emergency-purchase-statement-v-23-1~7.pdf

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Attached to
Emergency Notice OmniBallot Balloting Portal
Solicitation number
24-587BOE-ADMIN-B-41553
Issued by
St. Clair County, Illinois

About this file

This document is an Emergency Purchase Statement from the Illinois State Board of Elections, authorizing the procurement of the OmniBallot Balloting Portal from Democracy Live. The purchase is an emergency measure to provide a platform through which voters with print disabilities can receive, mark, and verify their vote-by-mail ballots, as required by Illinois law and the Americans with Disabilities Act. The State Board of Elections has determined that Democracy Live, which partners with Amazon Web Services and has obtained relevant security certifications, is the only vendor capable of providing the necessary services in an expedited manner to meet statutory deadlines for ballot transmission. The procurement will be for a term of approximately 3 months, from February 9, 2024, to May 8, 2024, at an estimated cost of $79,000.

The purchase will be funded using State appropriated funds. No other vendors were identified as capable of providing the required niche services, and the Democracy Live solution is proprietary, precluding the use of subcontractors. The emergency procurement is necessary to avoid disruption of critical state services and ensure compliance with state and federal voting statutes, which could otherwise result in legal action and financial impacts to the state.

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EMERGENCY PURCHASE STATEMENT

State of Illinois Chief Procurement Office for General Services Emergency Purchase Statement V.23.1 Emergency Statement Page of

EMERGENCY PURCHASE STATEMENT

Emergency Statement Page of State of Illinois Chief Procurement Office for General Services Emergency Purchase Statement Version v.23.1 Emergency Purchase Details Emergency Category (select the appropriate option from the drop-down menu below):

Reason for selection of this particular vendor:

Description of supplies or services to be provided:

Emergency procurements shall be made with as much competition as is practicable under the circumstances, and agencies shall utilize best efforts to include contractors certified under the Business Enterprise Program in its emergency procurement process. 30 ILCS 500/20-30(a).

List the actions taken by the agency that constitute its best efforts to include contractors certified under the Business Enterprise Program in this emergency purchase:

Is there an existing State contract available for the required supplies or services?

If Yes is checked above, explain why the existing contract does not meet the need:

Actual or Estimated*:

*Estimated end date and cost will be reported later.

Select the type of funding to be used:

Signature This emergency purchase was made with as much competition as is practicable under the circumstances. Best efforts were utilized to include contractors certified under the Business Enterprise Program in the process.

I am authorized to make this emergency purchase, and I know and understand the contents of this statement and all statements herein are true and correct to the best of my knowledge.

11.0.0.20130303.1.892433.887364

VendorZip: 98105
VendorState: WA
VendorCity: Seattle
VendorAddress: 2900 North Blakeley Street Suite B
Vendor: Democracy Live
AgencyZip: 62704
AgencyState: IL
AgencyCity: Springfield
AgencyAddress: 2329 S. MacArthur Blvd
AgencyDivision: Election Operations
AgencyUniversity: State Board of Elections
CurrentMasterPage:
MasterPageCount:
ReferenceNumber: 24-587BOE-ADMIN-B-41553
DropDownListQuickPurchase: To prevent or minimize serious disruption in critical State services that affect health, safety, or collection of substantial State revenues
CheckBox1ProtectingHealth: 0
CheckBox2DiscountedPrice: 0
CheckBox3RareItems: 0
CheckBox4Entertainment: 0
CheckBox5AvoidLapsing: 0
ExplanationForSelectingVendor: As elections have been deemed one of 16 critical infrastructures in the US, maintaining the security of elections is paramount and of the highest priority for the SBE. This includes, but in no way is limited to, ensuring that any vendor we partner with to provide services that include the delivery of ballots – and particularly electronic ballot delivery to voters – meet the highest security standards available in the marketplace. As Democracy Live has partnered with Amazon Web Services (AWS), the largest secure cloud provider in the US (a FedRAMP approved vendor), have continuous 24/7 penetration testing from Synack, a leading cyber security firm (a FedRAMP approved vendor), provided a SOC 2, type II certification that identified no security flaws, provided independent testing documentation verifying compliance with WCAG 2.0 & WCASG 2.1 standards, and provided a compliance report from SLI Compliance - a U.S. Election Assistance Commission accredited voting system testing laboratory - identifying best practices have been implemented and no exceptions were noted. Therefore, Democracy Live meets or exceeds all expectations related to security.

Democracy Live has demonstrated, through past practice, their ability to coordinate with the 108 election authorities in the State of Illinois who use a variety of vendors to effectuate their duties related to creating ballot styles and administering voter registration applications. Democracy Live has further demonstrated the ability to provide this platform in an expedited turnkey manner that is compliant with State and Federal statutes, allowing the SBE and election authorities to meet the statutory deadlines for ballot transmission. As such, the benefits of utilizing known and established statewide vendor that has already performed these services statewide will reduce or eliminate non-compliance with state and federal statutes. To date, the SBE has received inquires from four local election jurisdiction on how to process their accessible vote by mail ballots. Continued delays in compliance with state and federal statute increase the risk of legal action and financial impact to the state of Illinois.

Not making this procurement would create a disruption in critical State services and violate state and federal statute putting the state at risk of financial loss due to legal action.

ExplanationSuppliesServices: The State Board of Elections is statutorily required to provide a platform through which voters with print disabilities receive, mark and verify their vote by mail ballots (Section 19A – 2.6 of the Election Code). This state law is a codification of a reasonable accommodation under the Americans With Disabilities Act. Voting is public service that voters with disabilities cannot be denied access to.

In Illinois voters can apply for vote by mail at any time or request to be on a permanent vote by mail list. Therefore, voters who have already applied for a vote by mail ballot or are on the permanent vote by mail list are statutorily obligated to receive this reasonable accommodation by Feb. 8th, 2024.

TextField1: The Board researched NIGP commodity codes and identified four potential vendors. None of those vendors perform the niche services required in the emergency purchase. In addition, the Democracy Live's OmniBallot Portal is proprietary; therefore, this procurement does not lead itself to subcontractors.
CheckBoxYes: 0
CheckBoxNo: 0
ExplanationDoesNotMeetNeed:
TextFieldExpectedStartDate: 2024-02-09
TextFieldExpectedEndDate: 2024-05-08
TextFieldAmountExpenditure: $79,000
ActualOrEstimated1: Actual
CheckboxFederalFunds: 0
CheckboxStateAppFunds: 1
CheckBoxStateGrantFunds: 0
CheckBoxOther: 0
IfOtherExplainTextField:
AuthorizedSignature:
TitleField: Assistant Executive Director / Acting CFO
PrintedNameField: Jeremy Kirk
AuthorizedDateField: 2024-02-08

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