RFP 202602020 Lease of Ballot Scanning and Tabulating System_Final.docx

STATE OF MAINE

Department of Secretary of State, Elections Division

RFP# 202602020

Lease of Ballot Scanning and Tabulating System and Accessible Voting System

RFP Coordinator

Submitted Questions Due Date

April 8, 2026, no later than 4:00 p.m., local time

TABLE OF CONTENTS

PART I INTRODUCTION

A. VENDOR SELF SERVICE SYSTEM (VSS)

B. QUESTIONS

C. AMENDMENTS

D. PROPOSAL SUBMISSION

PART IV PROPOSAL SUBMISSION REQUIREMENTS

PART V PROPOSAL EVALUATION AND SELECTION

A. CONTRACT DOCUMENT

B. STANDARD STATE CONTRACT PROVISIONS

PUBLIC NOTICE

State of Maine Department of Secretary of State, Elections Division

RFP# 202602020

Lease of Ballot Scanning and Tabulating System and Accessible Voting System

The Maine Department of Secretary of State, Division of Elections, is seeking proposals to lease a statewide Ballot Scanning and Tabulating System (BSTS) with a compatible Accessible Voting System (AVS). This procurement will include the lease of approximately 1200 new precinct scanners and 600 compatible Accessible Voting System (AVS) units that will be deployed throughout Maine. The State is also seeking to lease two high-speed tabulators and other components necessary to conduct ranked-choice voting central counts and risk-limiting audits. The new system must be implemented prior to the November 3, 2026 General Election.

A copy of the RFP and all related documents can be obtained through Vendor Self Service (VSS): https://mevss.hostams.com/PRDVSS1X1/AltSelfService

Proposals must be submitted to the Office of State Procurement Services, via Vendor Self Service (VSS). Proposal submissions must be received no later than 4:00 p.m., local time, on April 23, 2026. Proposals will be opened the following business day.

RFP TERMS/ACRONYMS with DEFINITIONS

The following terms and acronyms, as referenced in the RFP, have the meanings indicated below:

State of Maine Department of Secretary of State, Elections Division

RFP# 202602020

Lease of Ballot Scanning and Tabulating System and Accessible Voting System

PART I INTRODUCTION

A. Purpose and Background

The Maine Department of Secretary of State, Elections Division (Division) is seeking proposals to lease and receive support services for a statewide Ballot Scanning and Tabulating System (BSTS) with compatible Accessible Voting System (AVS) that includes functionality to accommodate Maine’s ranked-choice voting (RCV) process with implementation required prior to the November 3, 2026 General Election as defined in this Request for Proposals (RFP) document. There will be an initial 2.5-year contract period with the option for two (2) additional 3-year extensions at the discretion of the Division. This document provides instructions for submitting proposals, the procedure and criteria by which the awarded Bidder will be selected, and the contractual terms which will govern the relationship between the Elections Division (Division) and the awarded Bidder.

The Division intends to select one (1) successful Bidder to provide an estimated 1200 precinct tabulators to approximately 400 municipalities and provide an estimated 600 AVS units to all municipalities that conduct elections in Maine. (The smaller jurisdictions that will continue to hand-count ballots, generally with fewer than 200 voters, will receive only the new AVS units). This lease will also include two (2) high-speed scanners for Maine’s statewide RCV central count, as well as associated election management software, firmware, and support services.

The successful Bidder will be required to provide in-person technical support on Election Day, and if needed, for post-election RCV central counts and RLAs.

The BSTS and AVS described in this RFP includes all hardware, software, infrastructure, media, and other components of the voting devices or systems including the election management system, as well as all training, services, system documentation, maintenance and support the Bidder is including in its firm, fixed-price proposal in response to this RFP. The term Ballot Scanning and Tabulating System (BSTS) and Accessible Voting System (AVS) must not be used to refer to items or services not included in the Bidder’s firm, fixed-price proposal. Proposals offered in response to this RFP shall apply this definition consistently.

Maine’s Current Election Process

Federal and state elections in Maine are conducted in a manner common to the New England states involving a cooperative effort between the State and local jurisdictions – also called municipalities – which include cities, towns, plantations and unorganized townships that administer their own elections. There is no county-level election administration in Maine.

The Secretary of State is Maine’s chief state election official with central authority, exercised by the Elections Division staff, to oversee the application of election laws and procedures for federal and state elections (including all federal, state and county offices and statewide referenda), to include:

· Approval of voting systems for use by municipalities;

· Central design and preparation of ballots and other forms, for statewide elections, in a consistent format for use by all municipalities;

· Training and advising municipal election officials in the proper conduct of statewide elections, including the use of voting systems and tabulation requirements;

· Conducting RCV Central Counts

· Collecting and compiling reports of election results and voter registration figures;

· Conducting recounts centrally by following uniform procedures; and

· Conducting Risk-limiting Audits

The Secretary of State currently uses election management software to create and produce camera-ready proofs of paper ballots, in electronic and printed formats, for mass production by a printing contractor. There are about 335 different candidate official ballot styles (i.e., different combinations of offices and districts) for the general election; which means there are approximately 670 candidate official ballot styles for the state primary election. For each official ballot style, a sample ballot style also is generated, doubling the total number of ballot styles created for printing. Statewide ballot production for 500 municipalities by the small staff in the Division of Elections involves approximately six (6) weeks of intense production.

The conduct of elections is decentralized, taking place in approximately 500 separate municipalities. Each municipality has a municipal clerk who is responsible for conducting elections for that jurisdiction.

Two (2) categories of paper ballot voting systems are currently used in Maine – paper ballots that are hand-counted and those that are counted with digital scan tabulators. In November 2025, hand-counted paper ballots were used by about 154 municipalities and DS200 tabulators were used by about 331 municipalities. The DS200 tabulators that are currently in use are nearing the end of their useful life and will be replaced with the system selected through this RFP.

The State provides an AVS at each voting place to ensure that voters with disabilities have the option to vote privately and independently. Maine’s current AVS is the ExpressVote ballot marking device which offers a touch screen, audio, and an accessible keypad to allow the voter to generate a printed ballot card marked according to the voter’s selections. The AVS ballot cards are currently scanned by the DS200 tabulator for municipalities with scanners and hand-counted in the smaller jurisdictions without tabulators.

For federal and state elections, results are tabulated at each voting place and reported on a paper form to the municipal clerk. The results are certified by the clerk and submitted to the Secretary of State within two business days after the election. The Division will schedule an RCV Central Count following the election if there is no majority winner in one or more of the RCV contests.

B. General Provisions

1. From the time the RFP is issued until award notification is made, all contact with the State regarding the RFP must be made through the RFP Coordinator. No other person/ State employee is empowered to make binding statements regarding the RFP. Violation of this provision may lead to disqualification from the bidding process, at the State’s discretion.

2. Issuance of the RFP does not commit the Department to issue an award or to pay expenses incurred by a Bidder in the preparation of a response to the RFP. This includes attendance at personal interviews or other meetings and software or system demonstrations, where applicable.

3. All proposals must adhere to the instructions and format requirements outlined in the RFP and all written supplements and amendments (such as the Summary of Questions and Answers), issued by the Department. Proposals must follow the format and respond to all questions and instructions specified below in the “Proposal Submission Requirements” section of the RFP.

4. Bidders will take careful note that in evaluating a proposal submitted in response to the RFP, the Department will consider materials provided in the proposal, information obtained through interviews/presentations (if any), and internal Departmental information of previous contract history with the Bidder (if any). The Department also reserves the right to consider other reliable references and publicly available information in evaluating a Bidder’s experience and capabilities.

5. The proposal must be signed by a person authorized to legally bind the Bidder and must contain a statement that the proposal and the pricing contained therein will remain valid and binding for a period of 180 days from the date and time of the bid opening.

6. The RFP and the awarded Bidder’s proposal, including all appendices or attachments, will be the basis for the final contract, as determined by the Department.

7. Following announcement of an award decision, all submissions in response to this RFP will be public records, available for public inspection pursuant to the State of Maine Freedom of Access Act (FOAA) (1 M.R.S. § 401 et seq.). State contracts and information related to contracts, including bid submissions, are generally public records per FOAA.

8. In the event that a Bidder believes any information that it submits in response to this RFP is confidential, it must mark that information accordingly, and include citation to legal authority in support of the Bidder’s claim of confidentiality. In the event that the Department receives a FOAA request that includes submissions marked as confidential, the Department shall evaluate the information and any legal authority from the Bidder to determine whether the information is an exception to FOAA’s definition of public record. If the Department determines to release information that a Bidder has marked confidential, it shall provide advance notice to the Bidder to allow for them to seek legal relief.

9. The Department, at its sole discretion, reserves the right to recognize and waive minor informalities and irregularities found in proposals received in response to the RFP.

10. If awarded a contract resulting from this RFP, vendors shall be required to disclose, in writing and in accordance with applicable Maine law, any actual or potential conflicts of interest. Such disclosure must include any financial, professional, or personal relationships that could give rise to a conflict of interest or the appearance of a conflict of interest. Failure to disclose a known conflict or appearance of conflict may result in disqualification, contract termination, or other remedies as provided by law.

11. All applicable laws, whether or not herein contained, are included by this reference. It is the Bidder’s responsibility to determine the applicability and requirements of any such laws and to abide by them.

C. Eligibility to Submit Bids

To be eligible to submit a bid, the Bidder must be a current manufacturer, or an authorized representative of a current manufacturer, of new BSTS units with compatible new AVS units and meet the pass/fail requirements listed in Appendix E.

D. Contract Term

The Department is seeking cost-efficient proposals to provide services, as defined in this RFP, for the anticipated contract period defined in the table below. The dates below are estimated and may be adjusted, as necessary, in order to comply with all procedural requirements associated with the RFP and the contracting process. The actual contract start date will be established by a completed and approved contract.

Contract Renewal: Following the initial term of the contract, the Division may opt to renew the contract for up to two renewal periods, as shown in the table below, and subject to continued availability of funding and satisfactory performance.

The term of the anticipated contract, resulting from the RFP, is defined as follows:

E. Number of Awards

The Department anticipates making one (1) award as a result of this RFP process.

PART II SCOPE OF SERVICES TO BE PROVIDED

A. Overview of Ballot Scanning and Tabulating System and Accessible Voting System

The Division is seeking to lease and receive support services for a BSTS and compatible AVS as defined in this Scope of Services. This combined procurement includes approximately 1200 precinct level tabulators and 600 AVS units that are either compatible ballot marking devices or AVS tabulators. Two (2) high-speed tabulators are also required for the state’s RCV central count and RLA processes.

The successful Bidder will provide election management software to allow the Division to independently create ballots and program removable memory devices for use with the tabulators and AVS. The term of the lease will be for an initial 2.5-year period, with the option to renew for two 3-year extensions at the discretion of the Division, as described in Part I, D of the RFP.

The successful Bidder must have the ability to fully implement the system prior to the November 3, 2026 General Election per Appendix H (Maine Implementation Schedule).

The Division defines the term “lease” to mean that the Division will receive and use, but will not own, the hardware (other than the computers for election management) and software for the defined contract period. At the end of the contract period, the successful Bidder will retrieve the equipment and software.

The successful Bidder must provide a “turn-key” or complete solution, which initially provides the election management software and the required number of new BSTS and AVS devices. The BSTS and AVS leased by the Division shall not be salvaged, distressed, outdated, discontinued, refurbished, reconditioned or retrofitted. The successful Bidder must continue to maintain and support the hardware and software during the contract period, so that it is fully operational, with no additional charges to the Division. In the event of any failures of the tabulators or AVS units, the devices either must be restored to full operation or replaced with new devices, and software failures must be patched or otherwise upgraded.

Since the Division will not own the equipment (other than the computers for election management), the Division is seeking the most competitive pricing, so that the total lease cost will be less than the cost that would result from simply amortizing the purchase price over the life of the lease. The Division requires that the successful Bidder offers the same unit pricing throughout the term of the contract for any additional tabulators or AVS units that are leased after the start of the contract.

In addition, the proposed BSTS and AVS must meet or exceed compliance with Federal and State election laws.

The proposed BSTS and AVS must provide a great deal of autonomy to the Division for managing ballot creation for Federal and State elections. In addition, the Division prefers a system that provides autonomy in programming removable memory devices, if applicable.

B. Overview of Services

In addition to providing the BSTS and AVS, the successful Bidder will provide support services throughout the term of the contract. The services will include:

a. Initial delivery of the new tabulating devices, ballot boxes, and AVS units to a central location, in the Augusta, Maine area, as designated by the Division according to the schedule provided in this RFP;

b. If not installed prior to delivery of the tabulating devices, installation of the software and firmware on the Ballot Scanning and Tabulating devices prior to Acceptance Testing;

c. Initial delivery and installation of the election management software and/or hardware necessary for ballot creation, and programming of memory media (if applicable), in the Division’s office in Augusta, Maine;

d. Training of the Division staff, using a “Train-the-Trainer” approach, on the use of all hardware and software provided for the proposed BSTS and AVS.

e. User training materials and technical system documentation;

f. Ongoing support and maintenance of the proposed system hardware and software throughout the term of the contract, ensuring that the system remains fully operational before, during and after each election day as outlined in the chart below;

MINIMUM SYSTEM SUPPORT REQUIREMENTS

Issue ticket and inform user (Includes assignment of severity, priority, and required resource for tickets not immediately resolved)

* The successful Bidder must provide this service 8 to 5 p.m. Local Time, M-F, Holidays excluded; with expanded hours during key events such as an election, including 5 a.m. to midnight Local Time on the day preceding an election, Election Day, and the day after the election.

g. Customer support for state and municipal officials, including field services prior to and on each election day.

h. In-person support for RCV Central Counts and RLA processes;

i. Patches and fixes of system software and hardware, as necessary;

j. Upgrades and new releases of certified software; and

k. Administrative support for Division staff and municipal election officials.

Appendix F (Proposed Services Form) defines the detailed services and system requirements required of the successful Bidder. Bidders must describe, in detail, all aspects of the proposed system so that the Division may fully understand how the system would be incorporated into existing State infrastructure, policies, and practices while meeting all requirements for the smooth functioning of elections within the State.

C. Implementation Requirement Prior to November 3, 2026 General Election Implementation will begin upon execution of the contract (at least 15 days after the award of the bid) according to Appendix H (Maine Implementation Schedule).

D. Election Management Software By July 1, 2026, the successful Bidder will deliver, install and provide training to the Division staff on the Election Management software (EMS) used to lay out ballots and produce the memory devices to operate the tabulators and AVS units at the offices of the Elections Division in Augusta, Maine. The successful Bidder will support the Division staff in creating the camera-ready ballot proofs for the November 3, 2026 General Election, for mass production by a printing contractor.

E. Ballot Scanning and Tabulating Devices The successful Bidder will deliver the BSTS and AVS devices to a central location in Augusta, Maine, by July 15, 2026. The exact delivery location will be determined by the time of contract execution, and the Division and the successful Bidder will agree upon the exact schedule for delivery of the units during contract negotiations. The successful Bidder and the Division will jointly conduct User Acceptance Testing on the units, to be completed within two to three weeks of delivery of the units to the Division.

PART III KEY RFP EVENTS

A. Vendor Self Service System (VSS)

The Office of State Procurement Services Vendor Self Service System website is found at the link below: https://www.maine.gov/dafs/bbm/procurementservices/vendors/vendor-self-service-system A copy of the RFP and all associated documents will be published in VSS.

Only documents published in VSS will be considered binding.

Any interested party may view open solicitations in VSS using the Public Access feature.

Vendors must have an active User ID and password in VSS to submit questions and respond to solicitations, including this RFP.

Vendor registration instructions and User Guide may be found at the link above, which include steps for searching for an existing account/User ID, or registering for a new account/User ID.

Vendors interested in responding to a solicitation are encouraged to obtain a User ID and password for VSS as soon as possible.

Vendors must have an active Vendor Code (VC or VS) to contract with the department.

B. Questions

1. General Instructions: It is the responsibility of all Bidders and other interested parties to examine the entire RFP and to seek clarification, in writing, if they do not understand any information or instructions.

a. Questions must be submitted in VSS as soon as possible but no later than the date and time published in VSS.

b. Questions should be clearly stated and reference the applicable section and/or page number of the RFP.

c. The Department assumes no liability for assuring accurate/complete/on time transmission and receipt.

2. Question & Answer Summary: Responses to all questions will be compiled in writing and published in VSS no later than seven (7) calendar days prior to the Proposal Submission Deadline. It is the responsibility of all interested parties to go to VSS to obtain a copy of the Question & Answer Summary. Only those answers issued in writing in VSS will be considered binding.

C. Amendments

All amendments released in regard to the RFP will be published in VSS. It is the responsibility of all interested parties to go to VSS to obtain amendments. Only those amendments published in VSS are considered binding.

D. Proposal Submission

1. Proposals Due

a. Proposal submissions must be received no later than the Proposal Submission Deadline (closing date) published in VSS.

b. Any proposal submissions or any additional or revised proposal files received after the Proposal Submission Deadline will be rejected without exception.

2. Delivery Instructions

a. Proposal submissions must be submitted to the Office of State Procurement Services via VSS.

b. Only proposal submissions received via VSS will be considered. The Department assumes no liability for assuring accurate/complete receipt.

c. Submissions containing links to file sharing sites or online file repositories will not be accepted as submissions. Only proposal submissions that have the actual requested files attached will be accepted.

d. Encrypted submissions received which require opening attachments and logging into a proprietary system will not be accepted. Bidders should work with their Information Technology team to ensure that the proposal submission will not be encrypted due to any security settings.

e. File size limits are 15MB per file. Bidders may separate their submissions into multiple files, as necessary, due to file size concerns.

3. Submission Format:

a. Bidders must submit multiple files, with each file named and containing the required information as defined below.

File 1 [Bidder’s Name] – Preliminary Information PDF format preferred, and must include:

· Appendix A (Proposal Cover Page)

· Appendix B (Responsible Bidder Certification)

· Appendix E (Eligibility to Submit a Bid (Pass/Fail) Requirements)

File 2 [Bidder’s Name] – Organization Qualifications and Experience PDF format preferred, and must include:

· Appendix C (Organization Qualifications and Experience Form)

· Appendix D (Subcontractors Form)

File 3 [Bidder’s Name] – Proposed Services PDF format preferred, and must include:

· Appendix F (Proposed Services Form)

File 4 [Bidder’s Name] – Cost Proposal Excel format preferred, and must include:

· Appendix G (Cost Proposal Form)

· Appendix G.1. (Cost Proposal Addendum)

File 5 [Bidder’s Name] – Bidder Attachments PDF format preferred, and must include all required Bidder attachments listed in Part IV, Proposal Submission Requirements, Section V.

PART IV PROPOSAL SUBMISSION REQUIREMENTS

This section contains instructions for Bidders to use in preparing their proposals. The Department seeks detailed yet succinct responses that demonstrate the Bidder’s qualifications, experience, and ability to perform the requirements specified throughout the RFP.

Bidders’ proposals must follow the outline used below, including the numbering, section, and sub-section headings. Failure to use the outline specified in PART IV, or failure to respond to all questions and instructions throughout the RFP, may result in the proposal being disqualified as non-responsive or receiving a reduced score. The Department, and its evaluation team, has sole discretion to determine whether a variance from the RFP specifications will result either in disqualification or reduction in scoring of a proposal. Rephrasing of the content provided in the RFP will, at best, be considered minimally responsive.

Bidders are not to provide additional attachments beyond those specified in the RFP for the purpose of extending their response. Additional materials not requested will not be considered part of the proposal and will not be evaluated. Bidders must include any forms provided in the submission package or reproduce those forms as closely as possible. All information must be presented in the same order and format as described in the RFP.

Proposal Format and Contents

Section I Preliminary Information (File #1)

1. Proposal Cover Page Bidders must complete Appendix A (Proposal Cover Page). It is critical that the cover page show the specific information requested, including Bidder address(es) and other details listed. The Proposal Cover Page must be dated and signed by a person authorized to enter into contracts on behalf of the Bidder.

2. Responsible Bidder Certification Bidders must complete Appendix B (Responsible Bidder Certification). The Responsible Bidder Certification must be dated and signed by a person authorized to enter into contracts on behalf of the Bidder.

3. Eligibility Requirements Bidders must provide documentation to demonstrate meeting eligibility requirements stated in PART I, C. of the RFP. This documentation includes:

a. Bidder must complete Appendix E response table (Eligibility to Submit a Bid (Pass/Fail) Requirements)

b. Copy of EAC VVSG 2.0 Certificate of Conformance or evidence of application to the EAC for VVSG 2.0 certification prior to submitting the Bidder’s proposal in response to this RFP provided as Attachment 1 in File #5.

c. Bidder must submit a sample of an official RCV ballot with a minimum of 5 candidates as Attachment 2 in File #5.

Section II Organization Qualifications and Experience (File #2, attachments in File #5)

1. Overview of the Organization Bidders must complete Appendix C (Qualifications and Experience Form) describing their qualifications and skills to provide the requested services in the RFP. Bidders must answer all questions in the Organization Qualifications and Experience table.

2. Subcontractors Bidders must complete Appendix D (Subcontractors Form) to provide a list that specifies the name, address, phone number, contact person, and a brief description of organizational capacity and qualifications for any subcontractors to be used. If no subcontractors will be used, indicate as such on the form.

3. Financial Viability Bidders must provide a current copy of their Dun & Bradstreet Business Information Report Snapshot. Submit as Attachment 5 in File #5.

4. Certificate of Insurance Bidders must provide a certificate of insurance on a standard ACORD form (or the equivalent) evidencing the Bidder’s general liability, professional liability and any other relevant liability insurance policies that might be associated with the proposed services.

Submit as Attachment 6 in File #5.

Section III Proposed Services (File #3)

1. Services to be Provided Bidders must complete Appendix F (Proposed Services Form) to discuss the Scope of Services referenced above in Part II of the RFP and what the Bidder will offer, including a description of the methods and resources the Bidder will use and how each task involved will be accomplished. Bidders must also describe how the expectations and/or desired outcomes as a result of these services will be achieved. If subcontractors are involved, Bidders must clearly identify the work each will perform.

Section IV Cost Proposal (File #4)

1. Cost Proposal Form Bidders must complete Appendix G (Cost Proposal Form) and Appendix G.1. (Cost Proposal Addendum).

2. General Instructions

a. The cost proposal must include the costs necessary for the Bidder to fully comply with the contract terms, conditions, and RFP requirements.

b. No costs related to the preparation of the proposal for the RFP, or to the negotiation of the contract with the Department, may be included in the proposal. Only costs to be incurred after the contract effective date that are specifically related to the implementation or operation of contracted services may be included.

c. For informational purposes, the Division is also requesting that Bidders provide the single unit replacement cost for each type of equipment (i.e., precinct tabulator, high-speed tabulator, and AVS).

Section V Required Vendor Attachments (File #5)

Bidders must submit all required attachments.

List of Required Vendor Attachments

1. VVSG 2.0 Certificate of Conformance or EAC submission documentation

2. Sample of Official RCV Ballot (minimum of 5 candidates)

3. Sample of Official Plurality Ballot

4. Photographs of System Components

5. Dunn and Bradstreet Report

6. Certificate of Insurance

PART V PROPOSAL EVALUATION AND SELECTION

Evaluation of the submitted proposals will be accomplished as follows:

A. Evaluation Process – General Information

1. An evaluation team, composed of qualified reviewers, will judge the merits of the proposals received in accordance with the criteria defined in the RFP.

2. Officials responsible for making decisions on the award selection will ensure that the selection process accords equal opportunity and appropriate consideration to all who are capable of meeting the specifications. The goals of the evaluation process are to ensure fairness and objectivity in review of the proposals and to ensure that the contract is awarded to the Bidder whose proposal provides the best value to the State of Maine.

3. The Division reserves the right to communicate and/or schedule interviews/presentations with Bidders, if needed, to obtain clarification of information contained in the proposals received. The Division may revise the scores assigned in the initial evaluation to reflect those communications and/or interviews/presentations.

4. Changes to proposals, including updating or adding information, will not be permitted during any portion of the evaluation process. Therefore, Bidders must submit proposals that present their rates and other requested information as clearly and completely as possible.

B. Scoring Weights and Process

1. Scoring Weights: Proposal scores will be based on a 100-point scale and will measure the degree to which each proposal meets the following criteria. The proposal materials that will be evaluated under each section below are identified in Part IV of the RFP.

2. Scoring Process: For proposals that demonstrate meeting the eligibility requirements in Section I, if applicable, the evaluation team will use a consensus approach to evaluate and score Sections II & III above. Members of the evaluation team will not score those sections individually but, instead, will arrive at a consensus as to assignment of points for each of those sections. Section IV, the Cost Proposal, will be scored as described below.

3. Scoring the Cost Proposal: The total cost proposed for conducting all the functions specified in the RFP will be assigned a score according to a mathematical formula. The proposal with the lowest total fixed least cost will be awarded 25 points. Proposals with higher bid values will be awarded proportionately fewer points calculated in comparison with the lowest bid.

The scoring formula is:

(Lowest submitted total fixed lease cost / total fixed lease cost of proposal being scored) x 25 = pro-rated score

No Best and Final Offers: The State of Maine will not seek or accept a best and final offer (BAFO) from any Bidder in this procurement process. All Bidders are expected to provide their best value pricing with the submission of their proposal.

C. Negotiations

1. The Department reserves the right to negotiate with the awarded Bidder(s) to finalize a contract. Such negotiations may not significantly vary the content, nature, or requirements of the proposal or the Department’s Request for Proposal to an extent that may affect the price of goods or services requested.

2. The Department reserves the right to terminate contract negotiations with an awarded Bidder who submits a proposed contract significantly different from the proposal they submitted in response to the advertised RFP.

3. In the event that an acceptable contract cannot be negotiated with the highest ranked Bidder, the Department may withdraw its award and negotiate with the next-highest ranked Bidder, and so on, until an acceptable contract has been finalized. Alternatively, the Department may cancel the RFP, at its sole discretion.

D. Selection and Award

1. The final decision regarding the award of the contract will be made by representatives of the Department subject to approval by the State Procurement Review Committee.

2. Notification of conditional award selection or non-selection will be made in writing by the Department.

3. Issuance of the RFP in no way constitutes a commitment by the State of Maine to award a contract, to pay costs incurred in the preparation of a response to the RFP, or to pay costs incurred in procuring or contracting for services, supplies, physical space, personnel or any other costs incurred by the Bidder.

4. The Department reserves the right to reject any and all proposals or to make multiple awards.

E. Appeal of Contract Awards

Any person aggrieved by the award decision that results from the RFP may appeal the decision to the Director of the Bureau of General Services in the manner prescribed in 5 M.R.S.A. § 1825-E and 18-554 Code of Maine Rules Chapter 120. The appeal must be in writing and filed with the Director of the Bureau of General Services, 9 State House Station, Augusta, Maine, 04333-0009 within fifteen (15) calendar days of receipt of notification of conditional contract award.

PART VI CONTRACT ADMINISTRATION AND CONDITIONS

A. Contract Document

1. The awarded Bidder will be required to execute a State of Maine Service Contract with appropriate riders as determined by the issuing department.

All exceptions will be negotiated between the awarded Bidder(s) and the State. The State will not accept any proposed exceptions as part of this RFP process. The State is not obligated to accept, negotiate, or compromise of any proposed exceptions.

The complete set of standard State of Maine Service Contract documents, along with other forms and contract documents commonly used by the State, may be found on the Office of State Procurement Services’ website at the following link: Office of State Procurement Services Forms Page

2. Allocation of funds is final upon successful negotiation and execution of the contract, subject to the review and approval of the State Procurement Review Committee. Contracts are not considered fully executed and valid until approved by the State Procurement Review Committee and funds are encumbered. No contract will be approved based on an RFP which has an effective date less than fourteen (14) calendar days after award notification to Bidders. (Referenced in the regulations of the Department of Administrative and Financial Services, Chapter 110, § 3(B)(i).)

This provision means that a contract cannot be effective until at least fourteen (14) calendar days after award notification.

3. The State recognizes that the actual contract effective date depends upon completion of the RFP process, date of formal award notification, length of contract negotiation, and preparation and approval by the State Procurement Review Committee. Any appeals to the Department’s award decision(s) may further postpone the actual contract effective date, depending upon the outcome. The contract effective date listed in the RFP may need to be adjusted, if necessary, to comply with mandated requirements.

4. In providing services and performing under the contract, the awarded Bidder must act as an independent contractor and not as an agent of the State of Maine.

B. Standard State Contract Provisions

1. Contract Administration Following the award, a Contract Administrator from the Department will be appointed to assist with the development and administration of the contract and to act as administrator during the entire contract period. Department staff will be available after the award to consult with the awarded Bidder in the finalization of the contract.

2. Payments and Other Provisions The State anticipates paying the awarded Bidder on the basis of net 30 payment terms, upon the receipt of an accurate and acceptable invoice. An invoice will be considered accurate and acceptable if it contains a reference to the State of Maine contract number, contains correct pricing information relative to the contract, and provides any required supporting documents, as applicable, and any other specific and agreed-upon requirements listed within the contract that results from the RFP.

PART VII LIST OF RFP APPENDICES AND RELATED DOCUMENTS

Appendix A – Proposal Cover Page

Appendix B – Responsible Bidder Certification

Appendix C – Qualifications and Experience Form

Appendix D – Subcontractors Form

Appendix E – Eligibility to Submit a Bid (Pass/Fail Requirements)

Appendix F – Proposed Services Form

Appendix G – Cost Proposal Form

Appendix H – Maine Implementation Schedule

Appendix I – Maine Ballot Design Statute (MRS 21-A §601)

Appendix J – Prohibited Technologies and Companies

Appendix K – Samples of RCV and Plurality Ballots

APPENDIX A – Proposal Cover Page

Department of Secretary of State, Elections Division

RFP# 202602020

Lease of Ballot Scanning and Tabulating System and Accessible Voting System

Bidder Name:

Chief Executive - Name/Title:

Tel:

E-mail:

Headquarters Street Address:

Headquarters City/State/Zip:

(Provide information requested below if different from above)

Lead Point of Contact for Proposal - Name/Title:

Tel:

E-mail:

Headquarters Street Address:

Headquarters City/State/Zip:

· This proposal and the pricing structure contained herein will remain firm for a period of 180 days from the date and time of the bid opening.

· No personnel currently employed by the Department participated, either directly or indirectly, in any activities relating to the preparation of the Bidder’s proposal.

· No attempt has been made, or will be made, by the Bidder to induce any other person or firm to submit or not to submit a proposal.

· The above-named organization is the legal entity entering into the resulting contract with the Department if they are awarded the contract.

· The undersigned is authorized to enter contractual obligations on behalf of the above-named organization.

To the best of my knowledge, all information provided in the enclosed proposal, both programmatic and financial, is complete and accurate at the time of submission.

Name (Print):

Title:

Authorized Signature:

Date:

APPENDIX B – Responsible Bidder Certification

Department of Secretary of State, Elections Division

RFP# 202602020

Lease of Ballot Scanning and Tabulating System

Bidder Name:

By signing this document, I certify to the best of my knowledge and belief that the aforementioned organization, its principals and any subcontractors named in this proposal:

a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from bidding or working on contracts issued by any governmental agency.

b. Have not within three years of submitting the proposal for this contract been convicted of or had a civil judgment rendered against them for:

i. Fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or contract.

ii. Violating Federal or State antitrust statutes or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (b) of this certification.

d. Have not within a three (3) year period preceding this proposal had one or more federal, state, or local government transactions terminated for cause or default.

e. Have not entered into a prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, equipment, or services and this proposal is in all respects fair and without collusion or fraud. The above-mentioned entities understand and agree that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards.

f. Is not a foreign adversary business entity (https://www.maine.gov/oit/prohibited-technologies).

g. Is not on the list of prohibited companies (https://www.maine.gov/oit/prohibited-technologies) or does not obtain or purchase any information or communications technology or services included on the list of prohibited information and communications technology and services https://www.maine.gov/oit/prohibited-technologies (Title 5 §2030-B).

Name (Print):

Title:

Authorized Signature:

Date:

APPENDIX C – Qualifications and Experience Form

Department of Secretary of State, Elections Division

RFP# 202602020

Lease of Ballot Scanning and Tabulating System

Bidder Name:

Section I. Organization Qualifications and Experience (15 points) The following questions (I.1 – I.20) deal with the qualifications and experience of the Bidder.

I.1

Organization Form Specify in what manner the Bidder is organized (e.g. sole proprietorship, partnership, corporation, etc.).

Response:

I.2

State/Country of Registration Enter the State in which the business entity is incorporated or otherwise organized to do business. If registered in a foreign country, indicate that country.

Response:

I.3

First Year Organized Provide the year in which the business entity was first organized to do business.

Response:

I.4

Organizational History Specify whether and how the form of organization has changed since the date the business entity was first organized (i.e. by subsequent incorporation, merger, or other organizational change) and any change in name.

Response:

I.5

Location Where Services will be Performed In addition to the prohibited technologies and companies pass/fail requirements in Appendix E, the Division prefers a vendor whose system is manufactured in the U.S. with work being performed by U.S. citizens. Will any of the services described in the proposal’s scope of work be performed outside of the United States of America?

|_|Yes |_|No

If “Yes,” specify the country or countries in which the work will be performed and if the work will be done by citizens of the USA living abroad or by foreign nationals.

Response:

I.6

Contractual Relationship with the State Indicate whether the Bidder and proposed subcontractors, or their predecessors in interest, have contracted with the State during the preceding five (5) years. If so, identify the contract number and/or any other information available to identify such contract(s). If no such contractual relationship has existed, state “none”.

Response:

I.7

Contract Termination for Default If the Bidder or any proposed subcontractor has had a contract terminated with any party, public or private, by default during the past three (3) years, show the other party’s name, address and phone number. Any response must present the Bidder’s position on the matter. If no such terminations for default have been experienced in the past three (3) years, state “none”.

Response:

I.8

Other Contract Terminations If at any time during the past three (3) years, the Bidder, or any proposed subcontractors, has had a contract terminated for convenience, non-allocation of funds, or any other reason, which termination occurred before completion of all obligations under the initial contract provisions, describe fully all such terminations including the name and address of the other contracting party and the circumstances surrounding the termination. If no such terminations have occurred in the past three (3) years, state “none”.

Response:

I.9

Voting Systems Outstanding Legal Actions Provide a statement as to whether there are any outstanding or ongoing legal actions or potential claims against the Bidder regarding any voting systems, and a brief description of any such action.