTWARE

INC

C O

N

TR

A C

TO

R

517-335-3230 tarrantd2@michigan.gov

Katie McFarland

517-930-6814

DTMB

David Tarrant MDOS

McFarlandK1@michigan.gov

C ontract

A dm inistrator Program M anagerSTA

TE

Change Notice Number 14

Contract Number MA071B7700120C to

DESCRIPTION OF CHANGE NOTICE

OPTION EXTENSIONLENGTH OF OPTION LENGTH OF EXTENSION REVISED EXP. DATE

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

$6,421,994.16 $0.00 $6,421,994.16

DESCRIPTION

Effective date 4/14/2025, the following items are added to this contract, per revised Schedule C - Pricing.

All other terms, conditions, specifications and pricing remain the same. Per contractor and agency agreement, and DTMB Central Procurement approval.

Contract No. 071B7700120

Voting System Hardware, Firmware, Software and Service SCHEDULE C PRICING - Revisions Only

CENTRAL PROCUREMENT SERVICES

Department of Technology, Management, and Budget

320 S. WALNUT ST., LANSING, MICHIGAN 48933

P.O. BOX 30026 LANSING, MICHIGAN 48909

CONTRACT CHANGE NOTICE

Change Notice Number 13 to Contract Number 071B7700120 tarrantd2@michigan.gov

David Tarrant

Katie McFarland wil.wesley@essvote.com

Wil Wesley

Omaha, NE 68137

ELECTION SYSTEMS & SOFTWARE INC

CV0056231

954-816-0042

11208 John Galt Blvd

517-930-6814

STA

TE

P ro g ra m

M a n a g e r

C o n tra ct

A d m in istra to r

C O

N T R A C T O

R

517-335-3230

DTMB

mcfarlandk1@michigan.gov

$6,421,994.16

March 1, 2017 February 28, 2027

VOTING SYSTEM HARDWARE, FIRMWARE, SOFTWARE AND SER

February 28, 2027

INITIAL AVAILABLE OPTIONS EXPIRATION DATE

BEFORE

0 - 0 Year

PAYMENT TERMS DELIVERY TIMEFRAME

Net 45 Days

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

☐ P-Card ☐ PRC ☐ Other ☒ Yes ☐ No

MINIMUM DELIVERY REQUIREMENTS

DESCRIPTION OF CHANGE NOTICE

OPTION LENGTH OF OPTION EXTENSION LENGTH OF EXTENSION REVISED EXP. DATE

☐ ☐ February 28, 2027

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

$0.00 $6,421,994.16

Effective February 13, 2024, Early Voting Support is hereby added to this contract per the revised Schedule C - Pricing.

All other terms, conditions, specifications and pricing remain the same. Per contractor and agency agreement, and DTMB Central Procurement approval.

INITIAL EXPIRATION DATEINITIAL EFFECTIVE DATE

DESCRIPTION

CONTRACT SUMMARY

MDOS

SCHEDULE C PRICING - Revisions Only

Cost Table 6: Early Voting (EV) Support

Effective Onsite Support – Daily Rate (Dedicated technician onsite)

Regional Support – Daily Rate (Technician shared between counties)

2/13/24 $1,575 per technician $1,575 per technician New 10/1/2024 $1,975 per technician $1,975 per technician New

Telephone support is included at no additional cost with a target resolution of 4 hours.

Phase Initial Response Subsequent Responses Target Resolution Time

Early Voting Period

Within 2 hours of receipt of call, email or voicemail to the ES&S Support team

Phone: 877-ESS-VOTE (877-377-8683) Email: hardware@essvote.com so�ware@essvote.com

As needed 4 hours

New mailto:hardware@essvote.com mailto:software@essvote.com

Department of Technology, Management, and Budget

320 S. WALNUT ST., LANSING, MICHIGAN 48933

P.O. BOX 30026 LANSING, MICHIGAN 48909

CONTRACT CHANGE NOTICE

Change Notice Number 12 to Contract Number 071B7700120 tarrantd2@michigan.gov

David Tarrant

Katie McFarland wil.wesley@essvote.com

Wil Wesley

Omaha, NE 68137

ELECTION SYSTEMS & SOFTWARE INC

CV0056231

954-816-0042

11208 John Galt Blvd

517-930-6814

STA

TE

P ro g n a g e r

C o n tra ct

A d m in istra to r

C O

N T R A C T O

R

517-373-2543

DTMB

mcfarlandk1@michigan.gov

$5,921,994.16

March 1, 2017 February 28, 2027

VOTING SYSTEM HARDWARE, FIRMWARE, SOFTWARE AND SER

February 28, 2027

INITIAL AVAILABLE OPTIONS EXPIRATION DATE

BEFORE

0 - 0 Year

PAYMENT TERMS DELIVERY TIMEFRAME

Net 45 Days

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

☐ P-Card ☐ PRC ☐ Other ☒ Yes ☐ No

MINIMUM DELIVERY REQUIREMENTS

DESCRIPTION OF CHANGE NOTICE

OPTION LENGTH OF OPTION EXTENSION LENGTH OF EXTENSION REVISED EXP. DATE

☐ ☐ February 28, 2027

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

N/A

$500,000.00 $6,421,994.16

Effective December 15, 2023, this contract is hereby increased by $500,000.00.

All other terms, conditions, specifications and pricing remain the same. Per contractor and agency agreement, and DTMB Central Procurement approval.

INITIAL EXPIRATION DATEINITIAL EFFECTIVE DATE

DESCRIPTION

Department of Technology, Management, and Budget

320 S. WALNUT ST., LANSING, MICHIGAN 48933

P.O. BOX 30026 LANSING, MICHIGAN 48909

CONTRACT CHANGE NOTICE

Change Notice Number 11 to Contract Number 071B7700120 tarrantd2@michigan.gov

David Tarrant

Katie McFarland wil.wesley@essvote.com

Wil Wesley

Omaha, NE 68137

ELECTION SYSTEMS & SOFTWARE INC

CV0056231

954-816-0042

11208 John Galt Blvd

517-930-6814

STA

TE

P ro g n a g e r

C o n tra ct

A d m in istra to r

C O

N T R A C T O

R

517-373-2543

DTMB

mcfarlandk1@michigan.gov

$5,921,994.16

March 1, 2017 February 28, 2027

VOTING SYSTEM HARDWARE, FIRMWARE, SOFTWARE AND SER

February 28, 2027

INITIAL AVAILABLE OPTIONS EXPIRATION DATE

BEFORE

0 - 0 Year

PAYMENT TERMS DELIVERY TIMEFRAME

Net 45 Days

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

☐ P-Card ☐ PRC ☐ Other ☒ Yes ☐ No

MINIMUM DELIVERY REQUIREMENTS

DESCRIPTION OF CHANGE NOTICE

OPTION LENGTH OF OPTION EXTENSION LENGTH OF EXTENSION REVISED EXP. DATE

☐ ☐ February 28, 2027

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

N/A

$0.00 $5,921,994.16

Effective November 3, 2023, Cost Table 4: Component Replacement/Additional Parts is revised to delete existing Ballot On Demand solution and replace it with the new solution as reflected on the revised Schedule C - Pricing.

All other terms, conditions, specifications and pricing remain the same. Per contractor and agency agreement, and DTMB Central Procurement approval.

INITIAL EXPIRATION DATEINITIAL EFFECTIVE DATE

DESCRIPTION

CONTRACT #071B7700120

Schedule C – Pricing – Revisions Only

ES&S Ballot‐On‐Demand (1‐year Price)

Estimated Life (Years)

Purchase Source (Indicate if COTS)

Per‐Unit Price

Color Ballot‐On‐Demand Hardware

- Compact Color Printer w/Firmware

- Laptop Computer without Router

- Printer/Software Training

- Installation

- Ballot on Demand Software

- 1 year Software Warranty

- Shipping and Handling to Customer Loading Dock

N/A Replace if damaged or no longer functioning

Brother Color Printer with Special ES&S Features and Firmware

$7,860.00

Ballot‐On‐Demand Hardware

- Compact B&W Printer w/Firmware

- Laptop Computer without Router

- Printer/Software Training

- Installation

- Ballot on Demand Software

- 1 year Software Warranty

- Shipping and Handling to Customer Loading Dock

N/A Replace if damaged or no longer functioning

Brother B&W Printer with Special ES&S Features and Firmware

$7,280.00

Annual Post Warranty Software License and Maintenance and Support Fees:

N/A

Fees based upon a 1‐ year customer commitment to subscribe to the Annual Warranty

$870.00

Additional Color Printer for BOD N/A Replace if damaged or no longer functioning

Brother Color Printer with Special ES&S Features and Firmware

$1,605.00

Additional B&W Printer for BOD N/A Replace if damaged or no longer functioning

Brother B&W Printer with Special ES&S Features and Firmware

$1,025.00

2D Barcode Scanner (Optional) N/A Replace if damaged or no longer functioning

COTS $390.00

Ballot On Demand Initial Election Set‐Up Fee per Election Event:

Black and White Ballot Set‐Up:

- $475.00 per election set‐up + $1.75 per unique PDF for first Computer,

- $42.00 for each additional Computer Set‐up Color Ballot Set‐Up:

- $575.00 per election set‐up + $1.75 per unique PDF for first Computer,

- $42.00 for each additional Computer Set‐up Rework of set up due to customer changes after initial set up is complete:

- $130.00 per change event for first Computer Set‐Up

- $42.00 for each additional Computer Set‐Up

Optional On‐Site Set‐Up: $1,975.00 per person, per day

*NOTE: Pricing structure is unique to this contract. Hardware purchase price includes a 1‐year software license and support, then the Annual Post Warranty Software License, Maintenance, and Support fees apply for subsequent years.

Department of Technology, Management, and Budget

320 S. WALNUT ST., LANSING, MICHIGAN 48933

P.O. BOX 30026 LANSING, MICHIGAN 48909

CONTRACT CHANGE NOTICE

Change Notice Number 10 to Contract Number 071B7700120 tarrantd2@michigan.gov

David Tarrant

Katie McFarland wil.wesley@essvote.com

Wil Wesley

Omaha, NE 68137

ELECTION SYSTEMS & SOFTWARE INC

CV0056231

954-816-0042

11208 John Galt Blvd

517-930-6814

STA

TE

P ro g n a g e r

C o n tra ct

A d m in istra to r

C O

N T R A C T O

R

517-335-3230

DTMB

mcfarlandk1@michigan.gov

$5,172,845.71

March 1, 2017 February 28, 2027

VOTING SYSTEM HARDWARE, FIRMWARE, SOFTWARE AND SER

February 28, 2027

INITIAL AVAILABLE OPTIONS EXPIRATION DATE

BEFORE

0 - 0 Year

PAYMENT TERMS DELIVERY TIMEFRAME

Net 45 Days

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

☐ P-Card ☐ PRC ☐ Other ☒ Yes ☐ No

MINIMUM DELIVERY REQUIREMENTS

DESCRIPTION OF CHANGE NOTICE

OPTION LENGTH OF OPTION EXTENSION LENGTH OF EXTENSION REVISED EXP. DATE

☐ ☐ February 28, 2027

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

N/A

$749,148.45 $5,921,994.16

Effective October 9, 2023, this contract is hereby increased by $749,148.45.

All other terms, conditions, specifications and pricing remain the same. Per contractor and agency agreement, and DTMB Central Procurement approval.

INITIAL EXPIRATION DATEINITIAL EFFECTIVE DATE

DESCRIPTION

Department of Technology, Management, and Budget

320 S. WALNUT ST., LANSING, MICHIGAN 48933

P.O. BOX 30026 LANSING, MICHIGAN 48909

CONTRACT CHANGE NOTICE

Change Notice Number 9 to 071B7700120Contract Number tarrantd2@michigan.gov

David Tarrant

Katie McFarland wil.wesley@essvote.com

Wil Wesley

Omaha, NE 68137

ELECTION SYSTEMS & SOFTWARE INC

CV0056231

954-816-0042

11208 John Galt Blvd

517-930-6814

STA

TE

P ro g n a g e r

C o n tra ct

A d m in istra to r

C O

N T R A C T O

R

517-335-3230

DTMB

mcfarlandk1@michigan.gov

$5,172,845.71

March 1, 2017 February 28, 2027

VOTING SYSTEM HARDWARE, FIRMWARE, SOFTWARE AND SER

February 28, 2027

INITIAL AVAILABLE OPTIONS EXPIRATION DATE

BEFORE

0 - 0 Year

PAYMENT TERMS DELIVERY TIMEFRAME

Net 45 Days

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

☐ P-Card ☐ PRC ☐ Other ☒ Yes ☐ No

MINIMUM DELIVERY REQUIREMENTS

DESCRIPTION OF CHANGE NOTICE

OPTION LENGTH OF OPTION EXTENSION LENGTH OF EXTENSION REVISED EXP. DATE

☐ ☐ February 28, 2027

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

N/A

$0.00 $5,172,845.71

Effective November 1, 2022, the DS200 tote bin has here by been add to this contract per the revised Schedule A - Pricing.

All other terms, conditions, specifications and pricing remain the same. Per contractor and agency agreement, and DTMB Central Procurement approval.

INITIAL EXPIRATION DATEINITIAL EFFECTIVE DATE

DESCRIPTION

STATE OF

MICHIGAN

Voting System Hardware, Firmware, Software and Service

Schedule C – Pricing – Revisions to Table 4 Only

Cost Table 4. Component Replacement/Additional Parts

Product Estimated Life (Years) Purchase Source (Indicate if COTS) Per-Unit Price

DS200:

DS200 Blue Tote Bin/Ballot Storage Box (Item #00074) N/A. Replace if damaged Pivot International $395.00

Department of Technology, Management, and Budget

320 S. WALNUT ST., LANSING, MICHIGAN 48933

P.O. BOX 30026 LANSING, MICHIGAN 48909

CONTRACT CHANGE NOTICE

Change Notice Number 8 to 071B7700120Contract Number tarrantd2@michigan.gov

David Tarrant

Katie McFarland wil.wesley@essvote.com

Wil Wesley

Omaha, NE 68137

ELECTION SYSTEMS & SOFTWARE INC

CV0056231

954-816-0042

11208 John Galt Blvd

517-930-6814

STA

TE

P ro g n a g e r

C o n tra ct

A d m in istra to r

C O

N T R A C T O

R

517-373-2543

DTMB

mcfarlandk1@michigan.gov

$5,056,762.61

March 1, 2017 February 28, 2027

VOTING SYSTEM HARDWARE, FIRMWARE, SOFTWARE AND SER

February 28, 2027

INITIAL AVAILABLE OPTIONS EXPIRATION DATE

BEFORE

0 - 0 Year

PAYMENT TERMS DELIVERY TIMEFRAME

Net 45 Days

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

☐ P-Card ☐ PRC ☐ Other ☒ Yes ☐ No

MINIMUM DELIVERY REQUIREMENTS

DESCRIPTION OF CHANGE NOTICE

OPTION LENGTH OF OPTION EXTENSION LENGTH OF EXTENSION REVISED EXP. DATE

☐ ☐ February 28, 2027

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

N/A

$116,083.10 $5,172,845.71

Effective 6/15/2022, this contract is hereby increased by $116,083.10. Schedule C - Pricing, Cost Table 3, High Speed AVCB Tabulator has been revised to remove the DS850 and replace it with the DS950 model.

All other terms, conditions, specifications and pricing remain the same. Per contractor and agency agreement, and DTMB Central Procurement approval.

INITIAL EXPIRATION DATEINITIAL EFFECTIVE DATE

DESCRIPTION

Schedule C – Pricing – Revision to Table 3 Only Cost Table 3. OPTIONAL ITEM – High Speed AVCB Tabulator

Hardware

COTS?

(Y/N)

Additional Hardware/ Software Required?

(Y/N)**

Processing Speed (Ballots per Minute)

Per-Unit Purchase Price (includes Service / Maintenance for acquisition year + 4 years)

Annual Per-Unit Extended Service / Maintenance Price (5 additional years)

High Speed AVCB Tabulator* Make / Model / Version #, recommended options for Small, Medium and Large-sized local jurisdictions

Large County (See Note 1):

- ES&S DS450 Scanner

- ES&S DS950 Scanner

DS450 & DS950 Scanners Include:

- Steel Table/Cart

- Dust Cover

- Reports Printer

- Audit Printer

- UPS Battery Backup

- Two (2) USB Cables

Start-Up Kit with Three (3) 8GB USB Memory Device

N N

DS450:

11” – 91 14” – 75 17” – 63 19” – 50

DS950:

11” - 340 14” - 280 17” - 235 19” - 215

$36,416.00

$139,545.00

$3,173.00

$5,300.00

*NOTES:

• The AVCB tabulators are utilized at the local jurisdiction (city/township) level, not at the county level.

Department of Technology, Management, and Budget

525 W. ALLEGAN ST., LANSING, MICHIGAN 48913

P.O. BOX 30026 LANSING, MICHIGAN 48909

CONTRACT CHANGE NOTICE

Change Notice Number 7 to 071B7700120Contract Number tarrantd2@michigan.gov

David Tarrant

Sue Cieciwa wil.wesley@essvote.com

Wil Wesley

Omaha, NE 68137

ELECTION SYSTEMS & SOFTWARE INC

CV0056231

954-816-0042

11208 John Galt Blvd

(517) 249-0458 S T A T E

P ro g n a g e r

C o n tra ct

A d m in istra to r

C O

N T R A C T O

R

MDOS

517-373-2543

DTMB

cieciwas@michigan.gov

$4,956,762.61

March 1, 2017 February 28, 2027

VOTING SYSTEM HARDWARE, FIRMWARE, SOFTWARE AND SERVICES - DEPARMENT OF STATE

February 28, 2027

INITIAL AVAILABLE OPTIONS EXPIRATION DATE

BEFORE

0 - 0 Year

PAYMENT TERMS DELIVERY TIMEFRAME

Net 45 Days

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

☐ P-Card ☐ PRC ☐ Other ☒ Yes ☐ No

MINIMUM DELIVERY REQUIREMENTS

DESCRIPTION OF CHANGE NOTICE

OPTION LENGTH OF OPTION EXTENSION LENGTH OF EXTENSION REVISED EXP. DATE

☐ ☐ February 28, 2027

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

There is no minimum order requirement.

$100,000.00 $5,056,762.61

Effective August 13, 2020, this Contract is increased by $100,000.00 for MDOS use.

All other terms, conditions, specifications and pricing remain the same. Per Contractor and agency agreement, and DTMB, Central Procurement Services approval.

INITIAL EXPIRATION DATEINITIAL EFFECTIVE DATE

Refer to Section 2.1 Time Frames

DESCRIPTION

Department of Technology, Management, and Budget

525 W. ALLEGAN ST., LANSING, MICHIGAN 48913

P.O. BOX 30026 LANSING, MICHIGAN 48909

CONTRACT CHANGE NOTICE

Change Notice Number 6 to 071B7700120Contract Number tarrantd2@michigan.gov

David Tarrant

Sue Cieciwa wil.wesley@essvote.com

Wil Wesley

Omaha, NE 68137

ELECTION SYSTEMS & SOFTWARE INC

CV0056231

954-816-0042

11208 John Galt Blvd

(517) 249-0458 S T A T E

P ro g n a g e r

C o n tra ct

A d m in istra to r

C O

N T R A C T O

R

MDOS

517-373-2543

DTMB

cieciwas@michigan.gov

$4,836,762.61

March 1, 2017 February 28, 2027

VOTING SYSTEM HARDWARE, FIRMWARE, SOFTWARE AND SERVICES - DEPARTMENT OF STATE

February 28, 2027

INITIAL AVAILABLE OPTIONS EXPIRATION DATE

BEFORE

0 - 0 Year

PAYMENT TERMS DELIVERY TIMEFRAME

Net 45 Days

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

☐ P-Card ☐ PRC ☐ Other ☒ Yes ☐ No

MINIMUM DELIVERY REQUIREMENTS

DESCRIPTION OF CHANGE NOTICE

OPTION LENGTH OF OPTION EXTENSION LENGTH OF EXTENSION REVISED EXP. DATE

☐ ☐ February 28, 2027

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

There is no minimum order requirement.

$120,000.00 $4,956,762.61

Effective June 1, 2020, this Contract is increased by $120,000.00 for MDOS use.

In addition, federal provisions are added to this Contract, per attached Federal Provisions Addendum.

All other terms, conditions, specifications and pricing remain the same. Per Contractor and agency agreement, and DTMB, Central Procurement Services approval.

INITIAL EXPIRATION DATEINITIAL EFFECTIVE DATE

Refer to Section 2.1 Time Frames

Version 10 (4/2020)

Federal Provisions Addendum

This addendum applies to purchases that will be paid for in whole or in part with funds obtained from the federal government. The provisions below are required, and the language is not negotiable. If any provision below conflicts with the State’s terms and conditions, including any attachments, schedules, or exhibits to the State’s Contract, the provisions below take priority to the extent a provision is required by federal law; otherwise, the order of precedence set forth in the Contract applies. Hyperlinks are provided for convenience only; broken hyperlinks will not relieve Contractor from compliance with the law.

1. Equal Employment Opportunity

If this Contract is a “federally assisted construction contract” as defined in 41 CFR Part 60-1.3, and except as otherwise may be provided under 41 CFR Part 60, then during performance of this Contract, the Contractor agrees as follows:

(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;

rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

(4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

https://www.govinfo.gov/content/pkg/CFR-2019-title41-vol1/pdf/CFR-2019-title41-vol1-part60.pdf https://www.govinfo.gov/app/details/CFR-2019-title41-vol1/CFR-2019-title41-vol1-subtitleB-chap60/summary https://www.dol.gov/ofccp/regs/statutes/eo11246.htm https://www.dol.gov/ofccp/regs/statutes/eo11246.htm https://www.dol.gov/ofccp/regs/statutes/eo11246.htm https://www.dol.gov/ofccp/regs/statutes/eo11246.htm

(8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

2. Davis-Bacon Act (Prevailing Wage)

If this Contract is a prime construction contracts in excess of $2,000, the Contractor (and its Subcontractors) must comply with the Davis-Bacon Act (40 USC 3141-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”), and during performance of this Contract the Contractor agrees as follows:

(1) All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.

(2) Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

(3) Additionally, contractors are required to pay wages not less than once a week.

3. Copeland “Anti-Kickback” Act

If this Contract is a contract for construction or repair work in excess of $2,000 where the Davis-Bacon Act applies, the Contractor must comply with the Copeland “Anti-Kickback” Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”), which prohibits the Contractor and subrecipients from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any https://www.dol.gov/ofccp/regs/statutes/eo11246.htm https://www.law.cornell.edu/definitions/index.php?width=840&amp%3Bheight=800&amp%3Biframe=true&amp%3Bdef_id=22edf9acbb0b836eba994727b86adedf&amp%3Bterm_occur=16&amp%3Bterm_src=Title%3A41%3ASubtitle%3AB%3AChapter%3A60%3APart%3A60-1%3ASubpart%3AA%3A60-1.4 https://www.govinfo.gov/app/details/USCODE-2018-title40/USCODE-2018-title40-subtitleII-partA-chap31-subchapIV https://www.govinfo.gov/app/details/CFR-2019-title29-vol1/CFR-2019-title29-vol1-part5 https://www.govinfo.gov/app/details/CFR-2019-title29-vol1/CFR-2019-title29-vol1-part5 https://www.govinfo.gov/app/details/USCODE-2018-title40/USCODE-2018-title40-subtitleII-partA-chap31-subchapIV-sec3145 https://www.govinfo.gov/app/details/CFR-2019-title29-vol1/CFR-2019-title29-vol1-part3 part of the compensation to which he or she is otherwise entitled, and during performance of this Contract the Contractor agrees as follows:

(1) Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

(2) Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA or the applicable federal awarding agency may by appropriate instructions require, and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

(3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Contractor and Subcontractor as provided in 29 C.F.R. § 5.12.

4. Contract Work Hours and Safety Standards Act

If the Contract is in excess of $100,000 and involves the employment of mechanics or laborers, the Contractor must comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable, and during performance of this Contract the Contractor agrees as follows:

(1) Overtime requirements. No Contractor or Subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any Subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and Subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph

(1) of this section.

(3) Withholding for unpaid wages and liquidated damages. The State shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or Subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

(4) Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

5. Rights to Inventions Made Under a Contract or Agreement

If the Contract is funded by a federal “funding agreement” as defined under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the https://www.govinfo.gov/app/details/USCODE-2018-title40/USCODE-2018-title40-subtitleII-partA-chap37-sec3702 https://www.govinfo.gov/app/details/USCODE-2018-title40/USCODE-2018-title40-subtitleII-partA-chap37-sec3704 https://www.govinfo.gov/app/details/CFR-2019-title29-vol1/CFR-2019-title29-vol1-part5 https://www.govinfo.gov/content/pkg/CFR-2019-title37-vol1/pdf/CFR-2019-title37-vol1-sec401-2.pdf substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

6. Clean Air Act and the Federal Water Pollution Control Act

If this Contract is in excess of $150,000, the Contractor must comply with all applicable standards, orders, and regulations issued under the Clean Air Act (42 USC 7401-7671q) and the Federal Water Pollution Control Act (33 USC 1251-1387), and during performance of this Contract the Contractor agrees as follows:

Clean Air Act

1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

2. The Contractor agrees to report each violation to the State and understands and agrees that the State will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency or the applicable federal awarding agency, and the appropriate Environmental Protection Agency Regional Office.

3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA or the applicable federal awarding agency.

Federal Water Pollution Control Act

1. The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

2. The Contractor agrees to report each violation to the State and understands and agrees that the State will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency or the applicable federal awarding agency, and the appropriate Environmental Protection Agency Regional Office.

3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA or the applicable federal awarding agency.

7. Debarment and Suspension

A “contract award” (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (51 FR 6370; February 21, 1986) and 12689 (54 FR 34131; August 18, 1989), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.

3000. As such, the Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

(3) This certification is a material representation of fact relied upon by the State. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

https://www.govinfo.gov/app/details/CFR-2019-title37-vol1/CFR-2019-title37-vol1-part401 https://www.govinfo.gov/app/details/USCODE-2018-title42/USCODE-2018-title42-chap85 https://www.govinfo.gov/app/details/USCODE-2018-title33/USCODE-2018-title33-chap26 https://www.govinfo.gov/app/details/USCODE-2018-title33/USCODE-2018-title33-chap26 https://www.govinfo.gov/app/details/CFR-2019-title2-vol1/CFR-2019-title2-vol1-sec180-220 https://sam.gov/SAM/pages/public/index.jsf https://www.govinfo.gov/app/details/CFR-2019-title2-vol1/CFR-2019-title2-vol1-part180 https://www.archives.gov/federal-register/codification/executive-order/12549.html https://www.govinfo.gov/content/pkg/FR-1986-02-21/pdf/FR-1986-02-21.pdf https://www.govinfo.gov/content/pkg/FR-1989-08-18/pdf/FR-1989-08-18.pdf https://www.archives.gov/federal-register/codification/executive-order/12549.html https://www.archives.gov/federal-register/codification/executive-order/12549.html

(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

8. Byrd Anti-Lobbying Amendment

Contractors who apply or bid for an award of $100,000 or more shall file the required certification in Exhibit 1 – Byrd Anti-Lobbying Certification below. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

9. Procurement of Recovered Materials

Under 2 CFR 200.322, Contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.

(1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

a. Competitively within a timeframe providing for compliance with the contract performance schedule;

b. Meeting contract performance requirements; or

c. At a reasonable price.

(2) Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.

(3) The Contractor also agrees to comply with all other applicable requirements of

Section 6002 of the Solid Waste Disposal Act.

10. Additional FEMA Contract Provisions.

The following provisions apply to purchases that will be paid for in whole or in part with funds obtained from the Federal Emergency Management Agency (FEMA):

(1) Access to Records. The following access to records requirements apply to this contract:

a. The Contractor agrees to provide the State, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

b. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

c. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

d. In compliance with the Disaster Recovery Act of 2018, the State and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

https://www.govinfo.gov/app/details/CFR-2014-title2-vol1/CFR-2014-title2-vol1-sec200-322/context https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

(2) Changes.

See the provisions regarding modifications or change notice in the Contract Terms.

(3) DHS Seal, Logo, And Flags

The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

(4) Compliance with Federal Law, Regulations, and Executive Orders

This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.

(5) No Obligation by Federal Government

The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the State, Contractor, or any other party pertaining to any matter resulting from the Contract.”

(6) Program Fraud and False or Fraudulent Statements or Related Acts

The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.

Version 4: 4/2020

Exhibit 1 - Byrd Anti-Lobbying Certification

Contractor must complete this certification if the purchase will be paid for in whole or in part with funds obtained from the federal government and the purchase is greater than $100,000.

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, Election Systems & Software Inc., certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date

Department of Technology, Management, and Budget

525 W. ALLEGAN ST., LANSING, MICHIGAN 48913

P.O. BOX 30026 LANSING, MICHIGAN 48909

CONTRACT CHANGE NOTICE

Change Notice Number 5 to 071B7700120Contract Number tarrantd2@michigan.gov

David Tarrant

Sue Cieciwa wil.wesley@essvote.com

Wil Wesley

Omaha, NE 68137

ELECTION SYSTEMS & SOFTWARE INC

CV0056231

954-816-0042

11208 John Galt Blvd

(517) 249-0458 S T A T E

P ro g n a g e r

C o n tra ct

A d m in istra to r

C O

N T R A C T O

R

MDOS

517-373-2543

DTMB

cieciwas@michigan.gov

$5,000,000.00

March 1, 2017 February 28, 2027

VOTING SYSTEM HARDWARE, FIRMWARE, SOFTWARE AND SERVICES - DEPARTMENT OF STATE

February 28, 2027

INITIAL AVAILABLE OPTIONS EXPIRATION DATE

BEFORE

0 - 0 Year

PAYMENT TERMS DELIVERY TIMEFRAME

Net 45 Days

ALTERNATE PAYMENT OPTIONS EXTENDED PURCHASING

☐ P-Card ☐ PRC ☐ Other ☒ Yes ☐ No

MINIMUM DELIVERY REQUIREMENTS

DESCRIPTION OF CHANGE NOTICE

OPTION LENGTH OF OPTION EXTENSION LENGTH OF EXTENSION REVISED EXP. DATE

☐ ☐ February 28, 2027

CURRENT VALUE VALUE OF CHANGE NOTICE ESTIMATED AGGREGATE CONTRACT VALUE

There is no minimum delivery requirement.

($163,237.39) $4,836,762.61

Effective March 24, 2020, this Contract is decreased by $163,237.39.

Effective March 24, 2020, the parties agree to amend this Contract under Section 4. Change Control Process at Schedule A, Statement of Work at Section 5.1 Authorizing Document and Section 8.1 Invoice Requirements. (Changes are in bold)

5.1 Authorizing Document

The appropriate authorizing document for the Contract will be a written Purchase Order, which will be initiated at the State level for each county for each planned purchase period. All orders are subject to the State’s standard contract terms.

Initial purchase orders will be placed by State purchasing officials. Counties and local jurisdiction election officials (county, city and township clerks) will be eligible to purchase additional voting systems and voting system components, over and above what is included in the State-issued purchase order at the established Contract prices and terms. Refer to Contract Terms, Section 14 Extended Purchasing Program. Also, Refer to Section 7.1 Acceptance, Inspection and Testing “Counties will work with the State to finalize the list of jurisdictions that will accept delivery and implement the new voting system for each planned purchase phase. The State will initiate each county-based Purchase Order (PO) for each purchase phase based on this plan.”

INITIAL EXPIRATION DATEINITIAL EFFECTIVE DATE

Refer to Section 2.1 Time Frames

The State will generate each Purchase Order only after a finalized funding plan has been established for each county and local jurisdiction in the county; after a Grant Agreement has been executed with the county and each local jurisdiction which specifies ownership and payment obligations for the county and each local jurisdiction; and the State has received payment from the county and each local jurisdiction for their individual portions of the county/local funding plan.

As an alternative to counties and local jurisdictions making direct payments to the State for the local funding component, the Contractor may execute an agreed upon payment plan between the Contractor, county, and local jurisdictions within the county.

Any separate agreements of this type must be transmitted to the State Program Manager prior to issuance of the Purchase Order.

Upon issuance of each State-issued PO on behalf of the county, the Contractor will work with each county to finalize each jurisdiction’s delivery plan, including timeframes and locations.

In some years, the State may offer cost share incentives. When this occurs, purchases may be initiated at the State, County or Local level for each county or local jurisdiction and may be authorized by the MDOS, Bureau of Elections through an application process, in lieu of a purchase order. This process would conclude with a Contractor’s proposal signed by the parties. When cost share incentives are offered, the Contractor must include the following on the Contractor’s proposal, prior to sending it to the jurisdiction: “Terms and Conditions are Pursuant to Contract No. 071B7700120.”

Section 8.1 Invoice Requirements All invoices submitted to the State must include: (a) contract number; (b) Purchase Order number; © county name;…