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Office of the Secretary1000 SW Jackson, Suite 500Topeka, KS 66612

Phone: 785-296-3011Fax: 785-296-2702www.admin.ks.gov

Sarah L. Shipman, Acting Secretary Sam Brownback, Governor

REQUEST FOR PROPOSAL (RFP)

Bid Event Number: EVT0003635Document Number: RFX0000654Replaces Contract: 06979Date Posted: July 30, 2015Closing Date: September 02, 2015, 2:00 PM

Procurement Officer: Neal FarronTelephone: 785/296-3122E-Mail Address: [email protected] Address: http://admin.ks.gov/offices/procurement-and-contracts/

Agency: Secretary of State

Item: Voter Registration & Election System

Period of Contract: 1/01/2016 through 12/31/2015 (With the option to renew for two (2) additional 2 year periods)

Bid Guarantee: No monetary bid guarantee required.

This Bid Event was recently posted to the Procurement and Contracts Internet website. The document can be downloaded by going to the following website: http://admin.ks.gov/offices/procurement-and-contracts/ It shall be the bidder's responsibility to monitor this website on a regular basis for any

changes/amendments.

http://admin.ks.gov/offices/procurement-and-contracts/

Event ID: EVT0003635Page 2

SIGNATURE SHEET

Item: Secretary of State seeks to procure a Centralized Voter Registration and Election Management System for the State of Kansas

Agency: Secretary of StateClosing Date: September 02, 2015, 2:00 PM

By submission of a bid and the signatures affixed thereto, the bidder certifies all products and services proposed in the bid meet or exceed all requirements of this specification as set forth in the request and that all exceptions are clearly identified.

Legal Name of Person, Firm or Corporation

Mailing Address City & State Zip

Toll Free Telephone Local

Cell Phone Fax Number Tax Number

CAUTION: If your tax number is the same as your Social Security Number (SSN), you must leave this line blank. DO NOT enter your SSN on this signature sheet. If your SSN is required to process a contract award, including any tax clearance requirements, you will be contacted by an authorized representative of the Office of Procurement and Contracts at a later date.

E-Mail

Signature Date

Typed Name Title

In the event the contact for the bidding process is different from above, indicate contact information below.

Bidding Process Contact Name



Cell Phone Fax Number

E-Mail

If awarded a contract and purchase orders are to be directed to an address other than above, indicate mailing address and telephone number below.

Award Contact Name



Cell Phone Fax Number


E-Mail


1.0 Bidding Instructions

1.1. Bid Event ID / Reference Number The Bid Event ID / RFP number, indicated in the header of this page, as well as on the first page of this proposal, has been assigned to this RFP and MUST be shown on all correspondence or other documents associated with this RFP and MUST be referred to in all verbal communications. All inquiries, written or verbal, shall be directed only to the procurement officer reflected on Page 1 of this proposal. There shall be no communication with any other State employee regarding this RFP except with designated state participants in attendance ONLY DURING:

Negotiations Contract Signing as otherwise specified in this RFP.

Violations of this provision by bidder or state agency personnel may result in the rejection of the proposal.

1.2. Questions/Addenda Questions requesting clarification of the bid event must be submitted in WRITING to the Procurement Officer prior to the close of business on August 12, 2015 to the following address:

Neal FarronTelephone: 785/296-3122Facsimile: 785-296-7240E-Mail Address: [email protected]

Kansas Department of AdministrationProcurement and Contracts900 SW Jackson, Suite 451-SouthTopeka, KS 66612-1286

Failure to notify the Procurement Officer of any conflicts or ambiguities in this bid event may result in items being resolved in the best interest of the State. Any modification to this bid event shall be made in writing by addendum and mailed to all vendors who received the original request. Only Written communications are binding.

Answers to questions will be available in the form of an addendum on the Procurement and Contracts' website, http://admin.ks.gov/offices/procurement-and-contracts.

It shall be the responsibility of all participating bidders to acquire any and all addenda and additional information as it is made available from the web site cited above. Vendors/Bidders not initially invited to participate in this Bid Event must notify the Procurement Officer (Event Contact) of their intent to bid at least 24 hours prior to the event's closing date/time. Bidders are required to check the website periodically for any additional information or instructions.

1.3. Pre-Bid Conference No pre-bid conference is scheduled for this bid event.

1.4. Negotiated Procurement This is a negotiated procurement pursuant to K.S.A. 75-37,102. Final evaluation and award will be made by the Procurement Negotiation Committee (PNC) consisting of the following entities (or their designees):

Secretary of Department of Administration; Director of Purchases, Department of Administration; and Head of Using Agency

1.5. Appearance Before Committee

http://admin.ks.gov/offices/procurement-and-contracts


Any, all or no bidders may be required to appear before the PNC to explain the bidder's understanding and approach to the project and/or respond to questions from the PNC concerning the proposal; or, the PNC may award without conducting negotiations, based on the initial proposal. The PNC reserves the right to request information from bidders as needed. If information is requested, the PNC is not required to request the information of all bidders.

Bidders selected to participate in negotiations may be given an opportunity to submit a revised technical and/or cost proposal/offer to the PNC, subject to a specified cut off time for submittal of revisions. Meetings before the PNC are not subject to the Open Meetings Act. Bidders are prohibited from electronically recording these meetings. All information received prior to the cut off time will be considered part of the bidder's revised offer.

No additional revisions shall be made after the specified cut off time unless requested by the PNC.

1.6. Notices All notices, demands, requests, approvals, reports, instructions, consents or other communications (collectively "notices") that may be required or desired to be given by either party to the other shall be IN WRITING and addressed as follows:

Kansas Department of AdministrationProcurement and Contracts900 SW Jackson, Suite 451-SouthTopeka, Kansas 66612-1286

RE: EVT0003635

or to any other persons or addresses as may be designated by notice from one party to the other.

1.7. Cost of Preparing Proposal The cost of developing and submitting the proposal is entirely the responsibility of the bidder. This includes costs to determine the nature of the engagement, preparation of the proposal, submitting the proposal, negotiating for the contract and other costs associated with this RFP.

1.8. Preparation of Proposal Prices are to be entered in spaces provided on the cost proposal form if provided herein. Computations and totals shall be indicated where required. In case of error in computations or totals, the unit price shall govern. The PNC has the right to rely on any prices provided by bidders. The bidder shall be responsible for any mathematical errors. The PNC reserves the right to reject proposals which contain errors.

All copies of cost proposals shall be submitted in a separate sealed envelope or container separate from the technical proposal. The outside shall be identified clearly as "Cost Proposal" or "Technical Proposal" with the Bid Event ID / RFP number and closing date.

A proposal shall not be considered for award if the price in the proposal was not arrived at independently and without collusion, consultation, communication or agreement as to any matter related to price with any other bidder, competitor or public officer/employee.

Technical proposals shall contain a concise description of bidder's capabilities to satisfy the requirements of this RFP with emphasis on completeness and clarity of content. Repetition of terms and conditions of the RFP without additional clarification shall not be considered responsive.

1.9. Signature of Proposals Each proposal shall give the complete legal name and mailing address of the bidder and be signed by an authorized representative by original signature with his or her name and legal title typed below the signature line. If the contract's contact will be a different entity, indicate that individual's contact information for communication purposes. Each proposal shall include the bidder's tax number.

1.10. Acknowledgment of Amendments


All bidders shall acknowledge receipt of any amendments to this bid event by returning a signed hard copy with the bid. Failure to acknowledge receipt of any amendments may render the proposal to be non-responsive. Changes to this bid event shall be issued only by the Office of Procurement and Contracts in writing.

1.11. Modification of Proposals A bidder may modify a proposal by letter or by FAX transmission at any time prior to the closing date and time for receipt of proposals.

1.12. Withdrawal of Proposals A proposal may be withdrawn on written request from the bidder to the Procurement Officer at the Office of Procurement and Contracts prior to the closing date.

1.13. Competition The purpose of this bid event is to seek competition. The bidder shall advise the Office of Procurement and Contracts if any specification, language or other requirement inadvertently restricts or limits bidding to a single source. Notification shall be in writing and must be received by the Office of Procurement and Contracts no later than five (5) business days prior to the bid closing date. The Director of Purchases reserves the right to waive minor deviations in the specifications which do not hinder the intent of this bid event.

1.14. Evaluation of Proposals Award shall be made in the best interest of the State as determined by the PNC or their designees. Although no weighted value is assigned, consideration may focus toward but is not limited to:

Cost. Bidders are not to inflate prices in the initial proposal as cost is a factor in determining who may receive an award or be invited to formal negotiations. The State reserves the right to award to the lowest responsive bid without conducting formal negotiations, if authorized by the PNC.

Adequacy and completeness of proposal Bidder's understanding of the project Compliance with the terms and conditions of the RFP Experience in providing like services Qualified staff Methodology to accomplish tasks Response format as required by this RFP

1.15. Acceptance or Rejection The Committee reserves the right to accept or reject any or all proposals or part of a proposal; to waive any informalities or technicalities; clarify any ambiguities in proposals; modify any criteria in this RFP; and unless otherwise specified, to accept any item in a proposal.

1.16. Proposal Disclosures At the time of closing, only the names of those who submitted proposals shall be made public information. No price information will be released. A List of Bidders may be obtained in the following manner:

1. Attending the public bid opening at the time and date noted on the Bid Event, OR2. Requesting a List of Bidders via E-mail to [email protected] or in writing to the following address.

Include the Bid Event number EVT0003635 in all requests.

Kansas Department of AdministrationProcurement and ContractsAttn: Bid Results900 SW Jackson, Suite 451-SouthTopeka, KS 66612-1286 All other documents pertaining to the bid (tabsheet, individual bids, proposals, contract, etc.) are not available until the bid has been awarded, contract executed or all bids rejected.


Once a bid file is available, a request for a cost estimate may be submitted to the e-mail or address noted above for the costs associated with the reproduction of bid documents. Procurement and Contracts will attempt to provide all Open Records requests with electronic copies when possible. Requests will not be fulfilled until payment has been received. Documents will be sent via First Class Mail. If requested, they may be sent via express mail services at the expense of the requester.

Any questions regarding Open Records requests for bid results should be directed to [email protected] or 785-296-0002.

1.17. Disclosure of Proposal Content and Proprietary Information All proposals become the property of the State of Kansas. The Open Records Act (K.S.A. 45-215 et seq) of the State of Kansas requires public information be placed in the public domain at the conclusion of the selection process, and be available for examination by all interested parties. (http://www.admin.ks.gov/offices/chief-counsel/kansas-open-records-act/kansas-open-records-act-procurement-and-contracts) No proposals shall be disclosed until after a contract award has been issued. The State reserves the right to destroy all proposals if the RFP is withdrawn, a contract award is withdrawn, or in accordance with Kansas law. Late Technical and/or Cost proposals will be retained unopened in the file and not receive consideration or may be returned to the bidder.

Trade secrets or proprietary information legally recognized as such and protected by law may be requested to be withheld if clearly labeled "Proprietary" on each individual page and provided as separate from the main proposal. Pricing information is not considered proprietary and the bidder's entire proposal response package will not be considered proprietary.

All information requested to be handled as "Proprietary" shall be submitted separately from the main proposal and clearly labeled, in a separate envelope or clipped apart from all other documentation. The bidder shall provide detailed written documentation justifying why this material should be considered "Proprietary". The Office of Procurement and Contracts reserves the right to accept, amend or deny such requests for maintaining information as proprietary in accordance with Kansas law.

The State of Kansas does not guarantee protection of any information which is not submitted as required.

1.18. Exceptions By submission of a response, the bidder acknowledges and accepts all terms and conditions of the RFP unless clearly avowed and wholly documented in a separate section of the Technical Proposal to be entitled: "Exceptions".

1.19. Notice of Award An award is made on execution of the written contract by all parties.

1.20. News Releases Only the State is authorized to issue news releases relating to this bid event, its evaluation, award and/or performance of the resulting contract.


2. Proposal Response

2.1. Submission of Proposals Bidder's proposal shall consist of: One (1) original and 4 copies of the Technical Proposal, including the signed Event Details document,

applicable literature and other supporting documents; One (1) original and four (4) copies of the cost proposal including the signed Event Details document, Two (2) electronic / software version(s) each of the technical and cost proposals are required. This shall be

provided on CD or flash drive, in Microsoft® Word, Excel or searchable PDF®. Technical and cost responses shall be submitted on separate media.

All copies of cost proposals shall be submitted in a separate sealed envelope or container separate from the technical proposal. The outside shall be identified clearly as "Cost Proposal" or "Technical Proposal" with the Bid Event ID number and closing date.

Bidder's proposal, sealed securely in an envelope or other container, shall be received no later than 2:00 p.m., Central Time, on the closing date, addressed as follows:

Kansas Department of AdministrationProcurement and ContractsProposal #: EVT0003635Closing Date: September 02, 2015900 SW Jackson Street, Suite 451-SouthTopeka, KS 66612-1286

It is the bidder's responsibility to ensure bids are received by the closing date and time. Delays in mail delivery or any other means of transmittal, including couriers or agents of the issuing entity shall not excuse late bid submissions.

Faxed, e-mailed or telephoned proposals are not acceptable unless otherwise specified.

Proposals received prior to the closing date shall be kept secured and sealed until closing. The State shall not be responsible for the premature opening of a proposal or for the rejection of a proposal that was not received prior to the closing date because it was not properly identified on the outside of the envelope or container. Late Technical and/or Cost proposals will be retained unopened in the file and not receive consideration or may be returned to the bidder.

2.2. Proposal Format Bidders are instructed to prepare their Technical Proposal following the same sequence as described in this RFP.

2.3. Transmittal Letter All bidders shall respond to the following statements:

(a) the bidder is the prime contractor and identifying all subcontractors;(b) the bidder is a corporation or other legal entity;(c) no attempt has been made or will be made to induce any other person or firm to submit or not to submit a proposal;(d) the bidder does not discriminate in employment practices with regard to race, color, religion, age (except as provided by law), sex, marital status, political affiliation, national origin or disability;(e) no cost or pricing information has been included in the transmittal letter or the Technical Proposal;(f) the bidder presently has no interest, direct or indirect, which would conflict with the performance of services under this contract and shall not employ, in the performance of this contract, any person having a conflict;(g) the person signing the proposal is authorized to make decisions as to pricing quoted and has not participated, and will not participate, in any action contrary to the above statements;


(h) whether there is a reasonable probability that the bidder is or will be associated with any parent, affiliate or subsidiary organization, either formally or informally, in supplying any service or furnishing any supplies or equipment to the bidder which would relate to the performance of this contract. If the statement is in the affirmative, the bidder is required to submit with the proposal, written certification and authorization from the parent, affiliate or subsidiary organization granting the State and/or the federal government the right to examine any directly pertinent books, documents, papers and records involving such transactions related to the contract. Further, if at any time after a proposal is submitted, such an association arises, the bidder will obtain a similar certification and authorization and failure to do so will constitute grounds for termination for cause of the contract at the option of the State;(i) bidder agrees that any lost or reduced federal matching money resulting from unacceptable performance in a contractor task or responsibility defined in the RFP, contract or modification shall be accompanied by reductions in state payments to Contractor; and(j) the bidder has not been retained, nor has it retained a person to solicit or secure a state contract on an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the bidder for the purpose of securing business.

For breach of this provision, the Committee shall have the right to reject the proposal, terminate the contract for cause and/or deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee or other benefit.

2.4. Bidder Information The bidder must include a narrative of the bidder's corporation and each subcontractor if any. The narrative shall include the following:

(a) date established;(b) ownership (public, partnership, subsidiary, etc.);(c) number of personnel, full and part time, assigned to this project by function and job title;(d) resources assigned to this project and the extent they are dedicated to other matters;(e) organizational chart;(f) financial statement may be required.

2.5. Qualifications A description of the bidder's qualifications and experience providing the requested or similar service shall be submitted with the Technical Proposal. The bidder must be an established firm recognized for its capacity to perform. The bidder must have sufficient personnel to meet the deadlines specified in the bid event.

2.6. Experience All bidders are preferred to have a minimum of 5 years continuous active participation in the applicable industry, providing equipment/services comparable in size and complexity to those specified herein.

2.7. Timeline A timeline for implementing services must be submitted with the bid.

2.8. Methodology Bidders shall submit with the bid, a detailed explanation of the methodology for implementing services.

2.9. References Provide three (3) references who have purchased similar items or services from the bidder in the last three (3) year(s). References shall show firm name, contact person, address, e-mail address and phone number. Bidder's employees and the buying agency shall not be shown as references.

2.10. Bidder Contracts Bidders must include with their RFP response, a copy of any contracts, agreements, licenses, warranties, etc. that the bidder would propose to incorporate into the contract generated from this Bid Event. (State of Kansas form DA-146a remains a mandatory requirement in all contracts.)


2.11. Alternate Proposals/Equivalent Items Bids on goods and services comparable to those specified herein are invited. Whenever a material, article or piece of equipment is identified in the specifications by reference to a manufacturer's or vendor's name, trade name, catalog number, etc., it is intended to establish a standard, unless otherwise specifically stated. Any material, article or equipment of other manufacturers or vendors shall perform to the standard of the item specified. Equivalent bids must be accompanied by sufficient descriptive literature and/or specifications to provide for detailed comparison. Samples of items, if required, shall be furnished at no expense to the State and if not destroyed in the evaluation process, shall be returned at bidder's expense, if requested.

The State of Kansas reserves the right to determine and approve or deny "equivalency" in comparison of alternate bids.

2.12. Technical Literature All Technical Proposals shall include specifications and technical literature sufficient to allow the State to determine that the equipment/services meet(s) all requirements. If a requirement is not addressed in the technical literature, it must be supported by additional documentation and included with the bid. Proposals without sufficient technical documentation may be rejected.

2.13. Unit Pricing Each item required by the bid must be individually priced (i.e. priced per single unit) and be able to be ordered individually.

2.14. Equipment All proposed equipment, equipment options, and hardware expansions must be identified by manufacturer and model number and descriptive literature of such equipment must be submitted with the bid response.

2.15. Procurement Card (P-Card) Many State Agencies use a State of Kansas Procurement Card (currently Visa) in lieu of a state warrant to pay for certain purchases. No additional charges will be allowed for using the P-Card. Bidders shall indicate on the Event Details document if they will accept the Procurement Card for payment.

2.16. Political Subdivisions Political subdivisions (City, County, School Districts, etc.) are permitted to utilize contracts administered by the Office of Procurement and Contracts. Please state in the area provided on the Event Details document whether or not you will allow this usage. Conditions included in this contract shall be the same for political subdivisions. The State has no responsibility for payments owed by political subdivisions. The Contractor must deal directly with the political subdivision.


3. Terms and Conditions

3.1. Contract The successful bidder will be required to enter into a written contract with the State. The contractor agrees to accept the provisions of Form DA 146a (Contractual Provisions Attachment), which is incorporated into all contracts with the State and is incorporated into this bid event.

3.2. Contract Documents This bid event, any amendments, the response and any response amendments of the Contractor, and the State of Kansas DA-146a (Contractual Provision Attachment) shall be incorporated into the written contract, which shall compose the complete understanding of the parties.

In the event of a conflict in terms of language among the documents, the following order of precedence shall govern:

Form DA 146a; written modifications to the executed contract; written contract signed by the parties; the Bid Event documents, including any and all amendments; and Contractor's written offer submitted in response to the Bid Event as finalized.

3.3. Captions The captions or headings in this contract are for reference only and do not define, describe, extend, or limit the scope or intent of this contract.

3.4. Definitions A glossary of common procurement terms is available at http://admin.ks.gov/offices/procurement-and-contracts, under the "Procurement Forms" link.

3.5. Contract Formation No contract shall be considered to have been entered into by the State until all statutorily required signatures and certifications have been rendered and a written contract has been signed by the contractor.

3.6. Statutes Each and every provision of law and clause required by law to be inserted in the contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then on the application of either party the contract shall be amended to make such insertion or correction.

3.7. Governing Law This contract shall be governed by the laws of the State of Kansas and shall be deemed executed in Topeka, Shawnee County, Kansas.

3.8. Jurisdiction The parties shall bring any and all legal proceedings arising hereunder in the State of Kansas District Court of Shawnee County, unless otherwise specified and agreed upon by the State of Kansas. Contractor waives personal service of process, all defenses of lack of personal jurisdiction and forum non conveniens. The Eleventh Amendment of the United States Constitution is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this Agreement shall be deemed a waiver of the Eleventh Amendment

3.9. Mandatory Provisions The provisions found in Contractual Provisions Attachment (DA 146a) are incorporated by reference and made a part of this contract.


3.10. Termination for Cause The Director of Purchases may terminate this contract, or any part of this contract, for cause under any one of the following circumstances:

the Contractor fails to make delivery of goods or services as specified in this contract; the Contractor provides substandard quality or workmanship; the Contractor fails to perform any of the provisions of this contract, or the Contractor fails to make progress as to endanger performance of this contract in accordance with its

terms.

The Director of Purchases shall provide Contractor with written notice of the conditions endangering performance. If the Contractor fails to remedy the conditions within ten (10) days from the receipt of the notice (or such longer period as State may authorize in writing), the Director of Purchases shall issue the Contractor an order to stop work immediately. Receipt of the notice shall be presumed to have occurred within three (3) days of the date of the notice.

3.11. Termination for Convenience The Director of Purchases may terminate performance of work under this contract in whole or in part whenever, for any reason, the Director of Purchases shall determine that the termination is in the best interest of the State of Kansas. In the event that the Director of Purchases elects to terminate this contract pursuant to this provision, it shall provide the Contractor written notice at least 30 days prior to the termination date. The termination shall be effective as of the date specified in the notice. The Contractor shall continue to perform any part of the work that may have not been terminated by the notice.

3.12. Rights and Remedies If this contract is terminated, the State, in addition to any other rights provided for in this contract, may require the Contractor to transfer title and deliver to the State in the manner and to the extent directed, any completed materials. The State shall be obligated only for those services and materials rendered and accepted prior to the date of termination.

In the event of termination, the Contractor shall receive payment prorated for that portion of the contract period services were provided to or goods were accepted by State subject to any offset by State for actual damages including loss of federal matching funds.

The rights and remedies of the State provided for in this contract shall not be exclusive and are in addition to any other rights and remedies provided by law.

3.13. Debarment of State Contractors Any Contractor who defaults on delivery or does not perform in a satisfactory manner as defined in this Contract may be barred for a period up to three (3) years, pursuant to KSA 75-37,103, or have their work evaluated for pre-qualification purposes pursuant to K.S.A. 75-37,104.

3.14. Antitrust If the Contractor elects not to proceed with performance under any such contract with the State, the Contractor assigns to the State all rights to and interests in any cause of action it has or may acquire under the anti-trust laws of the United States and the State of Kansas relating to the particular products or services purchased or acquired by the State pursuant to this contract.

3.15. Breach Waiver or any breach of any contract term or condition shall not be deemed a waiver of any prior or subsequent breach. No contract term or condition shall be held to be waived, modified, or deleted except by a written instrument signed by the parties thereto.

If any contract term or condition or application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition or application. To this end the contract terms and conditions are severable.


3.16. Hold Harmless The Contractor shall indemnify the State against any and all loss or damage to the extent arising out of the Contractor's negligence in the performance of services under this contract and for infringement of any copyright or patent occurring in connection with or in any way incidental to or arising out of the occupancy, use, service, operations or performance of work under this contract.

The State shall not be precluded from receiving the benefits of any insurance the Contractor may carry which provides for indemnification for any loss or damage to property in the Contractor's custody and control, where such loss or destruction is to state property. The Contractor shall do nothing to prejudice the State's right to recover against third parties for any loss, destruction or damage to State property.

3.17. Force Majeure The Contractor shall not be held liable if the failure to perform under this contract arises out of causes beyond the control of the Contractor. Causes may include, but are not limited to, acts of nature, fires, tornadoes, quarantine, strikes other than by Contractor's employees, and freight embargoes.

3.18. Assignment The Contractor shall not assign, convey, encumber, or otherwise transfer its rights or duties under this contract without the prior written consent of the State. State may reasonably withhold consent for any reason.

This contract may terminate for cause in the event of its assignment, conveyance, encumbrance or other transfer by the Contractor without the prior written consent of the State.

3.19. Third Party Beneficiaries This contract shall not be construed as providing an enforceable right to any third party.

3.20. Waiver Waiver of any breach of any provision in this contract shall not be a waiver of any prior or subsequent breach. Any waiver shall be in writing and any forbearance or indulgence in any other form or manner by State shall not constitute a waiver.

3.21. Injunctions Should Kansas be prevented or enjoined from proceeding with the acquisition before or after contract execution by reason of any litigation or other reason beyond the control of the State, Contractor shall not be entitled to make or assert claim for damage by reason of said delay.

3.22. Staff Qualifications The Contractor shall warrant that all persons assigned by it to the performance of this contract shall be employees of the Contractor (or specified Subcontractor) and shall be fully qualified to perform the work required. The Contractor shall include a similar provision in any contract with any Subcontractor selected to perform work under this contract.

Failure of the Contractor to provide qualified staffing at the level required by the contract specifications may result in termination of this contract or damages.

3.23. Subcontractors The Contractor shall be the sole source of contact for the contract. The State will not subcontract any work under the contract to any other firm and will not deal with any subcontractors. The Contractor is totally responsible for all actions and work performed by its subcontractors. All terms, conditions and requirements of the contract shall apply without qualification to any services performed or goods provided by any subcontractor.

3.24. Independent Contractor Both parties, in the performance of this contract, shall be acting in their individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be construed to be the employees or agents of the other party for any purpose whatsoever.


The Contractor accepts full responsibility for payment of unemployment insurance, workers compensation, social security, income tax deductions and any other taxes or payroll deductions required by law for its employees engaged in work authorized by this contract.

3.25. Worker Misclassification The Contractor and all lower tiered subcontractors under the Contractor shall properly classify workers as employees rather than independent contractors and treat them accordingly for purposes of workers' compensation insurance coverage, unemployment taxes, social security taxes, and income tax withholding. Failure to do so may result in contract termination.

3.26. Immigration and Reform Control Act of 1986 (IRCA) All contractors are expected to comply with the Immigration and Reform Control Act of 1986 (IRCA), as may be amended from time to time. This Act, with certain limitations, requires the verification of the employment status of all individuals who were hired on or after November 6, 1986, by the Contractor as well as any subcontractor or sub-contractors. The usual method of verification is through the Employment Verification (I-9) Form.

With the submission of this bid, the Contractor hereby certifies without exception that such Contractor has complied with all federal and state laws relating to immigration and reform. Any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and, at the State's option, may subject the contract to termination for cause and any applicable damages.

Unless provided otherwise herein, all contractors are expected to be able to produce for the State any documentation or other such evidence to verify Contractor's IRCA compliance with any provision, duty, certification or like item under the contract.

Contractor will provide a copy of a signed Certification Regarding Immigration Reform and Control Form (http://admin.ks.gov/docs/default-source/ofpm/procurement-contracts/irca.doc?sfvrsn=6) with the technical proposal.

3.27. Proof of Insurance Upon request, the Contractor shall present an affidavit of Worker's Compensation, Public Liability, and Property Damage Insurance to Procurement and Contracts.

3.28. Conflict of Interest The Contractor shall not knowingly employ, during the period of this contract or any extensions to it, any professional personnel who are also in the employ of the State and providing services involving this contract or services similar in nature to the scope of this contract to the State. Furthermore, the Contractor shall not knowingly employ, during the period of this contract or any extensions to it, any state employee who has participated in the making of this contract until at least two years after his/her termination of employment with the State.

3.29. Nondiscrimination and Workplace Safety The Contractor agrees to abide by all federal, state and local laws, and rules and regulations prohibiting discrimination in employment and controlling workplace safety. Any violations of applicable laws or rules or regulations may result in termination of this contract.

3.30. Confidentiality The Contractor may have access to private or confidential data maintained by State to the extent necessary to carry out its responsibilities under this contract. Contractor must comply with all the requirements of the Kansas Open Records Act (K.S.A. 45-215 et seq.) in providing services under this contract. Contractor shall accept full responsibility for providing adequate supervision and training to its agents and employees to ensure compliance with the Act. No private or confidential data collected, maintained or used in the course of performance of this contract shall be disseminated by either party except as authorized by statute, either during the period of the contract or thereafter. Contractor agrees to return any or all data furnished by the State promptly at the request of State in whatever form it is maintained by Contractor. On the termination or expiration of this contract, Contractor shall not use any of such data or any material derived from the data for any purpose and, where so instructed by State, shall destroy or render it unreadable.


A. Access. Contractor will have access to Confidential Information and private or confidential data maintained by the State, to the extent necessary to carry out Contractor’s responsibilities. Contractor agrees that all Confidential Information shall be and shall remain the sole property of the State and Contractor holds any such Confidential Information in trust and confidence for the State. This Confidential Information and data includes, but is not limited to, security arrangements, personal financial information, information regarding undercover law enforcement agents, social security numbers, students & student employees, and medical providers and/or their recipients. Contractor also agrees to the following:

1. All the information and data (including individual or other information identified by the State) of the State shall be considered confidential and private. All electronic data shall be secured through encryption or other comparable security measure.2. Contractor agrees that it and its employees will not, during the performance of or after the termination of this Agreement, disseminate or disclose at any time to any person, firm, corporation, or other entity, or use for its own business or benefit any information or data (including but not limited to use of names, home addresses, phone numbers of employees or citizens; or any other information obtained about employees, citizens, or vendors) obtained by it while in the performance of this Agreement. 3. Contractor shall not remove Confidential Information from State’s site without State’s prior written approval. Notwithstanding the foregoing, email and similar communications contained on Contractor laptops shall not be considered Confidential Information and approval is granted, subject to compliance with applicable security policies, for Contractor laptops to be removed from the State’s site.4. Contractor shall limit access to Confidential Information solely to staff of Contractor who have a business need to know for purposes of fulfilling Contractor’s obligations under this Agreement. Any staff, individual or entity assigned to work for Contractor under this Agreement shall separately sign a non-disclosure agreement(s) and be bound by the requirements of this Article and any Kansas Department of Administration computer security policy and user agreement, which shall be incorporated by reference herein.5. Contractor agrees to comply and shall be fully responsible for providing adequate supervision and training to its agents and employees to ensure Contractor’s (and subcontractors of Contractor) compliance with all applicable State and Federal Acts regarding confidentiality and the Kansas Open Records Act, K.S.A. 45-215 et seq.

B Return. Upon termination or expiration of this Agreement, or at the State’s request, Contractor and each of the persons and entities working for the Contractor, including any subcontractors, shall promptly destroy or return to the State all Confidential Information, including all data, information electronic, written, or descriptive materials or any related matter of any type, including but not limited to drawings, blueprints, descriptions, or other papers or documents which contain any such Confidential Information and shall not make, retain or distribute any copies thereof.

C. Press Releases, Public Statements, and/or Communications. Contractor agrees that no public statement, release, or communication acknowledging or implying that the State is a customer of Contractor is allowed under this Agreement. Any approval by the State for such public statement, release, or communication shall only be provided in writing by State to Contractor’s contact for receiving Notice as described in this Agreement. The State may refuse such a request for any reason.

D. Contractor’s Confidential Information. The State will ensure that Contractor’s properly marked and designated “confidential information”, or information that should by its nature be obviously understood to be confidential, including without limitation social security numbers and personal private information, is not disclosed to others except as required by the Kansas Open Records Act. Contractor acknowledges and agrees that the State may be required to disclose certain information of Contractor pursuant to the Kansas Open Records Act.

E. Failure to Secure Confidential Information. Contractor shall develop and maintain a security plan for the Project pursuant to its internal Client Data Protection Policies. Such plan shall be subject to review and approval by the State. Upon approval, Contractor shall implement and comply with such plan to secure and protect all personal and private information or personal health information. Contractor shall hold State harmless and indemnify the State for expenses or damages, of any kind, incurred or suffered by the State as a result of any failure by Contractor to comply with such plan. Contractor shall notify the State of any loss or breach of confidential information or data within twenty-four (24) hours of such knowledge. Contractor shall


also be responsible and liable for any and all damages to individuals due to such breaches. In the event of any failure to comply with the security plan in which the Confidential Information of one or more individuals is lost, compromised, or is potentially compromised, Contractor shall be responsible and pay for any and all damages, expenses, and costs (including but not limited to lost wages and efforts spent to defend or correct against identity theft) caused to the State or any individual for the disclosure of any Confidential Information. In the event of such breach, Contractor shall provide notice to the State and affected individuals of such disclosure and shall also offer free of charge to affected individuals and the State, identity theft protection insurance for a period of up to two (2) years up to an aggregate cap of one million dollars ($1,000,000). Such identity theft protection insurance shall be the sole and exclusive remedy against Contractor with respect to a breach under this provision. These terms shall also apply to any third-party vendors or subcontractors.

3.31. Environmental Protection The Contractor shall abide by all federal, state and local laws, and rules and regulations regarding the protection of the environment. The Contractor shall report any violations to the applicable governmental agency. A violation of applicable laws or rule or regulations may result in termination of this contract for cause.

3.32. Care of State Property The Contractor shall be responsible for the proper care and custody of any state owned personal tangible property and real property furnished for Contractor's use in connection with the performance of this contract. The Contractor shall reimburse the State for such property's loss or damage caused by the Contractor, except for normal wear and tear.

3.33. Prohibition of Gratuities Neither the Contractor nor any person, firm or corporation employed by the Contractor in the performance of this contract shall offer or give any gift, money or anything of value or any promise for future reward or compensation to any State employee at any time.

3.34. Retention of Records Unless the State specifies in writing a different period of time, the Contractor agrees to preserve and make available at reasonable times all of its books, documents, papers, records and other evidence involving transactions related to this contract for a period of five (5) years from the date of the expiration or termination of this contract.

Matters involving litigation shall be kept for one (1) year following the termination of litigation, including all appeals, if the litigation exceeds five (5) years. The Contractor agrees that authorized federal and state representatives, including but not limited to, personnel of the using agency; independent auditors acting on behalf of state and/or federal agencies shall have access to and the right to examine records during the contract period and during the five (5) year post contract period. Delivery of and access to the records shall be within five (5) business days at no cost to the state.

3.35. Off-Shore Sourcing Due to security concerns and confidentiality the Contractor or subcontractor may not perform or move work to a location outside of the United States. The Contractor shall immediately notify the Procurement and Contracts and the respective agency in writing, indicating and moves to a new desired location, the nature of the work to be moved and the percentage of work that would be relocated. The Director of Purchases, with the advice of the respective agency, must approve any changes prior to work being relocated. Failure to obtain the Director's approval may be grounds to terminate the contract for cause.

3.36. On-Site Inspection Failure to adequately inspect the premises shall not relieve the Contractor from furnishing without additional cost to the State any materials, equipment, supplies or labor that may be required to carry out the intent of this Contract.

3.37. Indefinite Quantity Contract This is an open-ended contract between the Contractor and the State to furnish an undetermined quantity of a good or service in a given period of time. The quantities ordered will be those actually required during the


contract period, and the Contractor will deliver only such quantities as may be ordered. No guarantee of volume is made. An estimated quantity based on past history or other means may be used as a guide.

3.38. Prices Prices shall remain firm for the entire contract period and subsequent renewals. Prices shall be net delivered, including all trade, quantity and cash discounts. Any price reductions available during the contract period shall be offered to the State of Kansas. Failure to provide available price reductions may result in termination of the contract for cause.

3.39. Payment Payment Terms are Net 30 days. Payment date and receipt of order date shall be based upon K.S.A. 75-6403(b). This Statute requires state agencies to pay the full amount due for goods or services on or before the 30th calendar day after the date the agency receives such goods or services or the bill for the goods and services, whichever is later, unless other provisions for payment are agreed to in writing by the Contractor and the state agency. NOTE: If the 30th calendar day noted above falls on a Saturday, Sunday, or legal holiday, the following workday will become the required payment date.

Payments shall not be made for costs or items not listed in this contract.

Payment schedule shall be on a frequency mutually agreed upon by both the agency and the Contractor.

3.40. Invoices Each purchase order must be individually invoiced. Invoices shall be forwarded to the using agency in duplicate and shall state the following:

date of invoice. date of shipment (or completion of work); purchase order number and contract number; itemization of all applicable charges; and net amount due.

3.41. Accounts Receivable Set-Off Program If, during the course of this contract the Contractor is found to owe a debt to the State of Kansas, a state agency, municipality, or the federal government, agency payments to the Contractor may be intercepted / setoff by the State of Kansas. Notice of the setoff action will be provided to the Contractor. Pursuant to K.S.A. 75-6201 et seq, Contractor shall have the opportunity to challenge the validity of the debt. The Contractor shall credit the account of the agency making the payment in an amount equal to the funds intercepted.

K.S.A. 75-6201 et seq. allows the Director of Accounts & Reports to setoff funds the State of Kansas owes Contractors against debts owed by the Contractors to the State of Kansas, state agencies, municipalities, or the federal government. Payments setoff in this manner constitute lawful payment for services or goods received. The Contractor benefits fully from the payment because its obligation is reduced by the amount subject to setoff.

3.42. Federal, State and Local Taxes Unless otherwise specified, the contracted price shall include all applicable federal, state and local taxes. The Contractor shall pay all taxes lawfully imposed on it with respect to any product or service delivered in accordance with this Contract. The State of Kansas is exempt from state sales or use taxes and federal excise taxes for direct purchases. These taxes shall not be included in the contracted price. Upon request, the State shall provide to the Contractor a certificate of tax exemption.

The State makes no representation as to the exemption from liability of any tax imposed by any governmental entity on the Contractor.


3.43. Shipping and F.O.B. Point Unless otherwise specified, prices shall be F.O.B. DESTINATION, PREPAID AND ALLOWED (included in the price bid), which means delivered to a state agency's receiving dock or other designated point as specified in this contract or subsequent purchase orders without additional charge. Shipments shall be made in order to arrive at the destination at a satisfactory time for unloading during receiving hours.

3.44. Deliveries All orders shall be shipped within 30 days ARO, clearly marked with the purchase order number. If delays in delivery are anticipated, the Contractor shall immediately notify the ordering agency of the revised delivery date or partial delivery date. The order may be canceled if delivery time is unsatisfactory. The Contractor shall inform Procurement and Contracts of any supply or delivery problems. Continued delivery problems may result in termination of the contract for cause.

3.45. Charge Back Clause If the Contractor fails to deliver the product within the delivery time established by the contract, the State reserves the right to purchase the product from the open market and charge back the difference between contract price and open market price to the Contractor.

3.46. Debarment of State Contractors Any Contractor who defaults on delivery or does not perform in a satisfactory manner as defined in this Agreement may be barred for up to a period of three (3) years, pursuant to K.S.A. 75-37,103, or have its work evaluated for pre-qualification purposes. Contractor shall disclose any conviction or judgment for a criminal or civil offense of any employee, individual or entity which controls a company or organization or will perform work under this Agreement that indicates a lack of business integrity or business honesty. This includes (1) conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract; (2) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property; (3) conviction under state or federal antitrust statutes; and (4) any other offense to be so serious and compelling as to affect responsibility as a state contractor. For the purpose of this section, an individual or entity shall be presumed to have control of a company or organization if the individual or entity directly or indirectly, or acting in concert with one or more individuals or entities, owns or controls 25 percent or more of its equity, or otherwise controls its management or policies. Failure to disclose an offense may result in the termination of the contract.

3.47. Materials and Workmanship The Contractor shall perform all work and furnish all supplies and materials, machinery, equipment, facilities, and means, necessary to complete all the work required by this Contract, within the time specified, in accordance with the provisions as specified.

The Contractor shall be responsible for all work put in under these specifications and shall make good, repair and/or replace, at the Contractor's own expense, as may be necessary, any defective work, material, etc., if in the opinion of agency and/or Procurement and Contracts said issue is due to imperfection in material, design, workmanship or Contractor fault.

3.48. Industry Standards If not otherwise provided, materials or work called for in this contract shall be furnished and performed in accordance with best established practice and standards recognized by the contracted industry and comply with all codes and regulations which shall apply.

3.49. Implied Requirements All products and services not specifically mentioned in this contract, but which are necessary to provide the functional capabilities described by the specifications, shall be included.

3.50. Submission of the Bid Submission of the bid will be considered presumptive evidence that the bidder is conversant with local facilities and difficulties, the requirements of the documents and of pertinent State and/or local codes, state of labor and material markets, and has made due allowances in the proposal for all contingencies. Later claims for labor, work, materials, equipment, and tax liability required for any difficulties encountered which could have been


foreseen will not be recognized and all such difficulties shall be properly taken care of by Contractor at no additional cost to the State of Kansas.

3.51. New Materials, Supplies or Equipment Unless otherwise specified, all materials, supplies or equipment offered by the Contractor shall be new, unused in any regard and of most current design. All materials, supplies and equipment shall be first class in all respects. Seconds or flawed items will not be acceptable. All materials, supplies or equipment shall be suitable for their intended purpose and, unless otherwise specified, fully assembled and ready for use on delivery

3.52. Inspection The State reserves the right to reject, on arrival at destination, any items which do not conform with specification of the Contract.

3.53. Acceptance No contract provision or use of items by the State shall constitute acceptance or relieve the Contractor of liability in respect to any expressed or implied warranties.

3.54. Ownership All data, forms, procedures, software, manuals, system descriptions and work flows developed or accumulated by the Contractor under this contract shall be owned by the using agency. The Contractor may not release any materials without the written approval of the using agency.

3.55. Information/Data Any and all information/data required to be provided at any time during the contract term shall be made available in a format as requested and/or approved by the State.

3.56. Certification of Materials Submitted The Bid document, together with the specifications set forth herein and all data submitted by the Contractor to support their response including brochures, manuals, and descriptions covering the operating characteristics of the item(s) proposed, shall become a part of the contract between the Contractor and the State of Kansas. Any written representation covering such matters as reliability of the item(s), the experience of other users, or warranties of performance shall be incorporated by reference into the contract.

3.57. Transition Assistance In the event of contract termination or expiration, Contractor shall provide all reasonable and necessary assistance to State to allow for a functional transition to another vendor.

3.58. Integration This contract, in its final composite form, shall represent the entire agreement between the parties and shall supersede all prior negotiations, representations or agreements, either written or oral, between the parties relating to the subject matter hereof. This Agreement between the parties shall be independent of and have no effect on any other contracts of either party.

3.59. Modification This contract shall be modified only by the written agreement and approval of the parties. No alteration or variation of the terms and conditions of the contract shall be valid unless made in writing and signed by the parties. Every amendment shall specify the date on which its provisions shall be effective.

3.60. Severability If any provision of this contract is determined by a court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this contract shall not be affected and each provision of this contract shall be enforced to the fullest extent permitted by law.

3.61. Award Award will be by line item or group total, whichever is in the best interest of the State of Kansas.


3.62. Performance Incentives The following are areas where Contractor guarantees performance. Failure to meet the required performance standards or guarantees will result in the Contractor being assessed and responsible for performance guarantee amounts as listed in this Section.

Contractor shall be responsible for self-reporting the performance failures set forth in subsections A through D below and timely submitting liquidated damages amounts due to the State. Contractor shall establish and maintain a system to monitor and report these performance failures. Contractor will submit a measurement report to the State ten (10) business days after the end of each calendar month, unless otherwise waived by the State. The measurement report shall be in a format mutually agreed upon by the State and Contractor. The measuring period for the purpose of considering and calculating performance guarantees shall be on a monthly basis, unless otherwise indicated. Contractor shall work with State in good faith to provide additional information reasonably requested by State for evaluation of performance incentives. Performance incentives shall only be due from Contractor under this Section 3.41 if the failure was solely and directly caused by acts or omissions of Contractor and/or Contractor’s subcontractor, and not caused directly or indirectly in whole or in part by any act(s) or omission(s) of the State, third parties (excepting Contractor’s subcontractors), Force Majeure events, or other events beyond Contractor’s reasonable control. The time deadlines associated with the identified Milestones set forth below are intended to conform to the Project Plan. If the Project Plan changes, then such date changes will be deemed incorporated into this Section as applicable. The parties intend the performance incentives amounts stated in this Section 3.41 to compensate, and not punish for, a breach of the conditions indicated below:

A. Contractor’s Project Director shall not be reassigned without the State’s prior written approval, such approval or disapproval to be given by the State to Contractor within five (5) business days of Contractor’s request. For purposes of this Section, State's disapproval of Contractor's request for reassignment of its personnel shall be based on criteria related to Contractor's fulfillment of its Contract obligations. Contractor agrees and shall pay the State $25,000 per occurrence for failure to secure the State’s prior written approval for reassignment of Contractor’s Project Director; provided, however, that the State has timely responded to Contractor’s request for approval.

B. All other Contractor Key Staff personnel shall not be reassigned without the State’s prior written approval, such approval or disapproval to be given by the State to Contractor within two (2) business days of Contractor’s request. For purposes of this Section, State's disapproval of Contractor's request for reassignment of its personnel shall be based on criteria related to Contractor's fulfillment of its Contract obligations. Contractor agrees and shall pay the State $10,000 per occurrence for failure to secure the State’s prior written approval for reassignment of Contractor’s key staff personnel; provided, however, that the State has timely responded to Contractor’s request for approval.

C. Upon receipt by Contractor of a Legislative Request pertaining to the Contractor’s responsibilities under the contract, Contractor shall, within two (2) business days, either prove completion of the task, demonstrate substantial progress toward completion of the task, or provide a written justification for the delay, and establish the timeframe by which the request will be completed. Contractor agrees and shall pay $2,000 per each business day to the State for Contractor’s failure to respond timely to a Legislative Request and provide the information as requested herein. There shall be a total dollar cap on subsection C performance incentives of $10,000 per Legislative Request. Assessment of performance incentives shall not relieve Contractor of a duty to respond to the Legislative Request.

D. For failure of Contractor to timely deliver any of the Critical Milestones, Contractor agrees and shall pay the State $5,000.00 per each day beyond this date for the failure. The performance incentives for each failure to timely deliver shall be limited to twenty (20) business days.

If Contractor fails to meet one of the above-mentioned proposed standards set out in subparagraphs (A) through (D), the State may elect to assess the performance guarantee if the failure(s) meets the criteria for Contractor liability set above. If the State makes the election to assess performance incentives, such assessment will be the sole remedy available to the State for such failure and shall be in lieu of any other damages, if the standard is corrected within thirty (30) days. Payment of performance incentives, however, shall not relieve Contractor of its obligations to remedy a material breach of this Contract’s terms, and upon Contractor’s receipt of written notice of such breach from the State, the Contractor shall be given thirty (30) days to cure such breach, or commence cure if the breach is not


capable of cure within thirty (30) days, and if Contractor fails to take reasonable steps to either cure or commence cure (as applicable) within thirty (30) days, the State has the option of (i) extending the time for cure or commencement of cure or (ii) terminating this Contract upon written notice to Contractor. In the event of termination of the Contract for material breach of its terms, any performance incentives already paid by Contractor to the State will be subtracted from any actual and direct Contract termination damages incurred and claimed by the State.

Contractor has thirty (30) calendar days from receipt of the State’s written notice of assessment of performance incentives to dispute in writing any performance incentives amounts assessed by the State under this Section 4.61. All undisputed performance incentives are due within forty-five (45) calendar days after contractor’s receipt of the State’s written assessment. The State will respond to any dispute within thirty (30) calendar days of its receipt of Contractor’s written notice of the dispute. In the event the State agrees with any dispute brought by Contractor under this Section 3.41, the assessment of any performance incentives disputed amounts will be withdrawn by the State.

The State may agree to substitute service credits for performance incentive amounts to be paid.

3.63. Kansas Information Technology Architecture Compliance Policy at: http://oits.ks.gov/kito/itec/Policies/itecitpolicy4010.htm

All information technology initiatives and acquisitions will comply with the Kansas Information Technology Architecture.

Preferred compliance with the KITA is assured when: (A) an item is selected for purchase from a state contract listed in the KITA under the heading of “Target Architecture”; (B) an item is included in a general category listed under the heading “Target Architecture" in the KITA; (C) when the item conforms to a technical standard listed under the headings "Target Architecture" in the KITA.

Compliance with the KITA is assured when: (A) an item is selected for purchase from a state contract listed in the KITA; (B) an item is included in a general category listed under the heading "Current Standard" or "Emerging Standard" in the KITA; (C) when the item conforms to a technical standard listed under the headings "Current Standard" or "Emerging Standard" in the KITA.Compliance with the KITA is problematic when an item conforms to a technical standard or is included in a general category under the heading "Twilight Standard" in the KITA. Agencies should be prepared to provide justification for new acquisitions or initiatives that are proposed under this heading.

Vendors shall identify any products in their proposal which would be considered “problematic” under the above.

See: http://oits.ks.gov/kito/cita/KITA.htm for a copy of the current KITA version and more information about it.

3.64. Kansas Date Data Standard Compliance Policy at: http://oits.ks.gov/kito/itec/Policies/itecitpolicy6200.htm

The contractor warrants fault-free performance in the processing of date and date-related data (including, but not limited to, calculating, comparing, and sequencing) by all goods and services delivered. Fault-free performance includes, but is not limited to, the manipulation of data with correct results when using dates prior to, through, and beyond January 1, 2000, and shall be transparent to the user.

Hardware and software products, individually and in combination, shall provide the correct system date and correct calculations which utilize or refer to the date data, without human intervention, including leap year calculations. Hardware and software products, individually and in combination, shall also provide correct results when moving forward or backward across the year 2000.

3.65. Americans With Disabilities Act Compliance


Computer Hardware, Software, Other Technologies. All products and services provided or developed as part of fulfilling this contract shall conform to Section 508 of the Rehabilitation Act of 1973 and any amendments thereto, (29 U.S.C. & 794d), and its implementing Electronic and Information Technology Accessibility Standards (36 CFR § 1194). Section 508 requires that electronic and information technology is accessible to people with disabilities, including employees and members of the public. Information regarding accessibility under Section 508 is available http://www.section508.gov/, and a technical assistance document can be found at http://www.access-board.gov/sec508/guide/.

Web Development. Websites, web services, and web applications shall be accessible to and usable by individuals with disabilities. This means that any websites, web services, and/or web applications developed in the fulfillment of this contract—including but not limited to: ((a) any web-based training material, user documentation, reference material or other communications materials intended for public or internal use related to the work completed under this contract; and (b) any updates, new releases, versions, upgrades, improvements, bug fixes, patches, customizations, or other modifications to the above—shall comply with Kansas Information Technology Policy 1210: State of Kansas Web Accessibility Requirements (IT Policy 1210), IT Policy 1210 is located at http://oits.ks.gov/kito/itec/Policies/itecitpolicy1210.htm. For additional reference, supporting information for implementing IT Policy 1210 can be found at http://oits.ks.gov/kpat/.

Affirmation of Conformance. The contractor shall provide a description of conformance with the above mentioned specifications by means of a completed Voluntary Product Accessibility Template (VPAT) or other comparable document. (VPAT information is available at http://www.itic.org/index.php?src=gendocs&ref=vpat&category=resources&submenu=Resources.) A VPAT is only necessary when contractor is using pre-existing (off the shelf) software. This conformance claim becomes a contractual term between the contractor and the contracting state agency.

3.66. GIS Support All databases created in this work shall be compliant with existing GIS development standards and enterprise infrastructure to optimize spatial functionality and encoding for address data elements. The Kansas enterprise Geographic Information System (GIS) is based on Environmental Systems Research Institute (ESRI) technology. Kansas supports both internal and external web map service environments and server-side web map development is an emerging trend in GIS development standards, along with higher utilization of centralized spatial database engine (SDE) and implementation of comprehensive geocoding and address standardization. The Kansas GIS infrastructure includes central file servers, central Oracle SDE spatial databases, concurrent desktop licenses for ArcGIS and extension products, along with GPS field data collection and data management tools for spatial databases. Kansas supports and implements the GIS Addressing Standard established by the Kansas GIS Policy Board. A copy of this standard is accessible from the Kansas GIS website link at: http://oits.ks.gov/kito/itec/documents/GIS_Addressing_Standard.pdf .

3.67. Change Control Process During the term of this Agreement, either the State Project Director or Contractor’s project manager, provided an authorized State employee sponsors such change, may propose to modify the scope of the Deliverables or Services provided for in this Agreement. In such cases, the party requesting the change shall forward to the other party a written Change Control Request pursuant to the protocol set forth in the attached Change Control Process. The payment structure for a Change Control Request may be either fixed fee/fixed scope or time and materials based as the State may deem to be in its best interests. Should a Change Control Request require preliminary analysis, costs for such analysis shall be borne by Contractor except in the instance of an extraordinary request, which such cost shall be agreed upon by the parties.

3.68. Acceptance of Deliverables Contractor shall complete all Deliverables and perform all Services in conformance with the terms of this Agreement. State will accept all Deliverables and Services according to the Quality Assurance Review Process (QARP) described below. This process shall apply to any acceptance and payment process and criteria specifically designed for this Agreement or a Task Order created under this Agreement. State will notify Contractor of any deficiency of any Deliverable found during the performance of this Agreement, and Contractor shall have the opportunity to cure such deficiency or errors in accordance with the process herein.

http://www.access-board.gov/sec508/guide/


Deliverable Expectations Document. Prior to starting development of each Deliverable or Service, the parties shall mutually agree on the acceptance criteria that will be used for each Deliverable, and a Deliverable Expectations Document (“DED”) which shall be the specification for each Deliverable or Service. The Agency shall have five (5) business days to review and approve the DED. The Contractor is responsible for ensuring that the DED is signed by the Agency’s authorized designee and the Contractor’s authorized designee prior to initiating development of the Deliverable or Service.

Contractor’s Completed Deliverable or Service. After the Contractor has completed a Deliverable or Service under this Agreement, or a Task Order created under this Agreement, the Contractor shall submit to the Agency authorized designee for approval such completed Service or Deliverable along with: 1) the Deliverable/Service Acceptance Form (attached below), and 2) a signed copy of the agreed upon DED. Unless otherwise specified and agreed to, Contractor shall submit three(3) paper hardcopies (if the Deliverable is a document) and one (1) copy in editable electronic format in mutually agreed upon media.

State’s Receipt of Completed Deliverable or Service. The Agency authorized designee shall have up to ten (10) or otherwise mutually agreed to number of working days following his/her receipt of each Deliverable or Service to complete the QARP, and return a completed Acceptance Form as described below. Deliverables received after 8:00 A.M. will be considered delivered the next working day.

Acceptance. Upon the verification that the Deliverable is or is not in conformity with the DED, the State shall complete an Acceptance Form which provides the State the opportunity to: Accept the Deliverable or Reject the Deliverable.

Notice of Deficiency. If a Deliverable or any portion thereof, is unacceptable under the QARP, the Agency authorized designee shall notify Contractor in writing within ten (10) or otherwise mutually agreed to number of working days of his/her receipt of a Deliverable from Contractor. State shall return the Acceptance Form and such writing shall set forth with particularity and specificity the reason for rejection of the Deliverable.Cure Period. Within ten (10) or otherwise mutually agreed to number of working days from the date of Contractor’s receipt of written notification of rejection of a Deliverable, Contractor shall correct the deficiency or deficiencies and bring the Deliverable into compliance with the DED (“cure period”). In all cases, Contractor shall timely and diligently pursue a cure for any deficiencies, and shall take all reasonable steps, including allocating additional resources if necessary, to timely cure a deficiency as promptly as practicable. Should rejection of the Deliverable impact the content of other non-completed Deliverables, the Contractor and the Agency authorized designee must determine a mutually agreed to number of days for re-submission that minimizes the overall impact to the Project. However, nothing herein shall affect, alter or relieve Contractor of its obligations to correct deficiencies or errors in the project in accordance with any time response standards set forth in this Agreement.Failure to Correct Deficiency. If Contractor fails to correct such deficiency or deficiencies in accordance with the cure period as agreed to by the parties, the Agency designee at his/her option may, without prejudice to any other remedy, 1) cure or make good any such deficiencies, including securing the services of third parties at Contractor’s sole expense; and/or 2) require Contractor to suspend services hereunder immediately until the deficiency has been cured. As appropriate, a Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting or finishing such deficiencies, including the cost of additional services and third party services. A Change Order issued pursuant to a deficiency herein shall not require the Contractor’s approval, and any additional cost shall be borne by the Contractor. Resubmission of Deliverable. Once the Contractor has corrected a deficiency, Contractor shall re-submit the Deliverable to the Agency authorized designee for approval. Upon receipt of such Deliverable resubmitted for approval, the Agency authorized designee shall have up to five (5) or otherwise mutually agreed to number of working days to determine whether the deficiency specified in the rejection notice has been corrected. This subsequent review shall be limited to the original deficiencies and the portions of the Deliverable that were dependent on the deficiencies.

3.69. Project Management Methodology The State of Kansas has adopted a uniform Project Management Methodology for all Information Technology (IT) projects valued at $250,000 or more. The methodology can be found at http://oits.ks.gov/kito. Kansas has enacted comprehensive statutes (K.S.A. 75-7203 et.seq.) dealing with the architecture, management, and oversight of IT activities statewide. The Information Technology Executive Council (ITEC), implementing their oversight


responsibilities under those statutes, has adopted ITEC Policy 2500, which can be found at http://da.state.ks.us/kito. That policy sets forth project reporting requirements.

The Contractor shall deliver to the agency all information regarding contractor performance necessary for the agency to meet its project reporting obligations under ITEC policies. Such information may include, but shall not be limited to:

Work Breakdown Structure,with summary level tasks, andwith individual tasks at less than or equal to 80 hours apiece.Estimated cost to completion data.Gantt charts,with critical path identification, andidentifying milestones,showing progress to date, withidentified start and finish dates for all tasks, andcorrelated one-to-one with the Work Breakdown Structure.

When requested by the agency, the project reporting information shall be provided in compatible electronic form as well as printed output (the state uses Microsoft Project as its primary project management software package). Further, when requested by the agency, the project reporting information shall include state resources applicable to the project.

Larger or more complex projects, or projects encountering difficulties, may require additional data reports, or an increased reporting frequency. Such additional requirements shall be maintained and supported by the contractor, if required by the agency to meet requirements of the Kansas Information Technology Office or the Legislative Joint Committee on Information Technology.


4. SPECIFICATIONS

The State of Kansas is issuing this Request for Proposal to obtain competitive responses from Contractors to provide a Centralized Voter Registration and Election Management System for the State of Kansas.

SECTION IV - PROPOSAL FORMAT

Overview

The following information shall be part of the technical proposal: Vendors are instructed to prepare their proposal following the same sequence as discussed herein.

Proposals, to be considered, need to include all data and information required by this RFP. Non-compliance with the instructions will make fair consideration of offerings difficult and could result in rejection of the proposal without review.

The proposal for KSOS should be clear, coherent and prepared in sufficient detail for effective evaluation by KSOS. Elaborate documentation, expensive binding, detailed artwork or other embellishments are neither necessary nor desirable.

The RFP contains sections on Background Information, Application Requirements Checklist, and Other Technical Requirements for implementation. Vendors are requested to respond to requirements and information provided in Sections 5 and 6 with a discussion of how their products will be deployed to address the needs of KSOS with a working system and a plan on how such a project will be accomplished. Vendors are free to make operational assumptions relative to how they think the system should operate and the manner in which it will be best deployed.

Statements that the vendor understands all specifications and can or will comply with them, as well as Statements paraphrasing the specifications or parts thereof are considered insufficient. Consistent use of phrases such as "standard procedures will be employed," "industry standards are followed," or, "well known techniques will be used," will be considered insufficient. Content and quality are more important than quantity.

Proposal Response: To aid in the evaluation of submissions, vendors are asked to adhere to a standard Table of Contents. There are four (4) discrete components to the properly completed response. They are;

(a) the completed Signature Sheet (see page 2 above); (b) the Transmittal Letter; (c) the Technical Proposal which will be submitted as Section 5; and (d) the Price Proposal that will be submitted as Section 11.

Vendors will add additional information such as brochures and marketing literature to the Appendix of the Technical Proposal. The information should be organized as outlined in Section 4.4.2. Please note that Sections 1 – 4 are incorporated by reference in your proposal. They are the first four sections of this Request for Proposal.

Transmittal Letter Instructions: The Transmittal Letter will not have a section number but should appear as the second document in the binder (after Signature Sheet) and should include the following information as a minimum representation:

◦ that the vendor is the prime contractor and identifying all subcontractors; ◦ that the vendor is a corporation or other legal entity;◦ that no attempt has been made or will be made to induce any other person or firm to submit or not to submit a

proposal;◦ that the vendor does not discriminate in employment practices with regard to race, religion, age (except as

provided by law), sex, marital status, political affiliation, national origin or disability;


◦ that no cost or pricing information has been included in the transmission letter or technical proposal;◦ that the vendor presently has no interest, direct or indirect, which would conflict with the performance of

services under this contract and shall not employ, in the performance of this contract, any person having a conflict;

◦ that the person signing the proposal is authorized to make decisions as to pricing and has not participated, and will not participate, in any action contrary to the above-Statements;

◦ that the system, including all purchased and custom software and all hardware is is free of any embedded future date constraints.

Technical Proposal Instructions

Technical Proposal: The Technical Proposal will appear as Section 5. It follows the completed Signature Sheet and the Transmittal Letter. Other Sections are labeled 6 through 8 are discussed below. Section 9 is the Cost Proposal which will be sent as a separate document in a sealed envelope. Contents of the Technical Responses are as outlined below:

Outline of Response:

Executive Summary (Labeled Section 5)

Overview of Project ApproachMaster Milestone ScheduleExceptions to the RFPHigh Risk AreasCorporate Background

Discussion of subcontractors (if any)

Software Solution (Labeled Section 5.1)

Overall ApproachProduct Overview

Centralized Voter Registration System Election Management System Document ImagingOptical/Intelligent Character RecognitionSystem SecurityVoting Devices Software

Hardware Solution (Labeled Section 5.2)

Architecture

SystemNetwork

Server Platform Requirements

Operating System Requirements

Browser/ClientNetworkServer

Data Base Management Requirements


Scanning Devices Requirements

Optical/Intelligent Character Recognition platform

Back-Up Device Requirements

Storage Subsystems Requirements

RAID StorageOptional Optical Storage

Printing Device Requirements

Registration CardsCorrespondence with exclusive bar code identification

Electronic Voting Devices

NetworkedStand alone

Cloud Based OfferingIf the vendor provides a Cloud based offering, it is still necessary to complete the hardware section of the Cost Proposal and identify the number of physical and virtual machines that will be employed in delivering the system. A narrative of the advantages of the Cloud offering should be Included in the technical proposal and should discuss any sub-contractor used to the deliver the service.

Professional Services (Labeled Section 5.3)

Project Management

ApproachProject Organization StructureMaster Integrated ScheduleReportingProblem ResolutionKSOS Resources RequiredFormal Review MeetingsChange of Scope Management

Data Set Conversion

Existing KSOS Voter Registration dataCounty Voter Registration dataDMV Driver License filesHealth and Environment death recordsJudicial and Corrections Felony conviction records

Training

System Administration Application Development (for each component)User Capture and Index

Documentation


Response to Section 5 Background Information (Labeled Section 5.4)

Each segment of Section 5 has several items that must be specifically addressed. Include your responses here.

Application Requirements Checklist (Labeled Section 6)

Provide a statement that all functions will be supported unless otherwise indicated at the bottom of each sub-section.

Maintenance and Support (Labeled Section 7)

HardwareSoftware

Vender Information (Labeled Section 8)

Company Financial InformationRelated Contracts Project Resumes and ReferencesProject Staff Resumes

Administrative (Labeled Section 9)

Sample ContractSample Hardware Maintenance AgreementSoftware LicenseSoftware Maintenance AgreementSoftware Escrow AgreementSub-Contractor AgreementsRepresentations and Certifications including Y2K

Appendices (Labeled Section 10)

Sample User ManualSample System Administration ManualSample Training HandbookSample Hardware Maintenance HandbookTypical Operations GuideOther Vendor Supplement

Cost Proposal (Labeled Section 11)

Contents of this Section are discussed in Section 11 of this RFP

Proposal Content Description: The contents of each one of these sections is described as follows;

Executive Summary: The Executive Summary should serve to familiarize KSOS executives and evaluators with the key elements and unique features of the proposal by briefly describing how the vendor is going to accomplish the task.

This section should be written at a business level and discuss the major or unusual resources and advantages the vendor can provide to the project. The senior management team and evaluators at KSOS will read this section.

The executive summary should contain the following:


An overview of the approach to the project includes a summary of the most important aspects of all sections. Any material presented in this section shall not be considered as meeting any technical requirement.

A master milestone schedule of all major efforts to be undertaken in the project. Dates should begin with a November, 2015 project start date.

A list of all exceptions taken to this RFP and the reason for excepting a requirement.

A list of high-risk areas that are reasons for concern such as schedule deadlines, incompatible technologies, or overly tight specifications. Any request to delete, change, or relax a requirement must be fully supported in this section. Vendors will not be evaluated on this paragraph. These concerns will be addressed with the vendor during negotiations.

A discussion of the vendor’s corporation and each subcontractor if any. The discussion shall include the following:

description of the organization, date established, legal status; a certificate of good standing from the state in which the organization is incorporated ownership (public, partnership, subsidiary, etc.); number of personnel, full and part-time, assigned to this project by function and job title; number of employees directly involved in election management system development and

implementation; number of election management system installations; location of the project within the vendor’s organization; organizational chart; corporate revenue for 2014 and projected for 2015; principal office address and phone number; local office address and phone number if different; name, business address and phone number of person responsible for proposal; name, business address and phone number of person responsible for day-to-day

operations of this project; list any litigation or ethical proceedings brought against your firm in the past three years; certification of liability protection (insurance coverage for libel, contract liability, errors and

omissions, and litigation).

Software Solution: The goal of this project is to provide KSOS with a Centralized Voter Registration System and Election Management System.

In this section describe your overall approach to this project, each of the software application tools to be employed, how they work together and the specific advantages of the solution set over alternative products. This discussion will include software architecture review and product features. Sample “screen shots” of the software in use within a solution environment will be very helpful to illustrate the working environment KSOS might expect. System Security should also be discussed. In particular, KSOS is interested in the use of digital certificates (signature) as part of the overall security in force. This is considered a step beyond basic SSL encryption. For bid purposes, vendors should be aware that Kansas has implemented a functional Public Key Infrastructure for the issuance of digital certificates.

This RFP was designed to allow the vendor to describe how their products will address the operational needs of KSOS to successfully comply with Help America Vote Act (HAVA) requirements and Kansas law. The basic components of this are discussed in Section 5 of this RFP. However, vendors are expected to be subject matter experts on the implementation issues for Centralized Voter Registration and Election Management that can be relied upon. Consequently, a detailed narrative of how you would deploy a solution that would deliver on the expectations of a Centralized Voter Registration System and Election Management System successfully is expected.

Vendors are encouraged to specifically cite advantages of their products compared to other products in the


market in particular where exclusive features or functions exist.

The Vendor will recommend the DBMS software to be used for this project.

For any third-party software proposed, describe how you plan to handle the integration of future releases of each third party product.

Hardware Solution: The Vendor shall provide a technical architecture and specifications on the hardware components to be provided along with representations of performance for your expectations of transaction load. Reference information for how the server platform will perform shall be provided for the configuration proposed. For example, a load of n users making transactions will require x seconds response time to complete the transaction. While we have not detailed performance requirements, we do want vendors to specifically comment on the performance expectation they will guarantee in the production environment for the hardware and software configuration they are submitting in the response. Proposals must provide performance expectations across a spectrum of system measurements including but not limited to;

Transaction time to add, delete or modify a registration Voter Identification Card production Data entry upon commit to database Record inquiry by voter identification number Record inquiry by voter name Identification of duplicate record during data entry transaction Performance of Scanners Performance of OCR/ICR application Standard reports production Database back-up Recovery expectations for system following an unexpected failure. Adequate capacity to support Printing of poll books along with all the other last minute

activities associated with an impending election.

Include a discussion of how the system will be integrated within the (Kansas Wide Area Network) KanWIN environment. Attachment 1 of this RFP describes the number of potential users and the bandwidth available to the county locations. Vendors must make a determination of the sufficiency of this environment as part of their response. Vendors should be aware of the demand their applications will put on the network and must advise KSOS of any changes needed as part of their response.

As part of your hardware platform discussion, include a discussion on how the system will be made fail-safe to avoid any single point of failure that would render the system unavailable. Vendors are required to deliver a system that is technically secured from outside attack and available 24 x 7 other than for scheduled outages for service and updates.

As an alternative, KSOS encourages vendors to provide a Cloud based alternative provided by either the vendor directly or through sub-contractor arrangement. In this instance, all of the performance metrics discussed above will still be necessary. Include a listing of all the components both physical and virtual that would be required to provide a fully redundant capability that is high availability especially during election cycles.

Professional Services: In this section, the vendor shall provide information organized into the following sections:

Project Management

The vendor shall present its approach and capability to control and deliver the system proposed. While the vendor may choose to use a methodology they are familiar with they must also review and comply with the requirements of the Kansas project management methodology during the course of the project.

The vendor shall describe the project organization structure, listing all key personnel functions. Consideration will be given to the named personnel and their placement in the project structure, title,


qualifications, and experience. The evaluation will include project staff experience. Consequently, vendors shall not include the resume of staff that will not be actively involved in the project. The project manager whose resume is included in the proposal will be evaluated and is expected to be available to the project. Changes to project management once the project has begun can only be made with the written approval of KSOS. In addition, supporting rationale shall be provided to show that the organization is adequate to support the overall effort and to justify the number and allocation of personnel involved.

The vendor shall present a master integrated schedule depicting all activities and milestones from contract award to installation and cutover. This section shall also contain a matrix that lists tasks and identifies the corresponding "owner." KSOS tasks shall be identified as well as those of any subcontractor(s). The thoroughness and clarity of this schedule will be examined carefully.

A proposed deliverables schedule which must be provided as a separate document in this section but reflects the master integrated schedule must also be provided.

Following the selection of a contractor, but before work is authorized, a series of project milestones and deliverables with corresponding payment events will be established. These deliverables must be completed work segments with a useful work product for which a payment can be made. KSOS will not award a contract in which hours worked is the basis of payment. Vendors are expected to have the financial strength and application knowledge required to identify a series of useful work products that lead to the completion of an operational system.

The winning contractor will be expected to account for project progress against dollars allocated for that particular milestone at any time at the request of KSOS. The vendor shall discuss how they will control the proposed schedule and how they will identify and report achievement of tasks and milestones. The vendor will also discuss how they will identify, resolve, and report resolution of problems such as schedule slippage, change of scope requests or engineering anomalies.

Vendors have the sole responsibility for ensuring any system developed and/or installed as part of this RFP is fully and adequately operational and can be easily maintained. This includes any technical expertise in any area needed as part of this RFP. Vendors are required to identify all resources they intend to request of KSOS. The type of staff (i.e., Network Administrator, Database Administrator, Application Support Staff) and the estimated number of hours of involvement shall be detailed. The size and type of physical space needed for work area, equipment staging, training, or other purpose must be identified. Any special provisions for remote access to the KSOS Local Area Network must be identified and the equipment required for such purpose priced if KSOS is expected to provide it. KSOS expects that the vendor will provide its staff with all necessary equipment required to develop the application solution and if necessary to attach such equipment to the KSOS network for test and development. KSOS expects it will provide no equipment other than that which is procured as part of this project or to support the components of this project. Any assistance provided by KSOS does not diminish the fact that the vendor has sole responsibility to ensure all systems hardware, software and components operate seamlessly, satisfactorily and properly.

Vendors shall describe their approach to formal review meetings with KSOS, the organization of the typical meeting, and methods for documenting and approving all meeting notes. In addition, a discussion of the approach to problem resolution and change order procedures is required. Given the project timetable, KSOS expects meetings should occur weekly either in person or by teleconference.

. Training

Vendors shall provide a detailed description of all education and training required for this project.

Vendors shall list recommended classes and identify KSOS and county personnel who should attend. This list shall contain a description of all classes, typical classroom environment, student/instructor ratio, and instructors' qualifications. List the locations of training centers available and discuss your ability to provide on-site education at a number of locations considered sufficient for training all users.


KSOS recognizes the value of live classroom training with instructors providing a greater percentage of the actual training versus audio-visual, computer-aided instruction, or self-paced instruction. Please identify all classes as to the type of instruction provided. Also discuss any ability to produce unique classes for this project, if so warranted. Pricing estimates for typical end-user application classes shall be provided in the pricing section.

Vendor shall provide one sample training handbook for evaluation. This handbook shall be placed in an appendix to the proposal and marked as such.

Training must be described and provided for System Administrator, Application Developer (for each component) and End Users. A sample User Manual and sample System Administration manual should be provided as appendices to the proposal.

Documentation

System documentation must be sufficient to allow a third party to maintain and operate the system, continue to develop additional functionality and upgrades to the system and provide new and ongoing user training. It must make good use of graphics and screen shots to clearly communicate functions and the user environment.

Response to Section 5 Background Information: This section which provides background information has Mandatory Bid Requirements at the end of each sub-section. You may respond to these questions or requests for commentary in this portion of your proposal or you may reference where your response has been made in the main proposal response.

Response to Section 6 System Application Requirements Checklist: This section of the RFP enumerates features and functions considered essential to CVR and EMS. Vendors are asked to respond to this section at the end of each subsection by affirming all of the functions will be supported within the standard product or not. For those that are not standard, please indicate by item number the function for which you have a functional equivalent or no cost modification that will address the need. Please provide an explanation on how you will achieve the requirement. Also indicate if the modification will become part of the standard product. Separately, list the item numbers of functions that will require modification for a fee that will be listed in the cost proposal. Exclusively identifying costs for these requirements will establish whether or not they will be exercised in the final statement of work.

Maintenance and Support: The vendor shall provide a detailed description of all maintenance activities; supply channels and parts depots; typical daily or monthly support activities; and the principle period of maintenance. The above must be supported with an organizational chart of the vendor's headquarters support operation, the proposed support organization for this project, and the escalation procedures for reporting problems. Additional requirements are found in Section 7 of this RFP.

Vendor Information: This section is intended to familiarize KSOS with the vendor’s financial background, history with performing installations with similar functionality required by KSOS and with the staff that will be assigned to the project including the project manager.

Vendors shall supply audited financial statements and other information necessary to establish the financial resources and stability of the performing organization.

Vendors should provide project resumes on any related contracts awarded within the last three (3) years. Three or more different customer references must be provided. Please include a synopsis of each contract and discuss its relevancy to this project and proposal. Referenced contracts may be arranged to demonstrate competency in functional areas. For example, Contract A may only be listed to demonstrate competency in Project Management while Contract B may be listed to show experience in a high transaction volume environment. Referenced contract must include the following information:


Customer name. Address. Type of business. Indicate project start and finish dates. Brief description of role in this project. Brief description of project including the hardware and software configuration. Contact information:

1. Name.2. Title.3. Phone number.4. Address.5. Hours available.

. Vendor should provide project team resumes for the staff that will be working on this project.

Administrative: Please provide copies of the following information as Section 9 of the proposal. • Sample Contract• Sample Hardware Maintenance Agreement• Software License• Software Maintenance Agreement• Software Escrow Agreement• Sub-Contractor Agreements• Representations and Certifications that no date related software issues will be found in

the software.

Appendices: Please provide copies of the following information as Section 10 of the proposal. Sample User Manual Sample System Administration Manual Sample Training Handbook Typical Operations Guide Other Vendor Supplement

SECTION V - BACKGROUND INFORMATION

Overview of Kansas IT Environment:

The Kansas Secretary of State is the Chief Election Official in Kansas. In this capacity, the Secretary is responsible for fulfilling the requirements of the Help America Vote Act (HAVA). United States Public Law 107-252, requires every state to implement a single, uniform, official, centralized, interactive, and computerized statewide voter registration list defined, maintained, and administered at the state level.

For the past ten years, this has been interpreted to mean that a single database (with redundancy and failover provisions) is established and maintained on a secure and fault tolerant hardware platform(s). The system is accessed by authorized county election officials through a secured network and continue to be responsible for voter registration and election management activities.

Mandatory bid requirements for Section 5.1

Review and address federal and Kansas election law and state the vendor’s ability to support or not support any requirements of these laws.

Organization


Kansas is a Midwestern state with 105 counties. Each county has a county election officer: in the four most populous counties (Johnson, Sedgwick, Shawnee and Wyandotte), there is an election commissioner appointed by the secretary of state; in the remaining 101 counties the election officer is the county clerk, who is elected to a four-year term in a countywide election.

All county election offices are staffed, equipped and maintained by county government. County election officers conduct all official elections provided for by state law with limited oversight by the secretary of state, who is officially designated by law as the chief state election official.

There are approximately 626 incorporated cities in the state ranging in population from fewer than 100 to more than 300,000. Each is classified as 1st, 2nd or 3rd class. Cities do not conduct their own elections, although they have certain peripheral duties as specified in law. The county in which a given city resides is responsible for managing municipal elections.

The voting population of Kansas is heavily concentrated in the eastern portion of the state with Kansas City metropolitan the most populous. There is a heavy concentration of population in the western portion of the state centered on Wichita.

In addition, each of the counties has a number of other jurisdictional elections that are held including but not limited to;

Water and drainage districts School Boards Libraries Recreation Township

Mandatory Bid Requirements for Section 5.2

Indicate vendor’s ability to train and support the county election officials throughout the state.

Current Systems

The 105 counties in Kansas have used the Election and Voter Information System (ELVIS) for the past ten years successfully. They have a variety of voting machine types for casting ballots. Each county selects and purchases its voting system from a list of systems certified by the secretary of state.

Although some counties may have updated their equipment recently, the following voting systems are in use in Kansas:

3 counties use electronic1 Diebold DRE touch screen2 MicroVote DRE

81 counties use optical scan21 Diebold precinct count8 Diebold central count9 Election Systems & Software precinct count43 Election Systems & Software central count

21 counties use hand counted paper ballots

KanWIN is the KANsas Wide area Information Network, a router-based wide-area data network spanning the state of Kansas in support of state and local governments, K-12 schools, and other not for-profit organizations.


The KanWIN wide area network is facilitated using AT&T’s Virtual Private Network (AVPN). This network is a cloud based design with multiple connection points into the AVPN network. This provides for redundancy to ensure the availability of the network cloud. OITS (Office of Information Technology Services) connects to the AVPN network using dual collector circuits in geographic dispersed locations allowing network traffic to flow in/out of the KanWIN network. Dual Internet connections exist in Topeka providing Internet service to all KanWIN sites. Each Internet connection is provided by a different vendor and configured to support distributed traffic between the connections with automatic failover to ensure high availability. There are over 500 customer sites connected to the KanWIN network that enable computers and people to exchange data across Kansas and the world using the TCP/IP, and IPX protocols. Network traffic for KSOS is logically separated from other agency traffic providing a secure transport layer for connectivity to all county election officials throughout the state and will be used to accomplish connectivity to the Centralized Voter Registration system by county elections staff, to provide data feeds back to county EMS and between state agencies and CVR for information such as driver’s license, felony convictions and death notices.

Mandatory Bid Requirements for Section 5.3

Review the data connection feeds to the counties to establish sufficiency. Identify deficiencies or prepare an alternative topology that would delivered by vendor as part of a Cloud based service.

IT Governance in Kansas

This section explains the state government IT governance structure. In 1998 Kansas passed KSA 75-7201-12. This legislation along with formal rules and regulations are controlling for all three branches of State government. The legislation is not controlling on local units of government. For more information on this topic go to http://oits.ks.gov/kito/

ITECInformation Technology Executive Council (ITEC): State government IT policies are set by ITEC. This 17-member Council has private sector and public sector senior members. The Council is responsible for the state’s IT Enterprise Architecture. Bidders on this RFP must agree to deploy technologies that are compliant with the current and emerging standards presented in the release of the state architecture at the time of award. Bidders must agree to remain compliant with all updated releases of the state architecture during the course of the contract. Bidders must also agree to comply with the State's project management standards. Due to security concerns, however a copy of the current state architecture will only be available on file for vendors to review at the Department of Administrations Division of Purchases (900 SW Jackson St. Room 451; Topeka, KS 66612 ).

SIM PlanState Information Management (SIM) Plan: ITEC is responsible for the oversight of the State's long-range IT plan called the State Information Management (SIM) Plan. The SIM Plan has a five-year perspective. It contains the major e-government initiatives for the state. Bidders are strongly encouraged to review the current SIM Plan and propose projects in the plan for development in the bidder's RFP response. The SIM Plan initiatives are very important to the state. Copies of the SIM Plan and ITEC Policies are also available at accessKansas.org under Government within the Kansas Information Technology Office. (http://da.state.ks.us/kito/)

ITABInformation Technology Advisory Board (ITAB): ITAB consists of the IT Directors of each State agency and has associate members such as state agency auditors, open records officers, and security technologists. ITAB is divided into committees. The Advisory Board meets monthly and the Board chair is the Chief Information Technology Officer for the Executive Branch.

KITOKansas Information Technology Office (KITO): The office consists of senior IT professionals who serve as staff to ITEC and support for the Chief Information Officers of the three branches of State government.A Chief Information Technology Architect directs the office. In addition to preparation of the SIM Plan, IT architecture, Project Management Standards, and ITEC policies, the KITO office prepares an annual summary agency budget and planning report. The report contains information about state IT resources, staffing, budget, and projects. The report is available at accessKansas.org under government within the KITO office. Hardbound copies also are also available in the Division of Purchases. (http://oits.ks.gov/kito/)


CITOChief Information Technology Officer (CITO): Each branch of government (Executive, Judicial, and Legislative) has a CITO to represent the branches in state IT deployment. This officer is responsible for, approving all IT projects with budgets exceeding $250,000, implementing agency 3 year IT planning processes, and approving all bid specifications exceeding $250,000 for IT in their respective branches. The CITO's are members of ITAB and also members of ITEC. The Executive Branch CITO is responsible for maintaining and reporting bi-monthly on the status of IT projects with budgets in excess of $250,000.

Security CouncilSecurity Council: The state has a Security Council staffed by state auditors, security officers, and emergency management professionals. To ensure the state can properly respond to emergencies including cyber terrorism as well as natural disasters.

JCITJoint Committee on Information Technology (JCIT): Legislative Oversight: Kansas has two committees of the legislature that focus primarily on IT. JCIT typically meets monthly from June through December of each year. This 10-member committee is comprised of five Senators and five House Representatives. The JCIT has oversight responsibility for state government IT. This oversight includes review of bimonthly CITO project status reports, planning initiatives, and IT deployments as specified by law. JCIT uses staff from Legislative Research as well as Legislative Services.

OITSThe Office of Information Technology Services (OITS) provides the state's voice, data, and video telecommunications network. The data network has over 730 routers and 8,000 active switched ports. It interconnects state agencies and the network has presence in all counties and major cities in Kansas. OITS also provides data centers that are shared among the state agencies. These data centers include mainframe MVS as well as Sun Solaris platforms. OITS also serve as a backup repository for operational systems or data. There is a network control center available at OITS around the clock to handle network problems and repair activities.

Mandatory bid requirements for Section 5.4Review and address the Kansas IT Enterprise Architecture and indicate your ability to comply with it during the life of the contract.Review and address your ability to comply with State Project Management Standards and reporting requirements.Agree to comply with applicable ITEC policies.Agree to adopt Control Objectives for Information and related Technology (COBIT) standardsIn the bid response, submit a Disaster Recovery Plan outline as Attachment 1.Provide information concerning your ranking within the SEI Capability Maturity Model (CMM) if available.Provide information concerning the firm’s efforts at adopting quality control methodologies for software development.

Overview of Project

KSOS is aware that excessive specifications result in expensive and hard to maintain systems. The goal of this project is to meet the requirements of HAVA for a Centralized Voter Registration (CVR) system. It is understood that this is generally a core component of an Election Management System (EMS) that has a variety of other functions necessary to county election officials to succeed in their missions.

Where achieving the requirements of a CVR to fulfill HAVA was the agency's major goal ten years ago with election management functions a secondary goal, the major goal of this re-competition is to continue good CVR performance while dramatically improving our EMS functions. KSOS specifically does not desire an expensive custom built solution that would require large support staffs or costly maintenance and support agreements. The cost evaluation of responses will be based on a ten (10) year system life cycle and will include maintenance and support as part of the evaluation. Vendors are cautioned to provide economical solutions for the most needed functionality and to avoid exotic features or functions. If such features or functions have been called for in this RFP, vendors are encouraged to point them out and note the impact on cost they may have.


Detail goals and objectives

The goals of this project are to:

Secure a single statewide voter registration and election management system that meets or exceeds current system capabilities and that meets federal requirements.

Improve the accuracy of voter registration records by enhancing the abilities of the counties to verify legitimate voter registrations, identify unqualified voter registrations (under the National Voter Registration Act of 1993 guidelines), change or purge incorrect, duplicate or inactive voter registrations, archive obsolete data and report valid voter registration information as required by law.

Provide for downloads or extraction from other agency databases the required data for online access for registration verification duties.

Create standardized registration process through consistent use of best practices in the use of CVR. Enhance county and KSOS abilities to provide real-time voter registration and election information. Ensure the system is compliant with Kansas and Federal election laws. Provide a high level of security to prevent unauthorized access or nuisance attack. Provide a high availability environment with a minimum of downtime (system availability should be 99.99

percent or better). Enhance the state standard Voting XML specification for use in transfer of data by and between systems.

Services to be Provided:

KSOS desires the turnkey implementation of CVR and EMS. Vendors are expected to provide all necessary hardware, software and professional services to accomplish the effort. In addition, maintenance and support for a period of ten years is anticipated.

Enhancement of the XML specification when necessary for data interchange between county systems, state systems and the CVR along with efforts to provide conversion of existing data to the new or updated system secured under this procurement.

Installation of all hardware and software necessary to operate the system is required. As an alternative, Cloud based services are encouraged. Where a Cloud offering is made, vendors should discuss alternatives where the state's network is employed or the Cloud service provides end to end connection in a highly secured environment.

Deliverable:

As part of the project management plan, vendors are to provide an itemized listing of deliverables that will be made step by step leading up to a finished turnkey environment. This listing should be consistent with the detailed project plan and deliverable schedule that will be provided in vendor’s project management plan.

State Resources to be Provided:

Vendors must identify what if any resources will be requested of KSOS other than reasonable access to appropriate staff members during the project. It is anticipated that most of the work following detailed requirements review and project design will take place at the contractor facilities. Some work space may be available at KSOS but space at this location is constrained.

Timeline:


As part of the response, vendors must provide a detailed project plan that presumes a November 2015 start date and continues with full implementation including training of all staff and full production operations.

SECTION VI - SYSTEM APPLICATION REQUIREMENTS CHECKLIST

Overview

The following sections discuss the requirements of the overall system by components. It is anticipated that some counties may opt to continue use of their existing systems for election management functions outside the registration functions. Such counties will have to populate their election management applications from the CVR when appropriate prior to an election cycle.

For those counties that do not have an existing application or for counties that may desire to change systems this procurement includes a requirement for election management functions.

The following sections enumerate functional requirements desired by the selected system. In responding to this section vendors are asked to affirm that their application or purpose built work product is capable of providing the function described. In your response to each section please only note those functions by reference number that cannot be supported or that could only be supported with additional customization. If your application offers alternative functionality that provides functional equivalency then describe the option in your response. In your cost proposal you will be asked to provide a price for each item that requires customization.

Centralized Voter Registration:

The basic requirements of the Centralized Voter Registration (CVR) system are that it provides a single, uniform, official, centralized statewide voter registration list for all counties and the Secretary of State’s Office as required by HAVA. It must be a centrally administered computerized list that contains the name and registration information and registrations status of every legally registered voter in the state. It must ensure that names of each registered voter appear on the computerized list, and that duplicate voter records are identified on a real time, interactive basis. It must also ensure that only voters who are not eligible to vote are removed. It must be capable of assigning and maintaining a unique voter identifier number for each registered voter.

a. Have verification and query capabilities with other counties and state agency data.b. Include digitized electronic signature image storage and retrieval capabilities.c. Enable immediate electronic access to the central system by state and local election officials.

Immediate access is interpreted to mean that the system operates in real time.d. Include technology support to local election officials as required to enable them to enter data on an

expedited basis at the time the information is provided to the local official.e. Be protected by adequate technology security measures to prevent unauthorized access.f. Provide the functionality typical of voter registration and election management systems.

a. Address library management, returned ballot processing, advance voting management, and petition checking

b. Pull down menus and pick listsc. A robust report library, ability to generate custom reports and on-line inquiry capabilitiesd. Be intuitive and user friendlye. Provide context sensitive help f. Well organized and easy to use training and user manuals. g. Ongoing, responsive technical support.h. 24 x 7 system availabilityi. Have the flexibility to handle changes in State and Federal election laws.


Specific detailed requirements are found in this checklist. After each section, vendors may identify elements that are not currently provided in their solution but will be for additional cost or cannot be provided. Each item that requires modification to comply or cannot be provided must be identified by number. If additional cost is required for a given line item it must be identified as a line item by number in your cost proposal. This allows the agency to make line item determinations of whether or not the additional cost is worth the investment.

CVR: Data Entry Requirements

The system must provide the following functions relative to data entry all data elements should be available in all modules of the system (CVR and Election Management):

Provide for index fields as follows;

First nameMiddle nameLast nameSuffixPrior/Alternate NameHouse NumberDirectionStreet NameSubdirectionStreet typeApartment/Suite numberCityStateCountyZip codeZip + fourMailing address 1Mailing address 2Mailing cityMailing stateMailing zipZip + fourLast four digits of social security numberPrior State RegistrationDate of ResidencyParty Affiliationemail addressProof of Citizenship (by type)

PassportBirth CertificateMilitary ID

Phone Number HomePhone Number DaytimeVoter Status Code“See text notes” indicatorDriver License NumberInactive designationSuspended designationDate of birthSexOriginal date of registrationRecent date of registrationRegistration sourceVoter history

Method of Vote Location of Vote

City/townshipWardPrecinctSenate districtRepresentative districtU.S. Representative districtUnified School DistrictState Board of Education districtWater DistrictDrainage DistrictJudicial District numberAddress restriction fieldUnique Voter Registration IDRegistrars IDVoter Assistance Required


a Provide a field to indicate federal form to facilitate tracking this information.b Ability to search a field without worrying about capitalization when searching for duplicates. (ie. In order to search

for “McPherson” be able to type “mcpherson” or “MCPHERSON” or any combination of the two. Simply match on letters rather than exact capitalization.

c Provide an index field that can show “role” or some similar term to indicate standing such as Election Worker, Elected Official (with office they hold) or Candidate (with office sought).

d Provide an index field that captures the registrants naturalization number when needed. e Provide an index field to indicate proof of citizenship has been submitted and what type of proof was provided. f Allow for both an original date of registration to indicate the first registration date and recent date of registration

date that would indicate when the record was updated.g Provide field for Geographic codes be added to the system. h Provide a signature check box.i Provide a UOCAVA (Uniformed and Overseas Citizens Absentee Voting Act) field with a reason code to avoid

having to run multiple reports to determine breakdown of UOCAVA. j Allow for attachments such as .pdf, .jpg, .png

2. In addition to the above data fields a provision for text notations. Each annotation would persist until deleted. Please identify the size of this field and the number of notations for each registrant possible in your response.

3. Each data field should have edit rules to ensure data accuracy and consistency.

4. Ability to support multi-value fields where each part of the field is searchable.

5. Provide drop down lists of valid entry options in appropriate fields such as party affiliation with an ability to hide or delete non-valid entries.

6. Information about voters who require assistance must be available and highlighted.

7. Permanent advance voter flag or beginning and end dates for use of advance ballot address. This flag should persist when a voter moves across voting jurisdictions.

8. Notification upon entry of an invalid address.

9. Generate a unique identification number for each registered voter either in batch mode or during an individual real time registration.

10. Allow for voter registration in advance of that voter’s eighteenth birthday and then automatically activate the voter for any election in which they will be eighteen. This provision must be applied to any system function that may be performed in advance of an election day. It must also be active on transfer to e-poll books that are pre-loaded for election day.

11. Allow for a confidential record locking function to provide special security parameters to a particular voter record.

12. During data entry provide real time “look-up” against pre-existing validation information such as driver license information captured from DMV and automatically check for duplicate information against name, address, 4 digit SSN, date of birth and driver’s license.

13. During data entry automatically provide real time “look-up” against disqualified voter file that includes federal or state felony convictions, legally incompetent or deceased records. Reason types should be easily removed or added to reflect current law.

14. Automatically assign voter to the correct district and precinct when the voter’s residence address is entered.

15. Allow an authorized user to modify a record and make a transaction in a record history file of type of change, who made the change and the date of the change.

16. Provide information on how the system will be set up to minimize keystrokes and make data entry as simple as possible. In particular, provide an ability to tab between fields rather than having to use mouse cursor to select a field.


17. Dual data entry with comparison to identify errors in data entry must be supported.

18. Ability to lock CVR for a given county or district upon issuance of ballot until a period of time after the election is completed. Allow for multiple election books closed at the same time within the same county. Provide an alert for locked CVR but also provide a process to unlock.

19. Provide ability to merge data from separate voter records into a single registration record for an individual voter and maintain an audit trail of the event. Also allow for an “undo merge” where errors were made.

20. Provide custom flags on a voter registration record identified by source such as county election authority, motor voter, private registration drives or other recognized sources. Also allow for hiding, dimming or deleting invalid sources.

All functions listed will be supported; Yes __ No __ Yes, with exceptions noted below __

Items below require modification of the application or special development for no additional charge;

Item Number Solution alternative or description of modification to be made

Items below require modification of the application or special development for additional charge;


CVR: Digital Scanning and ICR Capture Requirements

The system must provide digital scanning capabilities to capture images of voter registration forms and signatures. Optional characteristics include the ability to interpret hand written information into ASCII characters through the use of Intelligent/Optical Character Recognition (ICR). The following functions are required;

21. The capability to scan individual document or batches of documents at a rate of at least 50 pages per minute in simplex scan mode (provide scan rates that can be supported). (Assume 5 X 8 and 8.5 X 11 sized documents) Also provide ability to receive faxed forms directly into the imaging function.

22. Ability to receive email into the system would be a useful addition along with attached files such as .tif, .jpg, .pdf, and other file types is needed. 23. Batch management functions to ensure any batch of captured images is fully processed and to allow batch management on a first in first out or batch select order. Batch information should include batch number, date and time scanned or scan operator should all be saved to audit trail.

24. Track a scanned image to the physical paper batch it was scanned from.

25. Ability to present expanded view of “field by field” portions of the document image during data entry from image.

26. Ability to store and manage document images at each local registration authority with the capacity to use digital images.

27. Ability to extract signature field(s) from voter registration forms for use in production of voter registration cards and poll check-in books.

28. Optional (please provide pricing in the cost proposal) ability to interpret certain data fields into ASCII text by use of intelligent or optical character recognition software. For scope purposes the vendor should presume a single voter registration form type will be used.


29. Optional ability to adjust “confidence” rating of interpreted fields for use in defining error correction identification for data validation.

30. Optional ability to provide error correction after ICR at the field level by displaying the field where an error is suspected as a zoomed in field with questionable characters highlighted in contrast to characters for which there is confidence.

31. Provide a transaction log that includes, but is not limited to, the type of transaction made and who made the transaction. The system must also retain all transaction history showing what fields changed.

32. Allow for use of bar code for such functions as specifically identifying documents that may be sent to a voter and returned to an election authority. Once arrived the bar code would be recognized and complete a process automatically in the system. An example might be an advance voter request form that is bar coded at the time it is printed. Once returned and scanned into the system the bar code will be recognized and automatically update the system with the information that the form has been returned without need of manual data entry. Bar codes might also be used to serve other functions such as “break sheets” to segment scanning batches.

33. Provide for the optional storage of document images relevant to a county to be stored on a server local to that county while also replicated at the state server.





CVR: Address File Management

The following requirements are for managing address information to ensure accurate voter registration information is maintained.

34. Provide alpha numeric unit designations.

35. Allow users to flag an address or block of addresses to prevent use for registration, such as business addresses.

36. Ability to mass move voters in a street range from one district or precinct to another while maintaining history of previous district or precinct.

37. Provide an ability to import street files from GIS into the system in order to define lines and integration with GIS to provide graphic representation of street file, precincts and districts.

38. The system must provide a standard method for definition and storage of street file information with notification that street segment has changed.

39. The system must allow an easy to use means to;

a add new streets and valid street rangesb modify existing streets and street rangesc extend an existing street ranged delete existing streets and street rangese move groups of street addresses from one political unit to another political unitf print various reports with alternative sort ordersg update voter records in batch for zip code changesh add a new address

40. Automatically assign a voter to the correct precinct and districts based on address.


41. Provide the ability for users to define an address that is not standard such as rural address, homeless location etc.

42. Provide a thesaurus for street names.

43. Allow for searches based on partial names with a wild card function or soundex tool.

44. Prevent unauthorized deletion of a street location as long as any voter is registered to that street.

45. Must process addresses accurately (including assignments to precincts) in those situations in which a highway, road, or street is on or forms a boundary between two districts, with addresses on one side of the road being in one district (known by one street name) and addresses on the other side of the road being in the second district (know by the same or different street name). This accuracy shall extend to the conversions of existing address libraries and addresses by the vendor from county systems to the statewide voter registration system database.

46. The system must provide the ability to generate custom reports and ASCII-formatted files of the entire street and address file and user- specified subsets of the entire file (such as all addresses in a precinct, state legislative district, or city).






CVR: Outputs & Exports

47. Ability to create a PSR (Public Service Request) template for standard fields that can be saved to minimize wasted time in repopulating each time a PSR is submitted for common requests.

48. Ability to create PSRs to produce by age instead of birth date to avoid privacy concerns

49. Include output types such as .xls & .csv as options.

50. Ability to create walking lists and indicate whether someone is active, inactive, or in suspense.

51. Ability to set “default” selections in PSR and to copy previous PSRs

52. System should be capable of generating on demand or automatically (output files as .xls or .csv or .xml)a. Voter registration cards with a signature representation of the chief election officialb. Confirmation letters/cards with a signature representation of the chief election officialc. Notice of Disposition with a signature representation of the chief election officiald. Poll bookse. A-Z listings that can be user defined as alpha ranges such as A to C or M to Qf. Walking lists with flags for active, inactive and suspendedg. Mailing labelsh. Mailing lists by zip codei. Advance voter listj. Operational statistics at each county locationk. Ability to generate an NVRA report by county and aggregated for the state on a scheduled basis


l. Allow for a voter list supplement which is a listing of voters who voted subsequent to the production of a poll book.m. Provide for EAC bi-annual data reportn. Letter templates for items such as proof of citizenship noticeo. Letter template for party affiliation rejection notice that shows prior registration.p. Output for E Poll Books






Election Management System:

EMS: District and Precinct Files

53. The precinct and district modules must provide ability to add, delete, update and copy for ease in creating new precincts and districts.

54. Ability to exclusively identify a precinct and its relationship to districts within it and to add, update and delete as necessary.

55. Contains up to date Vote Tabulation District (VTD) numbers and assures precincts are properly maintained and in accordance with state laws.

56. Ability to define contests related to districts, and whether partisan or nonpartisan for election purposes.

57. The system must allow the user the ability to assign the order in which districts would appear on the ballot.

58. Provide for look up on districts, City, township, ward, precinct and precinct parts by user-defined criteria U.S. Representative, senate, house, state board of education, judicial, unified school district, school member district, city council/commission district, drainage, improvement, VTD number.

59. The district and precinct files/tables must be available to voter registration, district and ballot management components of the system.

60. The system must have the ability to establish individual election districts, which assign the applicable precincts/parts that qualify voters to vote in a specific election.

61. A capability to identify all associated precinct combinations associated with specific districts (i.e. splits, parts, etc.)

62. The precinct and district modules must have report and exporting capability with user defined and predefined sorting options.

63. The system must provide the ability to generate custom reports of the entire district and precinct file.

64. When processing street file changes, allow Notices to be generated for all voters affected without having to individually select each voter to be notified.







EMS: Election and Ballot Management

65. The system must have the capability to enter the candidate qualification requirements for each type of position the local election authority conducts elections for (i.e. correct party, filing deadlines, etc.).

66. Provide a candidate module that provides;

a. Nameb. Addresses (three)c. Phone numbers (three)d. email addresse. Websitef. Party affiliationg. Running mateh. Mailing labelsi. Verification of qualificationsj. Filing fee with payment statusk. Ballot cityl. Office soughtm. Election typen. Campaign finance report deadlineo. Notification of any change of address by a candidate after filing for an election or after having been elected to office p. Citizenship statusq. Number of votes received

67. The system must allow the users to enter candidate information once and provide the ability to have that information parsed out to each identified local election authority and/or district.

68. The system must notify the user if at the time of setting up the candidate file for each election, the candidate does not meet the qualification requirements. The user will have the ability to override the alert.

69. The system must allow the user to create, track and store information for multiple and overlapping elections.

70. The system must allow the user to query an election by name, year or type.

71. The system must allow the user to add a new election with all data associated with a particular election such as election name (at least 30 characters long), election date, close of registration, hours the polls open/close, start/end of ballot issuing, advance voting, whether a partisan election producing separate party totals, ballot types and specific reports, type of election such as special, primary, general, recall, mail ballot, or test. Retain the ability to modify election code, name, etc after creation of election. larger field for naming elections is needed.

72. Allow authorized users to find, update and delete elections.

73. System should provide candidate module information in the voter module for a single view of a person.


74. Provide reports specific to a defined election.

75. Provide an ability to easily select the applicable districts specific to an election.

76. Allow copy of election set-up information for current elections.

77. The system must provide the ability to import and export election set-up information.

78. Provide an indicator showing the candidate is on the ballot through paid fee or petition, with a link to petition module if qualifying by petition.

79. The system must provide the user the ability to add, update and delete contests specific to an election with the ability to assign a specific order to appear on the ballot.

80. The system must provide ability to set up a master candidate file that defines all districts and related election contests, such as district names, position numbers, terms of office, number of candidates to vote for amount, partisan or not, etc.

81. Ability to easily select the applicable contests in a district for a specific election.

82. Automatically assign ballot type to voters based on specific districts assigned to an election.

83. The system must determine the layout of the ballots based on user-defined criteria, with the ability to determine manually assigned contest placement.

84. Provide a function to determine the quantity of ballots necessary for an election based on user defined selection criteria.

85. Provide the ability to remove an election from the current production tables and archive that file.

86. Provide the ability to run candidate labels from specific election contests.

87. Produce a report that outlines the ballot types assigned to an election, with the applicable districts to each ballot type.

88. Provide the capability to produce a report that outlines each ballot type with the applicable ballot pages assigned to each ballot type.

89. The system must record in the voter’s record the dates of application for advance ballot, issuance, replacement and the date the ballot was received recorded in the system and allow for this information to be tracked for multiple ballots for the same person.

90. Provide an audible and visual notification and/or a batch report notification to the user if a voter has already been issued a ballot.

91. Provide a flag or other notification to indicate the issuance of an additional ballot(s).

92. Generate a warning when updating registration during books closed period and when updating party during the period when Party Changes are prohibited.

93. The system must allow set up and generation of the required ballot styles of any type of election at any jurisdictional level.

94. The system must provide the ability to record in the voter’s record date advance ballots are mailed, with the option of processing by individual record or batch.

95. The system must record in the voter’s record the dates of all ballot activities for each election including the date the ballot was returned.


96. The system must have the ability to generate ballot styles and apply those styles to the appropriate voter records, utilizing district and precinct tables.

97. Must track form submission deadlines.

98. When printing labels or applications for advance voter, print the ballot style on the label or application.

99. Flag and prevent printing a label or application for an advance voter that has already voted.

100. The system must provide an audible and visual notification to the user when more than one ballot has been returned by a voter for the same election and provide a means to prevent multiple ballots from being sent to a voter.

101. Generate reports of ballots applied for, issued, replaced, received and not returned.

102. Provide the ability to read bar codes on returned ballots (during scanning or with other reading device) and update returned ballot data record in real time.

103. Provide the ability to batch scan and update records for ballots returned as undeliverable.

104. Provide ability to track ballots with regard to status, condition, arrival type and assistance provided along with a field to indicate federal categories.

105. The system must generate ballot styles based on residential address and election districts and record the assigned style on the individual voter record.

106. Generate the correct ballot style based on address updates.

107. Provide on demand print of individual address labels of a registered voter or applicant whose record is displayed in the current window with a single click.

108. Provide file extracts to enable envelope printing by third party printing service.

109. Produce household labels based on user defined address criteria.

110. The system must provide the ability for users in 105 election authorities to enter and store indications of voter activity.

111. The system must provide a batch management and reporting tool to account for all ballots in a batch and individually, such as identifying duplicates and spoiled ballots.

112. The system must be able to identify, in the poll book, voters who have returned advance ballots at the time poll book is printed and identify first time voters who registered by mail, DMV or other means.

113. The system must provide the capability to locally generate a report that lists all voters who submitted more than one ballot in a specified election prior to assigning voter credit. It must also check for conflicts and identify what the conflict is rather than just noting a conflict exists.

114. Generate for each local election authority a report that lists all voters whose ballots were returned as undeliverable.

115. Provide a “publish to the Web” or a mobile application function for a sample ballot for each district.

116. Optionally provide a Web query that uses information such as voter name date of birth and address to produce a sample ballot and voting location information.

117. Optionally provide a Web query that shows a sample ballot and poll location information based on address input only.


118. Allow for multiple “books closed” dates and districts simultaneously for elections which have overlapping close of registration dates.

119. Provide for local elections performed by mail with personalized ballots and ballot return management.






EMS: Election Workers

120. Provide for a database of potential poll workers.

121. Ability to enter the nine-digit SSN to be used for election workers payroll identification. Provide suppression of this field for all but the highest security access.

122. Provide functions to support management of election workers in individual county election offices without regard to their voter registration status.

123. For each county, provide secure management and reporting of valid pay rates and mileage rates for election workers in an election.

124. Provide fields for worker schedule availability, location(s) assignment, preferred tasks, previous ask assignment and special accommodations required and job performance assessments.

125. If election worker information is modified on either the voter registration or the election worker modules the alternative module should automatically update.

126. Allow for non-qualified electors to be listed as election workers and allow people in suspense to work if the reason is “underage”.

127. Maintain training status information of election worker.

128. Provide a text field for free form entry of information. Please indicate the size of field that will be provided. (500 characters or larger)

129. Ability to automatically generate poll worker confirmation letters with assignment information.

130. Generate a “do you want to work” letter with bar code identifier to auto capture response information.

131. The system must provide a local elections billing worksheet, which gives calculated election costs per district.

132. Produce compensation files on demand for transmission to local election authority payroll systems for processing.

133. Ability to identify all election workers within a specific distance of a polling place-possible GIS integration.

134. Ability to define and modify all election worker related functions by individual election.


135. Ability to add information to the election worker record that does not affect the associated voter registration record, but automatically update election worker information when the associated voter registration record is updated (and provide a notice that the record being updated is an election worker) i.e. one way update from voter registration record to election worker record, not the other direction.

136. Multiple user defined customizable fields in the election worker module to allow each county to input data specific to their needs. These fields should be available for export in reports.

137. Election worker reports that are exportable that include all election worker information for a specific election (i.e. work history: contact information, all phone #s, email, election availability, attendance/performance/location/position record by election).

138. Ability to generate election worker Notices of Appointment with all necessary information for an election worker for an election cycle (ADV and ED assignment, training assignment, PP contact information, supply pickup information).

139. Ability to generate election worker Notices of Appointment individually or by date range of assignment, instead of always generating notices for all assigned workers every time you generate notices.

140. Inclusion of all election worker contact information on Payroll and Staffing Assignments reports.

141. Addition of a cell phone # field for Election Workers (eliminate fax #).

142. Ability to denote preferred contact method for Election Workers and allow this to be included in reports and exports.

143. Ability to view all election worker party and voting status information when assigning election workers.

144. Ability to track late/tardy, attended, did not attend, canceled with advance notice.

145. Ability to add User Defined Election Worker requirements for election worker positions (i.e. typing skills) with the ability to include this information in exports and reports.

146. Allow for rich text formatting of all Notices and allow a “preview” option prior to Notice generation.

147. Ability to mark an Election Worker record as “inactive”, or “archived” for people who will no longer be working but the election worker record will be maintained for future reference. Allow for exclusion of these Election Workers from all exports and reports.

148. Ability to assign alternate/standby workers for a polling location or area.

149. Provide a performance rating system for election workers to track quality of work

150. Tracking of all user events in the Election Worker Module like the activity record in the Voter registration record.

151. Payroll system that tracks FICA taxes that can be exportable into county payroll system

152. Ability to assign a County Employee ID in file for each worker

153. Integrated mapping tool showing poll workers in polling place vicinities

154. Online tools for election worker training, staffing and scheduling

155. Election worker notices that include all assignments, training, contact info for polling location, other workers assigned to sites for Supervising Judges, on notice flag indication if working outside home polling location.

156. Ability to mass email all notices and reminders


157. Produce payroll sheets with election worker oath on them, must include preferred contact information for each worker.

158. Ability to send notices in batches by date of assignment






EMS: Petition Management

159. Check signature utility that allows quick access to signature file and a function for “group display” of signatures for same or similar names entered.

160. Automatically maintain the count of validated signatures amongst a group of validation workers and then broadcast a message when enough signatures are counted.

161. Must be capable of managing review of multiple petitions.

162. The system shall provide authorized users with the ability to set up initiative, referendum, candidate petitions for use in verifying petition signatures.

163. The system must provide the ability to set up a petition for the checking process that will include at a minimum the petition number, a brief text description of the petition, number of signatures submitted, number of signatures required, petition received date, circulation start date, circulation end date and the valid jurisdiction for that petition.

164. Provide the ability to assign a unique identifier for different types of petitions (local election authority, city, district and state).

165. The system must use the built in timelines to generate a tracking schedule, process checklist and petition signature sheet as needed.

166. The system must provide the option to enter chief petitioner information (name, address, phone).

167. The system must provide the ability for checking for duplicate signatures and provide an audible and visual notification when duplicate signatures are found.

168. Provide the ability to set up standardized signature rejection reason codes.

169. Provide the ability to accept or reject signatures during the verification process with a way to record the reason for rejection.

170. Provide the ability to view the date of registration, name, address, signature, registration status (active, inactive) the effective date of the signature and qualified district for petition signers and candidates by petition along with an alert if address has change since the petition was signed to make sure it is valid.

171. Provide the ability for users to enter the line number of the last “good” signature for each sheet and line numbers of blanks and crossed out signatures.


172. The system must allow users to record in a registered voter’s record indicating that the voter has signed a particular petition and provide the ability for users to enter the petition page number and the page line number of the voter’s signature on a petition. The system must indicate if the voter has already signed the petition by screen prompts to the user.

173. The system must have the capacity to manage up to 10 petitions per race for each county.

174. Provide the ability to search by address to validate signatures.






EMS: Polling Place Management

175. Provide voting equipment file including equipment status, current location, location for storage, last election used, and maintenance history and chain of custody. Allow for user defined fields and ability to export the information. All reporting should be provided in real time.

176. Provide a customizable supply inventory report.

177. Provide audit reports by asset ID and polling place ID.

178. Track supplies requirements for each site.

179. Allow for upload of site photographs, map location, election layout diagram, directions to location.

180. Generate delivery manifest for a given site listing all supplies and equipment required with optional recommended configurations base on election type. For example, national election requirements for a site will be different than for a school district election.

181. Track all purchasing information including but not limited to;a Source vendorb Source vendor contact informationc Last purchase priced Make/Modele Replacement Make/Model

182. Provide polling place and potential polling places information including but not limited to;

a. Name, address, phone numbers, contacts, ADA compliance, power outlets, parking, contracts, temporary use, lights, ramps, chairs, tables, handicapped signs, special instructions, cost/payment, mailing labels, status, districts, pictures, election history, changes, building needs (supplies); people needs (supplies, field supervisors, set-up teams), rating, notes, eligible voters, number of machines required, number of voting booths required, precincts assigned to polling place and status on availability.b. A sub-file for truck routes for equipment and supply delivery to polling places: date and time of delivery of voting machines, special instructions, date and time for pick up, truck and route numbers and their facilities.







Other Requirements:

181. Please provide detailed information on training programs formats and costs.

182. Provide information on frequency of updates to documentation for Kansas specific applications.

183. Provide information on availability of Blogs, FAQ's or other media outlets to communicate with the user and administrator community.

184. Provide a mechanism for communications between counties within the system for sharing data and content in the closed system.

SECTION VII - OTHER TECHNICAL REQUIREMENTS

OverviewIn addition to the application requirements for the voter registry and election management there are a number of other technical requirements that must be addressed. Some of these are needed to provide support functions to the main application (such as data transfers) while others are required by state IT governance organizations. Vendors must respond to these requirements with a narrative of how they will comply or what alternatives that might offer.

Voting XML Specification

As part of the project deliverables the vendor is expected to deliver XML specifications for the transfer of information for the following functions:

Data Export To Counties– There are a variety of Election Management applications in use throughout Kansas. In some instances counties may opt to continue using their existing applications rather than adopting the application that will become available as a result of this procurement. In that instance, it will be necessary for such a county to download a file of the registered voters in their jurisdiction from the CVR at the state level. So CVR can avoid creating a number of export file layouts to accommodate (potentially) many different systems, the XML specification could be used by the county to write an import program.

Data Import From Department of Revenue – A requirement of HAVA is the validation of registration information with any existing driver’s license records. In addition voters can register to vote at the time they receive or renew a license. The Department of Revenue is the responsible agency for driver licensing in Kansas. Consequently, data transfer of information from DOR to the CVR will be required. The XML specification will be used to generate the needed information from DOR for export the CVR.

Other Data Imports – In addition to getting information from DOR, the CVR will also be required to process information from the Department of Health and Environment to receive death notice information and from the Department of Corrections to receive felony conviction information. The XML standard will be used in these instances as well.

Data Conversion – The initial data population of the new CVR will come from the existing CVR.


Election Results – The XML would be used in this instance as a common reference to create a file from county vote systems to be sent to the state for the state to process.

Voter History – Following an election voter history must be posted to the CVR. This information is sourced from the various vote systems used by the counties.

Voting Equipment – A separate XML specification will be used to define the data output stream from electronic voting devices to Election Results Processing functions.

We envision four XML specifications being produced to supply the above functions:

Voter Record Transfer – Used for data exchange between the CVR and counties and DOR. Election Night Results Transfer Voter History Update Certified Election Abstract Transfer

Each specification will describe a request/query mechanism as well as the format of the information returned.

The XML specifications created must be compliant with all current XML specifications and standards. They must use XML approved techniques to supply security and ensure that transfers originate from the appropriate agencies.

XML Specification Requirements

It must conform to latest approved W3C XML Specifications in effect at the time it is presented. The XML design must be well-formed and able to be validated. An XML Schema will be produced and published. It will use XML Encryption and XML Signature to ensure a secure transfer of information. Use XML Query for information requests, permitting selective data sets.

Conversion Of Existing Data Set

The vendor must provide for the initial data load of the new CVR from the existing data set which is an Oracle database.

Vendor shall also propose methods for receiving data sets for verification of the accuracy of the information on the voter registration (name, partial Social Security Number, Driver’s License number, address, gender, from the Division of Motor vehicles and similar information from the Department of Corrections (for felony convictions) and Health and Environment for death records. The method employed would make use of the XML specification for defining the data set but the means of access or export will be defined by the contractor.

Your response to this requirement will be detailed in the proposal response Section 5.3

Technical Architecture

The vendor must propose a technical architecture that will support the comprehensive statewide system as either a delivered or Cloud based service. The planned system should be designed against the largest number of users. For planning purposes vendors should assume that the system will have as many as 800 concurrent users performing various activities.

The architecture should provide details regarding the number of platforms to be employed and the functions of each. It must show the telecommunications relationship between the counties and the central system as well as provide details regarding how the system will be made failsafe for operations and secured from external attack or attempts at corruption.


Your response to this requirement will be detailed in the proposal response Section 5.2

Network Architecture

Provide a detailed architecture for hardware, firewalls, intrusion detection and prevention software, and PKI encryption (or alternative security) to provide an extreme security for all data transferred between the various components of the system.

The “common broadband carrier” will be provided by KANWIN. Vendors must assume responsibility for all network efforts into and out of KANWIN.

Proposals must provide;

1. All hardware and software needed for KSOS and county offices.2. Ongoing security plan of operations for KSOS and county offices.3. Identify resources required from KANWIN.4. If a Cloud based service is offered, please provide network access information for counties to

directly access the service or provide information on how the Cloud based service connects with KANWIN.

Your response to this requirement will be detailed in the proposal response Section 5.2Information Technology Policy 1210 Revision 2 - State of Kansas Web Accessibility Requirements

Web Accessibility

Web accessibility is guided by ITEC Policy 1210 that must be complied with. Vendors must be aware of and comply with these policies. The following is the policy guiding Web accessibility. Vendors must complete the WCAT checklist found in Attachment 1.

1.0 TITLE: State of Kansas Web Accessibility Requirements

1.1 EFFECTIVE DATE: October 26, 2000

1.1.1 REVISED: October 26, 2006

1.1.2 REVISED: April 23, 2009

1.2 TYPE OF ACTION: Update

2.0 PURPOSE: To establish a State of Kansas policy regarding accessibility requirements for all State of Kansas internet, intranet, and extranet websites, web services, and web applications, including those that are developed internally, developed via contract, provided by third parties on behalf of state Entities, or purchased products.

3.0 ORGANIZATIONS AFFECTED: All branches, boards, commissions, divisions, departments and agencies of the state, herein referred to as Entities.

4.0 REFERENCES:

4.1 K.S.A. 44-1001, et. seq. Kansas Acts Against Discrimination.


4.2 Americans with Disabilities Act, 42 U.S.C.A., Section 12101, et.seq. See also 28CFR 35.160, and K.S.A. 58-1301 et. seq.

4.3 SECTION 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d) (http://www.usdoj.gov/crt/508/508law.php)

4.4 United State Architectural and Transportation Barriers Compliance Board’s Electronic and Information Technology Access Advisory Committee Final Report (http://www.access-board.gov/sec508/commrept/eitaacrpt.htm)

4.5 World Wide Web Consortium's (W3C) Web Content Accessibility Guidelines 2.0 (http://www.w3.org/TR/WCAG20/)

4.6 K.S.A. 2007 Supp. 75-7203 authorizes the Information Technology Executive Council (ITEC) to: Adopt information resource policies and procedures and provide direction and coordination for the application of the state's information technology resources for all state entities.

5.0 DEFINITIONS:

5.1 World Wide Web Consortium (W3C): An international consortium of private and public organizations whose purpose is to develop vendor-neutral, open standards for the World Wide Web.

5.2 Section 508: Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), an act requiring Federal agencies to make their electronic and information technology accessible to people with disabilities.

5.3 Web Developer: Any individual responsible for the design, development, and/or maintenance of state websites, web services, or web applications.

5.4 Web Accessibility Initiative (WAI): W3C group that works with organizations around the world to develop strategies, guidelines, and resources to help make the Web accessible to people with disabilities.

5.5 Kansas Partnership for Accessible Technology (KPAT): A standing advisory committee to the ITEC and other committees, boards and commissions, established by Executive Order 2008-12 to address web and information technology accessibility issues.

5.6 Financial or Administrative Undue Burden: A significant difficulty or expense. In determining whether an action would result in a financial or administrative undue burden, an entity shall consider all entity resources available for use in the funding and operation of the program or component for which the web site, web application, or web service is being developed, procured, maintained, or used. Also see K.S.A. §58-1301b and 28 CFR § 35.164.

5.7 Best Practices: Refers to those practices that are compliant with the procedures outlined in Section 7.0 and have been demonstrated as most efficient and effective in implementing websites, web services, and web applications.

6.0 POLICY:

6.1 All Entity websites, web services, and web applications shall be accessible to and usable by individuals with disabilities in accordance with federal and state law.


7.0 PROCEDURES:

7.1 All Entity websites, web services, and web applications must, at a minimum, comply with:

7.1.1 W3C Web Content Accessibility Guidelines Level A and AA Success Criteria (http://www.w3.org/TR/WCAG/)

7.1.2 Section 508 Electronic and Information Technology Accessibility Standards, Web-based intranet and internet information and applications (36 CFR § 1194.22) (http://section508.gov/index.cfm?fuseAction=stdsdoc#Web)

7.2 All Entity websites, web services, and web applications must meet the requirements set forth in Section 7.1 within 18 months of the most recent of the following:

7.2.1 The publication date of the latest version of the W3C Web Content Accessibility Guidelines

7.2.2 The publication date of the Section 508 Electronic and Information Technology Accessibility Standards

7.2.3 The publication date of this policy.

7.3 State Entities are prohibited from deploying web pages, web services, and web applications that do not comply with this policy.

7.4 In cases where a webpage, web service, or web application cannot be made compliant as required in Section 7.1 without an undue burden, an exception may be requested for review by the State ADA Coordinator and the Director of Statewide Web/IT Accessibility. The procedure for obtaining an undue burden exception is as follows:

7.4.1 The request for an exception shall be in writing, shall state the reason(s) that compliance will create a financial or administrative undue burden, and shall be submitted to the State ADA Coordinator. Such requests must receive approval by the State ADA Coordinator prior to deployment.

7.4.2 Entities shall describe in detail the challenges faced in making the webpage, web service, or web application accessible, including an estimate of hard and soft costs that would be incurred in doing so.

7.4.3 Entities shall describe their short-term and long-term solutions for making the webpage, web service, or web application accessible.

7.4.4 Entities shall submit a timeline in which the webpage, web service, or web application will be made accessible, and provide progress updates as requested by the KPAT.

7.5 Unresolved issues or complaints regarding the accessibility of Entity websites, web services or web applications should be brought to the attention of the KPAT.

8.0 RESPONSIBILITIES:


8.1 Heads of entities are responsible to establish procedures for their organizations to comply with the requirements of this policy.

8.2 The KPAT will review this policy annually, to insure both its applicability and compliance with emerging regulations and standards.

9.0 CANCELLATION: Updates ITEC Policy #1210, Revision 1, titled "State of Kansas Web Accessibility Requirements".

Archival of InformationSome of the information retained by the system will do so for a period of ten years or longer. Such records may be deemed of interest to the Kansas State Historical society which maintains a system for preservation of electronic information of historical interest. If the information is to be transferred to this system, an output file must be generated that includes agreed upon metadata and associated content for ingestion into the Kansas Enterprise Electronic Preservation (KEEP) system. Vendors must acknowledge their support in creating such an output file if deemed necessary.

Intellectual PropertyAll original software and software code and related intellectual property developed or created by the Vendor in the performance of its obligations under this Contract, whether it be for the Secretary of State or any county user of the system shall become the sole property of the State of Kansas. The Vendor will surrender all original written materials, including any reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer-based training modules, electronically or magnetically recorded material, used to develop this software and/or software code and related intellectual property to KSOS.

A compiled executable and the associated source code, system utilities, scripts, etc., and system documentation, to be updated each time there is a system upgrade or at a minimum annually, must be held in escrow for the State of Kansas, in the event that the successful respondent ceases to able to or unwilling to support the product. All rights inherent to property ownership, such as, but not limited to copyrights, trademarks, and patents shall be vested solely with the State.

Continuity of Infrastructure The vendor will provide a comprehensive detailed list of hardware and software components necessary for the operation of a infrastructure suitable to support all Kansas users at peak volume operations. This must be detailed as a fully redundant system capable of continuous operations in the event any element of the system were to fail. If unavoidable single points of failure exist in the quoted architecture they must be identified. If any element of the system requires manual intervention to restore operations from any failure point it must be identified and a narrative providing details of the manual intervention provided.

Hardware specifications for all components of the infrastructure must be provided with details regarding number of physical servers and virtual servers they will support. Memory, processors, storage capacities and type must be included along with minimum specifications for physical or virtual desktop requirements.

SecurityThe Secretary of State has successfully employed Public Key Infrastructure (PKI) using digital certificates on USB tokens as credentials along with other access information to gain entry into the system. Vendors must indicate their support and ability to use this tool to secure the system. These digital certificates also serve as digital signatures on transactions made to the database with regard to voter registration and other transactions. Consequently, an audit log must indicate which person made a given transaction.

In addition, to secure the system and any personal information, all data, either at rest or in transfer must be encrypted.


Maintenance and Support In addition to the information requested in Section 4, to complete the response to this section the following items must be specifically addressed.

Please note that a system life cycle of ten (10) years inclusive of maintenance and support will be evaluated for award.

The vendor shall provide a sample maintenance handbook and a typical operation’s guide as an appendix to the proposal for evaluation.

The vendor shall provide a Statement of commitment to the maintenance, support, and development of the software platform. Please define this by period of years from contract execution if this service will be available beyond ten years.

As a condition of this contract, if software support is discontinued by the vendor for any reason other than KSOS’s procurement of available support, then all software source code no longer supported will be released to KSOS without additional cost.

All source code will be placed in escrow with a mutually agreed upon escrow agent. The vendor will, at their cost, maintain the most current version of software operated by KSOS in escrow.

Vendor must provide information in their response and support agreement how changes in election law (federal or Kansas) that affect the EMS/CVR applications will be addressed and in what timeframe such modifications will be performed.

Vendor must provide information on how individual counties that make use of the state provided CVR/EMS system will be supported. In particular, please discuss telephone support during regular operations and during periods immediately prior to and following an election.

Vendor must provide information on how upgrades of any point in the system (hardware or software) will be accommodated. Specifically address upgrade management where a third party software component that the vendors software application is dependant upon must be upgraded will be handled.

Vendor Information In addition to the information requested in Section 4, to complete the response to this section the following items must be specifically addressed.

Provide resumes of all project staff that the vendor will assign to this project during implementation. Resume of the project manager that will be used for KSOS must be included and will become a condition of the contract for award. Project management staffing (once accepted by KSOS) can only be changed upon the express written permission of KSOS following request for a change of project manager along with an explanation of the need to change staff.

AdministrativePlease provide the information discussed in Section 4 in this Section of your response.

AppendicesPlease provide the information discussed in Section 4 in this Section of your response.


5. BID SHEETS

See the separate attachment, EVT0003635 Bid Sheets. This is an excel spreadsheet. It has four separate tabs to be completed:

COMMODITY GROUP ONE

COMMODITY GROUP TWO

SERVICE GROUP ONE

SERVICE GROUP TWO

These spreadsheets are to be included in your Cost Proposal document.

Cost Proposal Instructions

Vendors must complete the Cost Proposal within the Excel spreadsheets supplied as part of this RFP. A firm fixed price proposal for all services is required. Vendors may add products and services as necessary to the enclosed price sheets where appropriate. Following contract award any additional equipment, software or services necessary to the implementation that have not been previously disclosed must be provided at no additional cost. Vendors are encouraged to detail all costs that will be incurred in the cost proposal submission. Note: The electronic version of the spreadsheets contain notes in some cells that provide additional information. This information does not appear in the paper version of the spreadsheets found in the RFP.

For cost evaluation purposes vendors must assume a full implementation of CVR/EMS in all 105 counties. This represents an initial number of end users at 700 with anticipated growth to 900 users during the 10 year system life cycle.

Vendors must propose linear pricing so that cost reductions associated with fewer users of EMS functions can be readily calculated. Counties that will maintain existing EMS applications will reduce the total number of EMS users.

In Section 11.1 of the vendor response provide an overview that includes a discussion of your cost proposal. This should contain, but is not limited by, the following:

How pricing and discounts were computed.

Identification of warranty periods for all components.

Non-recurring costs.

Recurring costs such as maintenance.

Discussion of hidden/related costs that KSOS has not anticipated but will be responsible for incurring.

In Section 11.2 of the vendor response, please provide all information requested in the MS Excel spreadsheet provided. This spreadsheet is broken into four sections as follows:

Commodity Group One – This section is for hardware and operating system software and for maintenance of these components. An optional bid section is also provided for vendors that elect to offer voting devices as part of their bid.

Commodity Group Two – This section is for application software (along with required third party software components) necessary to the operation of the system. Ten years of


maintenance costs should be detailed. List any additional software requirements in the areas provided. For proposal purposes vendors will note that Kansas already has a Public Key Infrastructure (PKI) in place to provide electronic signature and digital certificates. This software will not be provided by vendor

Service Group One – This section is for professional services specific to installing hardware and software, development of XML standards, conversion of data sets, training and documentation.

Service Group Two – This section is for professional services associated with setting up the CVR/EMS system to be operational. It also includes sections for pricing any optional features that are separately priced in the vendor’s response to the Application Checklist in Section 6 of the RFP. Please add line items as necessary in this section and respond to specific line item numbers from the checklist for which there is an additional cost.

Please use the categories provided. If a provided category is not appropriate you may disregard it by noting it as Not Applicable (NA). If you require a category that is not provided please use the rows or columns marked as “0ther” and provide your own category name. Provide maintenance pricing for a ten-year system life cycle.

In Section 11.3 of vendor response, list the costs of any requirement from the Application Requirements Checklist from Section 6 that will be separately priced by the item number listed in the section.

This section shall include all costs necessary for the complete procurement of the system to preclude hidden charges later in the project life cycle. Any costs necessary to fulfill the functionality offered and that is not included in the proposal of the winning contractor shall become the responsibility of the contractor during implementation.

If changes to existing communications infrastructure, hardware, software, or procedures are required, then address your specific recommendations in your technical proposal and the prices associated with these recommendations as separate line items in your cost proposal.


6. Contractual Provisions Attachment DA-146a Rev. 06/12

6.1. Terms Herein Controlling Provisions It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.

6.2. Kansas Law and Venue This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas.

6.3. Termination Due To Lack Of Funding Appropriation If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

6.4. Disclaimer Of Liability No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.).

6.5. Anti-Discrimination Clause The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase ""equal opportunity employer""; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration.

Contractor agrees to comply with all applicable state and federal anti-discrimination laws.

The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total $5,000 or less during the fiscal year of such agency.


6.6. Acceptance Of Contract This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

6.7. Arbitration, Damages, Warranties Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

6.8. Representative's Authority To Contract By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

6.9. Responsibility For Taxes The State of Kansas and its agencies shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

6.10. Insurance The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title.

6.11. Information No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101 et seq.

6.12. The Eleventh Amendment "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."

6.13. Campaign Contributions / Lobbying Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement.