PURCHASING MEMORANDUM

PLEASE ADDRESS INQUIRIES TO:

GROUP

RELATED SERVICES AND BALLOT John Normile

MARKING OR OTHER VOTING Contract Management Specialist III

DEVICES ACCESSIBLE TO (518) 408-2557

INDIVIDUALS WITH DISABILITIES [email protected]

(Statewide)

CONTRACT PERIOD

January 31, 2014 OTHER AUTHORIZED USERS

Customer Services

(

[email protected]

CONTRACTOR/

CONTRACT NO.:

SUBJECT

ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Dominion Voting Systems Corp has submitted and we have accepted additional items to their contract pricelist. The updated pricelist can be accessed on the OGS website at the following URL address by clicking on the Contractor Info link: http://www.ogs.ny.gov/purchase/spg/pdfdocs/2230021231PL_Dominion.pdf

All other terms and conditions of this Award remain the same.

21231p23.docx/T08llb

New York State Office Of General Services

Procurement Services Group

Corning Tower Building

Empire State Plaza

Albany, New York 12242

http://www.ogs.ny.gov

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE

AWARD NUMBER

DATE

PLEASE ADDRESS INQUIRIES TO:

GROUP

RELATED SERVICES AND BALLOT John Normile

MARKING OR OTHER VOTING Contract Management Specialist

DEVICES ACCESSIBLE TO (518) 408-2557

INDIVIDUALS WITH DISABILITIES [email protected]

(Statewide)

CONTRACT PERIOD

January 31, 2014 OTHER AUTHORIZED USERS

Customer Services

(

[email protected]

CONTRACTOR/

CONTRACT NO.:

SUBJECT

ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS: Please be advised the above referenced contracts have been renewed until January 31, 2014. ES&S has reduced their pricing on the following items:

DS200 Digital Scanner (Includes Steel Reinforced Plastic Ballot Box, Start-Up Kit, 2 Jump Drives, Shipping, and Five (5) Year Depot Break/Fix Hardware Warranty and Five (5) Year Firmware Warranty.) – from $8,347 to $7,747. ES&S A200 AutoMARK Voter Assist Terminal with Transport Case (Includes Ink Cartridge,1gb Flashcard, Headset, Two Privacy Sleeves, and Five (5) Year Break/Fix Hardware Warranty and Five (5) Year Firmware Warranty.) – from $5,955 to $5,455.

For current up-to-date contractor information, please refer to the link labeled “Contractor Information” on our website at http://www.ogs.ny.gov/purchase/spg/awards/2230021231CAN.HTM

All other terms and conditions of this Award remain the same. * * * *

AWARD NUMBER

DATE

PLEASE ADDRESS INQUIRIES TO:

GROUP

RELATED SERVICES AND BALLOT Lori L. Bahan MARKING OR OTHER VOTING Purchasing Officer I DEVICES ACCESSIBLE TO (518) 474-1912 INDIVIDUALS WITH DISABILITIES [email protected] (Statewide)

CONTRACT PERIOD

January 31, 2013 OTHER AUTHORIZED USERS

Customer Services

(

[email protected]

CONTRACTOR/

CONTRACT NO.:

SUBJECT

ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Election Systems & Software Inc. has CHANGED THEIR NAME TO Election Systems & Software LLC For current up-to-date contractor information, please refer to the link labeled “Contractor Information” on our website at http://www.ogs.ny.gov/purchase/spg/awards/2230021231Can.htm

All other terms and conditions of this Award remain the same.

21231p21.docx/T08llb

New York State Office Of General Services

Procurement Services Group

Corning Tower Building

Empire State Plaza

Albany, New York 12242

http://www.ogs.ny.gov

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE

AWARD NUMBER

DATE

PLEASE ADDRESS INQUIRIES TO:

GROUP

RELATED SERVICES AND BALLOT Lori L. Bahan MARKING OR OTHER VOTING Purchasing Officer I DEVICES ACCESSIBLE TO (518) 474-1912 INDIVIDUALS WITH DISABILITIES [email protected] (Statewide)

CONTRACT PERIOD

January 31, 2013 OTHER AUTHORIZED USERS

Customer Services

(

[email protected]

CONTRACTOR/

CONTRACT NO.:

SUBJECT

ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Election Systems & Software has submitted and we have accepted additional items to their contract pricelist. The updated pricelist can be accessed on the OGS website at the following URL address by clicking on the Contractor Info link: http://www.ogs.ny.gov/purchase/spg/awards/2230021231Can.htm

All other terms and conditions of this Award remain the same.

AWARD NUMBER

DATE

PLEASE ADDRESS INQUIRIES TO:

GROUP

RELATED SERVICES AND BALLOT Lori L. Bahan

STATE AGENCIES & CONTRACTORS

MARKING OR OTHER VOTING Purchasing Officer I DEVICES ACCESSIBLE TO (518) 474-1912

INDIVIDUALS WITH DISABILITIES [email protected] (Statewide)

CONTRACT PERIOD

Customer Services

OTHER AUTHORIZED USERS

(

[email protected]

CONTRACTOR/

CONTRACT NO.:

SUBJECT

ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Dominion Voting Systems Corp has submitted and we have accepted additional items to their contract pricelist. The updated pricelist can be accessed on the OGS website at the following URL address by clicking on the Contractor Info link: http://www.ogs.state.ny.us/purchase/spg/awards/2230021231CAN.HTM

All other terms and conditions of this Award remain the same.

21231p19.docx/T08llb

New York State Office Of General Services

Procurement Services Group

Corning Tower Building

Empire State Plaza

Albany, New York 12242

http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE

AWARD NUMBER

DATE

PLEASE ADDRESS INQUIRIES TO:

GROUP

RELATED SERVICES AND BALLOT Lori L. Bahan

STATE AGENCIES & CONTRACTORS

MARKING OR OTHER VOTING Purchasing Officer I DEVICES ACCESSIBLE TO (518) 474-1912

INDIVIDUALS WITH DISABILITIES [email protected] (Statewide)

CONTRACT PERIOD

Customer Services

OTHER AUTHORIZED USERS

(

[email protected] ny.us

CONTRACTOR/

CONTRACT NO.:

SUBJECT

ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Election Systems & Software has submitted and we have accepted additional items to their contract pricelist. The updated pricelist can be accessed on the OGS website at the following URL address by clicking on the Contractor Info link: http://www.ogs.state.ny.us/purchase/spg/awards/2230021231Can htm.

All other terms and conditions of this Award remain the same.

AWARD NUMBER

:

21231

DATE

:

September

14,

2010

PLEASE ADDRESS INQUIRIES TO:

GROUP

:

22300 - VOTING SYSTEMS AND

RELATED SERVICES AND BALLOT

Lori L. Bahan

MARKING OR OTHER VOTING

Purchasing Officer I

DEVICES ACCESSIBLE TO

(518) 474-5535

INDIVIDUALS WITH DISABILITIES

[email protected]

(Statewide)

CONTRACT PERIOD

:

January 23, 2008 to

January 31, 2013

Customer

Services

(518) 474-6717

[email protected] ny.us

CONTRACTOR/

CONTRACT NO.:

Election Systems & Software / PC63810

SUBJECT

:

UPDATED PRICELIST

ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Election Systems & Software has submitted and we have accepted additional items to their contract pricelist.

The updated pricelist can be accessed on the OGS website at the following URL address by clicking on the Contractor

Info link: http://www.ogs.state.ny.us/purchase/spg/awards/2230021231Can htm.

All other terms and conditions of this Award remain the same.

21231p17.doc/T01llb

New York State Office Of General Services

Procurement Services Group

Corning Tower Building

Empire State Plaza

Albany, New York 12242

http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE

AWARD NUMBER

:

21231

DATE

:

June 29, 2010

PLEASE ADDRESS INQUIRIES TO:

GROUP

:

22300 - VOTING SYSTEMS AND RELATED

SERVICES AND BALLOT MARKING OR

Lori L. Bahan

OTHER VOTING DEVICES ACCESSIBLE TO

Purchasing Officer I

INDIVIDUALS WITH DISABILITIES (Statewide)

(518) 474-5535

[email protected]

CONTRACT PERIOD

:

January 23, 2008 to

January 31, 2013

Customer

Services

(518) 474-6717

[email protected] ny.us

CONTRACTOR/

CONTRACT NO.:

Election Systems & Software PC63810

SUBJECT

:

UPDATED PRICE LIST

TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Election Systems & Software has submitted and we have accepted additional items to their contract pricelist.

The updated pricelist can be accessed on the OGS website at the following URL address by clicking on the Contractor

Info link: http://www.ogs.state.ny.us/purchase/spg/awards/2230021231Can htm.

AWARD NUMBER

:

21231

DATE

:

May

7,

2010

PLEASE ADDRESS INQUIRIES TO:

GROUP

:

22300 - VOTING SYSTEMS AND RELATED

SERVICES AND BALLOT MARKING OR

Lori L. Bahan

OTHER VOTING DEVICES ACCESSIBLE TO

Purchasing Officer I

INDIVIDUALS WITH DISABILITIES (Statewide)

(518) 474-5535

[email protected]

CONTRACT PERIOD

:

January 23, 2008 to

January 31, 2013

Customer

Services

(518) 474-6717

[email protected]

CONTRACTOR/

CONTRACT NO.:

Election Systems & Software PC63810

SUBJECT

:

UPDATED PRICELIST

TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Election Systems & Software has submitted and we have accepted additional items to their contract pricelist.

The updated pricelist can be accessed on the OGS website at the following URL address by clicking on the Contractor

Info link: http://www.ogs.state.ny.us/purchase/spg/awards/2230021231CAN.HTM

21231p15.doc/T01llb

New York State Office Of General Services

Procurement Services Group

Corning Tower Building

Empire State Plaza

Albany, New York 12242

http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE

AWARD NUMBER

:

21231

DATE

:

February 19, 2010

PLEASE ADDRESS INQUIRIES TO:

GROUP

:

22300 - VOTING SYSTEMS AND RELATED

SERVICES AND BALLOT MARKING OR

Lori L. Bahan

OTHER VOTING DEVICES ACCESSIBLE TO

Purchasing Officer I

INDIVIDUALS WITH DISABILITIES (Statewide)

(518) 474-5535

[email protected]

CONTRACT PERIOD

:

January 23, 2008 to

January 31, 2013

Customer

Services

(518) 474-6717

[email protected]

CONTRACTOR/

CONTRACT NO.:

Election Systems & Software PC63810

SUBJECT

:

UPDATED PRICELIST

TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Election Systems & Software has submitted and we have accepted additional items to their contract pricelist.

The updated pricelist can be accessed on the OGS website at the following URL address by clicking on the Contractor

Info link: http://www.ogs.state.ny.us/purchase/spg/awards/2230021231CAN.HTM

AWARD NUMBER

:

21231

DATE

:

February 10, 2010

PLEASE ADDRESS INQUIRIES TO:

GROUP

:

22300 - VOTING SYSTEMS AND RELATED

SERVICES AND BALLOT MARKING OR

Lori L. Bahan

OTHER VOTING DEVICES ACCESSIBLE TO

Purchasing Officer I

INDIVIDUALS WITH DISABILITIES (Statewide)

(518) 474-5535

[email protected]

CONTRACT PERIOD

:

January 23, 2008 to

January 31, 2013

Customer

Services

(518) 474-6717

[email protected]

CONTRACTOR/

CONTRACT NO.:

Dominion Voting Systems Corp PC63813

SUBJECT

:

UPDATED PRICELIST

TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Dominion Voting Systems Corp. has submitted and we have accepted additional items to their contract pricelist.

The updated pricelist can be accessed on the OGS website at the following URL address by clicking on the Contractor

Info link: http://www.ogs.state.ny.us/purchase/spg/awards/2230021231CAN.HTM

21231p13.doc/T01llb

New York State Office Of General Services

Procurement Services Group

Corning Tower Building

Empire State Plaza

Albany, New York 12242

http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE

AWARD NUMBER

:

21231

DATE

:

January 5, 2010

PLEASE ADDRESS INQUIRIES TO:

GROUP

:

22300 - VOTING SYSTEMS AND RELATED

SERVICES AND BALLOT MARKING OR

Lori L. Bahan

OTHER VOTING DEVICES ACCESSIBLE TO

Purchasing Officer I

INDIVIDUALS WITH DISABILITIES (Statewide)

(518) 474-5535

[email protected]

CONTRACT PERIOD

:

January 23, 2008 to

January 31, 2013

Customer

Services

(518) 474-6717

[email protected]

CONTRACTOR/

CONTRACT NO.:

Election Systems & Software PC63810

Dominion Voting Systems Corp. PC63813

SUBJECT

:

VOTING SYSTEM CERTIFICATION

AUTHORIZATION TO SELL

TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

The New York State Board of Elections has certified the following voting systems to be purchased from the above

contracts:

Dominion Voting Systems Corp: Imagecast

Election Systems & Software: DS-200 and Automark

As a result of the certification, the above systems are available to be purchased from the above contract. Copies of the

certifications and authorization to sell forms can be accessed at the following URL:

http://www.ogs.state ny.us/purchase/spg/awards/2230021231Can.htm

All other terms and conditions of this Award remain the same.

AWARD NUMBER

:

21231

DATE

:

September

24,

2009

PLEASE ADDRESS INQUIRIES TO:

GROUP

:

22300 - VOTING SYSTEMS AND RELATED

SERVICES AND BALLOT MARKING OR

Lori L. Bahan

OTHER VOTING DEVICES ACCESSIBLE TO

Purchasing Officer I

INDIVIDUALS WITH DISABILITIES (Statewide)

(518) 474-5535

[email protected]

CONTRACT PERIOD

:

January 23, 2008 to

January 31, 2013

Customer

Services

(518) 474-6717

[email protected]

CONTRACTOR/

CONTRACT NO.:

Sequoia Voting Systems, Inc. PC63813

SUBJECT

:

CONTRACT ASSIGNMENT AND REVISED CONTRACT AWARD

TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

The above reference contract with Sequoia Voting Systems, Inc. has been assigned to:

CONTRACT # CONTRACTOR & ADDRESS

TELEPHONE #

FED.IDENT.#

PC63813

DOMINION VOTING SYSTEMS CORP.

866/654-8683

980550251

215 Spadina Ave., Ste. 200

416/762-8683

Toronto, ON M5T2C7

John Poulos

DISC: .5% for 15 Days A/R/O

Fax No.: 416/762-8663

.25% for 30 Days A/R/O

E-mail: [email protected]

Contractor accepts the NYS Procurement Card or any Government Credit Card up to $500,000.

Please be advised that a Revised Contract Award has been issued incorporating this change. Authorized users

should reference the current copy of the Contract Award, which lists a revised issue date of September 24, 2009 before

purchasing from the contract.

21231p11.doc/T01mls

New York State Office Of General Services

Procurement Services Group

Corning Tower Building

Empire State Plaza

Albany, New York 12242

http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE

AWARD NUMBER

:

21231

DATE

:

June 25, 2009

PLEASE ADDRESS INQUIRIES TO:

GROUP

:

22300 - VOTING SYSTEMS AND RELATED

SERVICES AND BALLOT MARKING OR

Lori L. Bahan

OTHER VOTING DEVICES ACCESSIBLE TO

Purchasing Officer I

INDIVIDUALS WITH DISABILITIES (Statewide)

(518) 474-5535

[email protected]

CONTRACT PERIOD

:

January 23, 2008 to

January 31, 2013

Customer

Services

(518) 474-6717

[email protected]

CONTRACTOR/

CONTRACT NO.:

Sequoia Voting Systems, Inc. PC63813

SUBJECT

:

UPDATED PRICING

TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Sequoia Voting Systems, Inc. has submitted and we have accepted additional items and revised pricing to their

contract price list. Please note the changes on the pages 6, 7, 8, 15, 16, 17 of the price list.

Contract pricing and revised contract award can be accessed on the OGS website at: www.ogs.state.ny.us.

All other terms and conditions of this Award remain the same.

AWARD NUMBER

:

21231

DATE

:

April 23, 2009

PLEASE ADDRESS INQUIRIES TO:

GROUP

:

22300 - VOTING SYSTEMS AND RELATED

SERVICES AND BALLOT MARKING OR

Lori L. Bahan

OTHER VOTING DEVICES ACCESSIBLE TO

Purchasing Officer I

INDIVIDUALS WITH DISABILITIES (Statewide)

(518) 474-5535

[email protected]

CONTRACT PERIOD

:

January 23, 2008 to

January 31, 2013

Customer

Services

(518) 474-6717

[email protected]

CONTRACTOR/

CONTRACT NO.:

Election Systems & Software PC63810

SUBJECT

:

UPDATED PRICING AND REVISED CONTRACT AWARD

TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Election Systems & Software has submitted and we have accepted additional items and revised pricing to their

contract price list. Please note the changes on the following pages 5, 7, 9, 10, 20 of the price list:

Contract pricing and revised contract award can be accessed on the OGS website at: www.ogs.state.ny.us.

All other terms and conditions of this Award remain the same.

21231p08.doc/T01mls

New York State Office Of General Services

Procurement Services Group

Corning Tower Building

Empire State Plaza

Albany, New York 12242

http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE

AWARD NUMBER

:

21231

DATE

:

April 16, 2009

PLEASE ADDRESS INQUIRIES TO:

GROUP

:

22300 - VOTING SYSTEMS AND RELATED

SERVICES AND BALLOT MARKING OR

Lori L. Bahan

OTHER VOTING DEVICES ACCESSIBLE TO

Purchasing Officer I

INDIVIDUALS WITH DISABILITIES (Statewide)

(518) 474-5535

[email protected]

CONTRACT PERIOD

:

January 23, 2008 to

January 31, 2013

Customer

Services

(518) 474-6717

[email protected]

CONTRACTOR/

CONTRACT NO.:

Avante International Technology, Inc. PC63809

SUBJECT

:

CONTRACT TERMINATION

TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Effective at 12:01a.m. on April 17, 2009, the above referenced contract with Avante International Technology,

Inc. (PC63809) has been terminated.

AWARD NUMBER

:

21231

DATE

:

April

9,

2009

PLEASE ADDRESS INQUIRIES TO:

GROUP

:

22300 - VOTING SYSTEMS AND RELATED

SERVICES AND BALLOT MARKING OR

Lori L. Bahan

OTHER VOTING DEVICES ACCESSIBLE TO

Purchasing Officer I

INDIVIDUALS WITH DISABILITIES (Statewide)

(518) 474-5535

[email protected]

CONTRACT PERIOD

:

January 23, 2008 to

January 31, 2013

Customer

Services

(518) 474-6717

[email protected]

CONTRACTOR/

CONTRACT NO.:

Premier Election Solutions PC63812

SUBJECT

:

CONTRACT TERMINATION

TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Effective immediately the above referenced contract with Premier Election Solutions (PC63812) has been

terminated.

21231p06.doc/T01mls

New York State Office Of General Services

Procurement Services Group

Corning Tower Building

Empire State Plaza

Albany, New York 12242

http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE

AWARD NUMBER

:

21231

DATE

:

March 11, 2009

PLEASE ADDRESS INQUIRIES TO:

GROUP

:

22300 - VOTING SYSTEMS AND RELATED

SERVICES AND BALLOT MARKING OR

Lori L. Bahan

OTHER VOTING DEVICES ACCESSIBLE TO

Purchasing Officer I

INDIVIDUALS WITH DISABILITIES (Statewide)

(518) 474-5535

[email protected]

CONTRACT PERIOD

:

January 23, 2008 to

January 31, 2013

Customer

Services

(518) 474-6717

[email protected]

CONTRACTOR/

CONTRACT NO.:

Sequoia Voting Systems, Inc. PC63813

SUBJECT

:

UPDATED CONTRACTOR CONTACT INFORMATION

TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Please note the change in telephone number and company contact:

CONTRACT # CONTRACTOR

&

ADDRESS TELEPHONE

# FED.IDENT.#

PC63813

SEQUOIA VOTING SYSTEMS, INC.

877-248-6194

371274619

717 17th Street, Suite 310

720/746-2591

Denver, CO 80202

Peter McManemy

DISC: .5% for 15 Days A/R/O

Fax No.: 303/446-3047

.25% for 30 Days A/R/O

E-mail: [email protected]

Contractor accepts the NYS Procurement Card or any Government Credit Card up to $500,000.

AWARD NUMBER

:

21231

DATE

:

February

4,

2009

PLEASE ADDRESS INQUIRIES TO:

GROUP

:

22300 - VOTING SYSTEMS AND RELATED

SERVICES AND BALLOT MARKING OR

Lori L. Bahan

OTHER VOTING DEVICES ACCESSIBLE TO

Purchasing Officer I

INDIVIDUALS WITH DISABILITIES (Statewide)

(518) 474-5535

[email protected]

CONTRACT PERIOD

:

January 23, 2008 to

January 31, 2013

Customer

Services

(518) 474-6717

[email protected]

CONTRACTOR/

CONTRACT NO.:

Premier Election Solutions PC63812

Sequoia Voting Systems, Inc. PC63813

SUBJECT

:

UPDATED CONTRACTOR INFORMATION

TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Please note the change in telephone number and company contact:

CONTRACT # CONTRACTOR

&

ADDRESS TELEPHONE

# FED.IDENT.#

PC63812 PREMIER

ELECTION

SOLUTIONS 866/307-7689

850394190

1253 Allen Station Pkwy.

Theresa Covington

Allen, TX 75002

469/675-8990, Ext. 1136

Fax No.: 214/383-1596

E-mail: [email protected]

PC63813

SEQUOIA VOTING SYSTEMS, INC.

888/421-7260

371274619

717 17th Street, Suite 310

315/559-1653

Denver, CO 80202

Larry Tonelli

DISC: .5% for 15 Days A/R/O

Fax No.: 315/425-0120

.25% for 30 Days A/R/O

E-mail: [email protected]

Contractor accepts the NYS Procurement Card or any Government Credit Card up to $500,000.

21231p04.doc/T01mls

New York State Office Of General Services

Procurement Services Group

Corning Tower Building

Empire State Plaza

Albany, New York 12242

http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE

AWARD NUMBER

:

21231

DATE

:

August

26,

2008

PLEASE ADDRESS INQUIRIES TO:

GROUP

:

22300 - VOTING SYSTEMS AND RELATED

SERVICES AND BALLOT MARKING OR

Lori L. Bahan

OTHER VOTING DEVICES ACCESSIBLE TO

Purchasing Officer I

INDIVIDUALS WITH DISABILITIES (Statewide)

(518) 474-5535

[email protected]

CONTRACT PERIOD

:

January 23, 2008 to

January 31, 2013

Customer

Services

(518) 474-6717

[email protected]

CONTRACTOR/

CONTRACT NO.:

Avante International Technology, Inc. PC63809

SUBJECT

:

LOT I CONTRACT TERMINATION

TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Effective immediately the above referenced contract for Lot I with Avante International Technology, Inc.

(PC63809) has been terminated.

The contract for Lot II remains in effect.

AWARD NUMBER

:

21231

DATE

:

August

22,

2008

PLEASE ADDRESS INQUIRIES TO:

GROUP

:

22300 - VOTING SYSTEMS AND RELATED

SERVICES AND BALLOT MARKING OR

Lori L. Bahan

OTHER VOTING DEVICES ACCESSIBLE TO

Purchasing Officer I

INDIVIDUALS WITH DISABILITIES (Statewide)

(518) 474-5535

[email protected]

CONTRACT PERIOD

:

January 23, 2008 to

January 31, 2013

Customer

Services

(518) 474-6717

[email protected]

CONTRACTOR/

CONTRACT NO.:

Election Systems & Software PC63810

SUBJECT

:

UPDATED PRICING

TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Election Systems & Software has submitted and we have accepted additional items to their contract price list.

Please note the addition of the following items to page 16 of the price list:

AutoCAST Ballot Box, Cardboard

AutoMARK Steel Transport Table Wheel Lock

AutoCARTt with Cover and Privacy Screen

Contract pricing can be accessed on the OGS website at: www.ogs.state.ny.us.

All other terms and conditions of this Award remain the same.

21231p02.doc/T01mls

New York State Office Of General Services

Procurement Services Group

Corning Tower Building

Empire State Plaza

Albany, New York 12242

http://www.ogs.state.ny.us

PURCHASING MEMORANDUM

CONTRACT AWARD NOTIFICATION UPDATE

AWARD NUMBER

:

21231

DATE

:

May

9,

2008

PLEASE ADDRESS INQUIRIES TO:

GROUP

:

22300 - VOTING SYSTEMS AND RELATED

SERVICES AND BALLOT MARKING OR

Lori L. Bahan

OTHER VOTING DEVICES ACCESSIBLE TO

Purchasing Officer I

INDIVIDUALS WITH DISABILITIES (Statewide)

(518) 474-5535

[email protected]

CONTRACT PERIOD

:

January 23, 2008 to

January 31, 2013

Customer

Services

(518) 474-6717

[email protected]

CONTRACTOR/

CONTRACT NO.:

Liberty Election Systems PC63811

SUBJECT

:

CONTRACT TERMINATION

TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Effective immediately the above referenced contract with Liberty Election Systems (PC63811) has been

terminated.

AWARD NUMBER

:

21231

DATE

:

April 1

, 2008

PLEASE ADDRESS INQUIRIES TO:

GROUP

:

22300 - VOTING SYSTEMS AND RELATED

SERVICES AND BALLOT MARKING OR

Lori L. Bahan

OTHER VOTING DEVICES ACCESSIBLE TO

Purchasing Officer I

INDIVIDUALS WITH DISABILITIES (Statewide)

(518) 474-5535

[email protected]

CONTRACT PERIOD

:

January 23, 2008 to

January 31, 2013

Customer

Services

(518) 474-6717

[email protected]

CONTRACTOR/

CONTRACT NO.:

Election Systems & Software PC63810

SUBJECT

:

UPDATED PRICING

TO ALL STATE AGENCIES AND OTHERS AUTHORIZED TO USE STATE CONTRACTS:

Please refer to the updated Pricing Information for Election Systems & Software (PC63810).

All other terms and conditions of this Award remain the same.

(continued)

21231a01.T01mls

State of New York Executive Department

Office Of General Services

Procurement Services Group

Corning Tower Building - 38th Floor

Empire State Plaza

Albany, New York 12242

http://www.ogs.state.ny.us

CONTRACT AWARD NOTIFICATION

Title

:

Group 22300 - VOTING SYSTEMS AND

RELATED SERVICES AND BALLOT

MARKING OR OTHER VOTING DEVICES

ACCESSIBLE TO INDIVIDUALS WITH

DISABILITIES (Statewide)

Classification Code(s)

: 43, 44, 56 & 46

Award Number

:

_NEG-21231

Contract Period

:

_{January 23, 2008 to January 31, 2013}

Return By Date

:

November 23, 2007 and

CONTINUOUS RECRUITMENT

As incorporated in the Invitation for Bids and

Purchasing Memoranda dated 10/17/07,

10/30/07, 11/06/07, 11/14/07, 11/15/07 & 11/21/07

Date of Issue

:

_{February 21, 2008}

Specification Reference :

_{As Incorporated In The Invitation for Bids}

Contractor Information :

_{Appears on Page 2 of this Award}

Address Inquiries To:

State Agencies & Vendors

Political Subdivisions & Others

Customer Services

Name :

Title :

Phone :

Fax :

E-mail :

Lori L. Bahan

Purchasing Officer I

518-474-5535

518-474-5052

[email protected]

Phone :

Fax :

E-mail :

518-474-6717

518-474-2437

[email protected]

The Procurement Services Group values your input.

Complete and return "Contract Performance Report" at end of document.

Description

This award is for LOT I: Voting Systems complying with the requirements of the Help America Vote Act,

and LOT II: Ballot Marking or Other Voting Devices Accessible to Individuals with Disabilities.

Contractor accepts the NYS Procurement Card or any Governmental Credit Card up to no maximum and offers an additional

discount of 3%.

PC63810

ELECTION SYSTEMS & SOFTWARE, INC.

470617567

11208 John Galt Blvd.

Omaha, NE 68137

CONTACT

INFORMATION:

ELECTION SYSTEMS & SOFTWARE, INC. 800/247-8683

205 Forest Ave.

312/420-0835

Glen Ellyn, IL 60137

Judd Ryan

Fax No.: 402/970-1284

E-mail: [email protected]

ELECTION SYSTEMS & SOFTWARE, INC. 800/247-8683

20031 Sanibel View Circle #101

402/593-0101

Fort Myers, FL 33908

Gene Seets

Fax No.: 248/674-7016

[email protected]

PC63811 LIBERTY

ELECTION

SYSTEMS 800/439-3198

161692360

SB

11 Sand Creek Road, Suite 100

518/489-4573

Albany, NY 12205

Jane Nieckarz

DISC: 1% for 30 Days A/R/O

Fax No.: 800/343-8683

518/489-1673

E-mail: [email protected]

Contractor accepts the NYS Procurement Card or any Governmental Credit Card up to $2,500.

PC63812 PREMIER

ELECTION

SOLUTIONS 866/307-7689

850394190

1253 Allen Station Pkwy.

Christy Dugan

Allen,

TX

75002

469/675-8990

Fax No.: 214/383-1596

E-mail: [email protected]

PC63813

SEQUOIA VOTING SYSTEMS, INC.

800/311-0747

371274619

717 17th Street, Suite 310

720/746-2590

Denver, CO 80202

Howard Cramer

DISC: .5% for 15 Days A/R/O

Fax No.: 303/446-3047

.25% for 30 Days A/R/O

E-mail: [email protected]

Contractor accepts the NYS Procurement Card or any Government Credit Card up to $500,000.

GROUP

22300 - VOTING SYSTEMS AND RELATED SERVICES

AWARD PAGE

3

AND BALLOT MARKING OR OTHER VOTING DEVICES

ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES

21231a01.T01mls

Cash Discount, If Shown, Should be Given Special Attention.

INVOICES MUST BE SENT DIRECTLY TO THE ORDERING AGENCY FOR PAYMENT.

(See "Contract Payments" and "Electronic Payments" in this document.)

AGENCIES SHOULD NOTIFY THE PROCUREMENT SERVICES GROUP PROMPTLY IF THE CONTRACTOR FAILS

TO MEET DELIVERY OR OTHER TERMS OF THIS CONTRACT. PRODUCTS OR SERVICES WHICH DO NOT

COMPLY WITH THE SPECIFICATIONS OR ARE OTHERWISE UNSATISFACTORY TO THE AGENCY SHOULD

ALSO BE REPORTED TO THE PROCUREMENT SERVICES GROUP.

SMALL, MINORITY AND WOMEN-OWNED BUSINESSES:

The letters SB listed under the Contract Number indicate the contractor is a NYS small business. Additionally, the

letters MBE and WBE indicate the contractor is a Minority-owned Business Enterprise and/or Woman-owned Business

Enterprise.

RECYCLED, REMANUFACTURED AND ENERGY EFFICIENT PRODUCTS:

The Procurement Services Group supports and encourages the purchase of recycled, remanufactured, energy efficient

and "energy star" products. If one of the following codes appears as a suffix in the Award Number or is noted under the

individual Contract Number(s) in this Contract Award Notification, please look at the individual awarded items for more

information on products meeting the suffix description.

RS,RP,RA Recycled

RM Remanufactured

SW

Solid Waste Impact

EE Energy

Efficient

E* EPA

Energy

Star

ES Environmentally

Sensitive

NOTE TO AUTHORIZED USERS:

When placing purchase orders under the contract(s), the authorized user should be familiar with and follow the terms

and conditions governing its use which usually appears at the end of this document. The authorized user is accountable and

responsible for compliance with the requirements of public procurement processes. The authorized user must periodically

sample the results of its procurements to determine its compliance. In sampling its procurements, an authorized user should

test for reasonableness of results to ensure that such results can withstand public scrutiny.

The authorized user, when purchasing from OGS contracts, should hold the contractor accountable for contract

compliance and meeting the contract terms, conditions, specifications, and other requirements. Also, in recognition of market

fluctuations over time, authorized users are encouraged to seek improved pricing whenever possible.

Authorized users have the responsibility to document purchases, particularly when using OGS multiple award contracts

for the same or similar product(s)/service(s), which should include:

•

a statement of need and associated requirements,

•

a summary of the contract alternatives considered for the purchase,

•

the reason(s) supporting the resulting purchase (e.g., show the basis for the selection among multiple contracts at the

time of purchase was the most practical and economical alternative and was in the best interests of the State).

Liberty Election Systems

DRE Voting Machine

LibertyVote

Premier Election Solutions

Optical Scan

AccuVote OSX

Premier Election Solutions

Accessible Voting Device

AutoMARK VAT -A300

Sequoia Voting Systems, Inc.

Precinct Optical Scan System

ImageCast with or without

accessible voting devices

Lot 2 – Ballot Marking Devices or Other Voting Devices Accessible to Individuals with Disabilities

Contractor System

Type

Model

No.

Avante International

Technology, Inc.

Accessible Voting Device

Vote-Tracker

EVC308-BMD-FFP

Election Systems and Software,

Inc.

Voter Assist Terminal

AutoMARK A200

Liberty Election Systems

Ballot Marking Voting Device

LibertyMark

Premier Election Solutions

Accessible Voting Device

AutoMARK VAT – A300

Sequoia Voting Systems, Inc.

Precinct Optical Scan System

Image Cast with accessible

GROUP

22300 - VOTING SYSTEMS AND RELATED SERVICES

AWARD PAGE

5

AND BALLOT MARKING OR OTHER VOTING DEVICES

ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES

21231a01.T01mls

REQUEST FOR CHANGE:

Any request by the agency or contractor regarding changes in any part of the contract must be made in writing to the

Office of General Services, Procurement Services Group, prior to effectuation.

CONTRACT PAYMENTS:

Payments cannot be processed by State facilities until the contract products have been delivered, received, inspected and

accepted by the Authorized User or services have been satisfactorily performed. Payment will be based on any invoice used in

the supplier's normal course of business. However, such invoice must contain sufficient data including but not limited to

contract number, description of product or service, quantity, unit and price per unit as well as federal identification number.

Invoices shall only be submitted upon receipt of a written, signed, formal notice of inspection for the specified Product by the

Authorized User’s Purchasing Official. Payment will be made in accordance with the following Payment Schedule: 60% at

the completion of acceptance testing and acceptance at the central location, 20% at delivery to the Authorized User after the

completion of acceptance testing and 20% after the first general election.

State facilities are required to forward properly completed vouchers to the Office of the State Comptroller for audit and

payment. All facilities are urged to process every completed voucher expeditiously giving particular attention to those

involving cash discounts for prompt payment.

If the contract terms indicate political subdivisions and others authorized by law are allowed to participate, those entities

are required to make payments directly to the contractor. Prior to processing such payment, the contractor may be required to

complete the ordering non-State agency's own voucher form.

See "Contract Billings" in Appendix B, OGS General Specifications.

ELECTRONIC PAYMENTS:

The Office of the State Comptroller (OSC) offers an "electronic payment" option in lieu of issuing checks. To obtain an

electronic payment authorization form visit the OSC website at www.osc.state.ny.us or contact them by e-mail at

[email protected] ny.us or by phone at 518-474-4032.

State Law. Vendors shall be responsible for payment of the cost of the certification process, as determined by the New York

State Board of Elections. Prospective contractors should be aware that there is an application fee of $5,000, unless such

requirement is waived by the BOE, and testing costs are estimated at $1,000,000.00 unless such requirement is waived by the

BOE.

PSG's DISPUTE RESOLUTION POLICY:

It is the policy of the Office of General Services’ Procurement Services Group (PSG) to provide vendors with an

opportunity to administratively resolve disputes, complaints or inquiries related to PSG bid solicitations or contract awards.

PSG encourages vendors to seek resolution of disputes through consultation with PSG staff. All such matters will be accorded

impartial and timely consideration. Interested parties may also file formal written disputes. A copy of PSG’s Dispute

Resolution Procedures for Vendors may be obtained by contacting the person shown on the front of this document or through

the OGS website (www.ogs.state ny.us).

PROCUREMENT LOBBYING TERMINATION:

OGS reserves the right to terminate this contract in the event it is found that the certification filed by the Offerer/bidder in

accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding,

OGS may exercise its termination right by providing written notification to the Offerer/bidder in accordance with the written

notification terms of this contract.

SUMMARY OF POLICY AND PROHIBITIONS ON PROCUREMENT LOBBYING:

Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on communications

between OGS and an Offerer/bidder during the procurement process. An Offerer/bidder is restricted from making contacts

from the earliest notice of intent to solicit offers/bids through final award and approval of the Procurement Contract by OGS

and, if applicable, the Office of the State Comptroller (“restricted period”) to other than designated staff unless it is a contact

that is included among certain statutory exceptions set forth in State Finance Law §139-j (3) (a). Designated staff, as of the

date hereof, is identified on the first page of this solicitation. OGS employees are also required to obtain certain information

when contacted during the restricted period and make a determination of the responsibility of the Offerer/bidder pursuant to

these two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two

findings within a four-year period; the Offerer/bidder is debarred from obtaining governmental Procurement Contracts. Further

information about these requirements can be found on the OGS website:

http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil html

MERCURY-ADDED CONSUMER PRODUCTS:

Offerers are advised that effective January 1, 2005, Article 27, Title 21 of the Environmental Conservation Law bans the sale

or distribution free of charge of fever thermometers containing mercury except by prescription written by a physician and bans

the sale or distribution free of charge of elemental mercury other than for medical pre-encapsulated dental amalgam, research,

or manufacturing purposes due to the hazardous waste concerns of mercury. The law further states that effective July 12, 2005,

manufacturers are required to label mercury-added consumer products that are sold or offered for sale in New York State by a

distributor or retailer. The label is intended to inform consumers of the presence of mercury in such products and of the proper

disposal or recycling of mercury-added consumer products. Offerers are encouraged to contact the Department of

Environmental Conservation, Bureau of Solid Waste, Reduction & Recycling at (518) 402-8705 or the Bureau of Hazardous

Waste Regulation at 1-800-462-6553 for questions relating to the law. Offerers may also visit the Department's web site for

additional information: http://www.dec.state.ny.us/website/dshm/redrecy/c145home.html.

GROUP

22300 - VOTING SYSTEMS AND RELATED SERVICES

AWARD PAGE

7

AND BALLOT MARKING OR OTHER VOTING DEVICES

ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES

21231a01.T01mls

DIESEL EMISSION REDUCTION ACT OF 2006 (NEW REQUIREMENT OF LAW):

On February 12, 2007 the Diesel Emissions Reduction Act took effect as law (the “Law”). Pursuant to new §19-0323 of the

N.Y. Environmental Conservation Law (“NYECL”) it is now a requirement that heavy duty diesel vehicles in excess of 8,500

pounds use the best available retrofit technology (“BART”) and ultra low sulfur diesel fuel (“ULSD”). The requirement of the

Law applies to all vehicles owned, operated by or on behalf of, or leased by State agencies and State or regional public

authorities. They need to be operated exclusively on ULSD by February 12, 2007. It also requires that such vehicles owned,

operated by or on behalf of, or leased by State agencies and State or regional public authorities with more than half of its

governing body appointed by the Governor utilize BART.

As a contract vendor the Law may be applicable to vehicles used by contract vendors “on behalf of” State agencies and public

authorities. Thirty-three percent (33%) of affected vehicles must have BART by December 31, 2008, sixty-six percent (66%)

by December 31, 2009 and one-hundred percent (100%) by December 31, 2010. The Law provides a list of exempted vehicles.

Regulations currently being drafted will provide further guidance as to the effects of the Law on contract vendors using heavy

duty diesel vehicles on behalf of the State. The Law also permits waivers of ULSD and BART under limited circumstances at

the discretion of the Commissioner of Environmental Conservation. The Law will also require reporting from State agencies

and from contract vendors in affected contracts.

Therefore, the contractor hereby certifies and warrants that all heavy duty vehicles, as defined in NYECL §19-0323, to be used

under this contract, will comply with the specifications and provisions of NYECL §19-0323, and any regulations promulgated

pursuant thereto, which requires the use of BART and ULSD, unless specifically waived by NYSDEC. Qualification and

application for a waiver under this Law will be the responsibility of the contractor.

CONTRACT PERIOD AND RENEWALS:

It is the intention of the State to enter into a contract for a term of five years as stated herein.

The parties may renew the contract, upon approval of the NYS Comptroller, upon expiration of the original term for an

additional one (1) year term. Upon termination of the Contract, all rights and obligations set forth herein shall survive in

accordance with their terms as to procurements made or individual licenses granted to Authorized Users prior to such

termination.

CANCELLATION FOR CONVENIENCE:

The State of New York retains the right to cancel this contract, in whole or in part without reason provided that the Contractor

is given at least sixty (60) days notice of its intent to cancel. This provision should not be understood as waiving the State's

right to terminate the contract for cause or stop work immediately for unsatisfactory work, but is supplementary to that

provision. Any such cancellation shall have no effect on existing Authorized User agreements, which are subject to the same

60 day discretionary cancellation or cancellation for cause by the respective Authorized Users.

REMEDIES FOR BREACH:

In the event of a breach by the Contractor, it is understood and agreed that all rights and remedies afforded below shall be in

addition to all remedies or actions otherwise authorized or permitted by law:

a.

Minimum Cures:

i.

Minimum cures: Unless otherwise agreed to by the Authorized User, at a minimum, in order to be able to

address a failure of voting machine(s) or a failure in the provision of support and/or services, from pre-election day 30 up to

pre-election day 15, Contractor shall provide phone support which shall be available on each of said days, from 7:00 am to

10:00 pm, Eastern Time. When a problem with voting machine hardware, or software manifests itself within this 15-day

period, and same in unable to be resolved with phone support as provided by the Contractor, upon such notice by the

Authorized User, on-site support/assistance must be provided by the Contractor within 24 hours of such notice. If after such

on-site support/assistance, the failure still has not been resolved, upon notice of the board, new, replacement equipment must

be delivered to the board, no later than 48 hours after such notice. For the period of pre- Election Day 15 to pre-Election Day

1, telephone support shall be provided 24 hours a day, seven days a week. In addition, Contractor shall provide, upon request,

on-site support/assistance and/or equipment replacement as soon as requested, but in no event to exceed the time set for the

prior critical period [pre-Election Day 30 to 15.]

ii.

Beyond the State’s statutory and regulatory requirements, for the period including Election Day minus 1,

Election Day and Election Day plus 1, telephone support must be available during this entire 72-hour period. On Election Day,

in addition to phone support as defined above, the Contractor, upon notice of the Authorized User, shall promptly provide

on-site support.

election.

Cover

/

Substitute

Performance

In the event of Contractor's material breach not cured within the applicable notice and cure

period, the Commissioner, in conjunction with the NYS Board of Elections, and/or any Authorized Users may, with or without

formally Bidding: (i) Purchase from other sources; or (ii) If the Commissioner and the NYS Board of Elections, and/or any

Authorized Users, are unsuccessful after making reasonable attempts, under the circumstances then existing, to timely obtain

acceptable service or acquire replacement Product and Services of equal or comparable quality, the Commissioner and the

NYS Board of Elections, and/or any Authorized Users, may acquire acceptable replacement Product and Services of lesser or

greater quality.

Such purchases may, in the discretion of the Commissioner and the NYS Board of Elections, and/or any Authorized Users, be

deducted from the Contract quantity and payments due Contractor.

b.

Withhold

Payment

In any case where a question of non-performance by Contractor arises, payment may be withheld in

whole or in part at the discretion of the Commissioner and the NYS Board of Elections. Should the amount withheld be finally

paid, a cash discount originally offered may be taken as if no delay in payment had occurred.

c.

Bankruptcy

In the event that the Contractor files a petition under the U.S. Bankruptcy Code during the term of this

Centralized Contract, Authorized Users may, at their discretion, make application to exercise its right to set-off against monies

due the Debtor or, under the Doctrine of Recoupment, credit the Authorized User the amounts owed by the Contractor arising

out of the same transactions.

d.

Reimbursement

of

Costs

Incurred

The Contractor agrees to reimburse the Authorized User promptly for any and all

additional costs and expenses incurred for acquiring acceptable services, and/or replacement Product and Services. Should the

cost of cover be less than the Contract price, the Contractor shall have no claim to the difference. The Contractor covenants

and agrees that in the event suit is successfully prosecuted for any default on the part of the Contractor, all costs and expenses

expended or incurred by the Authorized User in connection therewith, including reasonable attorney’s fees, shall be paid by the

Contractor.

Where the Contractor fails to timely deliver pursuant to the guaranteed delivery terms of the Contract, the ordering Authorized

User may rent substitute equipment temporarily. Any sums expended for such rental shall, upon demand, be reimbursed to the

Authorized User promptly by the Contractor or deducted by the Authorized User from payments due or to become due the

Contractor on the same or another transaction. Any sums required to be expended by the Authorized User in order to carry out

their statutory election responsibilities shall be reimbursed promptly by the Contractor or deducted by the Authorized User

from payments due or to become due to the Contractor on the same or another transaction.

e.

Deduction

/

Credit

Sums due as a result of these remedies may be deducted or offset by the Authorized User from

payments due, or to become due, the Contractor on the same or another transaction. If no deduction or only a partial deduction

is made in such fashion the Contractor shall pay to the Authorized User the amount of such claim or portion of the claim still

outstanding, on demand. The Commissioner and the NYS Board of Elections reserve the right to determine the disposition of

any rebates, settlements, restitution, liquidated damages

GROUP

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AWARD PAGE

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AND BALLOT MARKING OR OTHER VOTING DEVICES

ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES

21231a01.T01mls

SHORT TERM EXTENSION:

In the event the replacement contract has not been issued, any contract let and awarded hereunder by the State, may be

extended unilaterally by the State for an additional period of up to one month upon notice to the contractor with the same terms

and conditions as the original contract including, but not limited to, quantities (prorated for such one month extension), prices,

and delivery requirements. With the concurrence of the contractor, the extension may be for a period of up to three months in

lieu of one month. However, this extension terminates should the replacement contract be issued in the interim.

MINIMUM ORDER:

Minimum order is $100.00.

Contractor may elect to honor orders for less than the minimum order. For such orders, at the contractor’s option, shipping

costs from the contractor’s address (as stated in bid) may be added to invoice with a copy of the freight bill. Shipping costs are

to be prepaid by contractor and such orders are to be shipped on an F.O.B. destination basis. All such orders must be shipped

by the most economical method for the proper delivery of the product unless special instructions are stated on the order by the

authorized user.

PAYMENTS:

Contractor and the distributors/resellers designated by the Contractor, if any, shall provide complete and accurate billing

invoices to each Authorized User in order to receive payment.

Invoices shall only be submitted upon receipt of a written,

signed, formal notice of inspection for the specified Product by the Authorized User’s Purchasing Official. Such notification

shall not be unreasonably withheld.

Billings for Authorized Users must contain all information required by the Contract and the

State Comptroller. The State Comptroller shall render payment for Authorized User purchases, and such payment shall be

made in accordance with ordinary State procedures and practices. Payment of Contract purchases made by Authorized Users,

other than Agencies, shall be billed directly by Contractor on invoices/vouchers, together with complete and accurate

supporting documentation as required by the Authorized User.

Payment shall be due upon acceptance in accordance with the following Payment Schedule:

60% at the completion of

acceptance testing and acceptance at the central location, 20% at delivery to the Authorized User after the completion of

acceptance testing and 20% after the first general election.

PRICELISTS AND CATALOGS:

Contractor shall complete the pricelist provided herein. Pricelists shall also state whether prices includes cost of travel, meals

and lodging where applicable. In addition, Contractor may be required to furnish, without charge, price lists identical to those

accepted with their bid, including any changes (additions, deletions, etc.) pursuant to the contract, to Authorized Users which

request them. Price lists may be furnished in either hard-copy or electronic format. If available in both formats, they shall be

furnished in the format preferred by the requesting Authorized User. Upon request the Contractor shall assist Authorized Users

in the use of price lists.

INTERNET ACCESS TO CONTRACT & PRICING INFORMATION:

Access by Authorized Users to Contract terms and pricing information may be made available and posted on the Internet.

DELIVERY:

Delivery for Acceptance Testing:

Vendors must make delivery of machines for acceptance testing to the centralized acceptance testing location

specified by the New York State Board of Elections and the New York State Office of General Services as required by the New

York State Board of Elections. Once acceptance testing is completed, the vendor is responsible for repackaging and shipping

the machines to the Authorized User. Delivery shall not be complete until acceptance testing has been completed in

accordance with the procedures established for acceptance testing by the New York State Board of Elections. Said procedures

shall comply with §6209.10 and the guidelines established by the New York State Board of Elections.

General Delivery After Acceptance Testing:

Delivery must be made as mutually agreed to in the purchase order issued by the Authorized User or the New York

Office of General Services. It is expected that there will be in initial delivery, to accommodate Authorized User training and

outreach needs, and incremental deliveries, as per production schedules provided by vendors, with the balance of machines

delivered no later than 30 days prior to use by the applicable County Board of Elections and in accordance with the terms of

the Contract or Contract Award Notice.