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BID BULLETIN No. 3
March 10, 2008 Public Bidding for
the Automation of the 2008 ARMM Elections
29 February 2008

- See also Invitation To Apply for Eligibility and to Bid; Bid Bulletin Nos. 1 , 2, 4 and 5 -

     The public is hereby notified of the following clarifications on the Request for Proposal (RFP) for Specifications, Terms and Conditions for the Automation of the Voting, Counting, Transmission and Canvassing of the August 11, 2008 Elections in the Autonomous Region in Muslim Mindanao (ARMM):

I. BIDDING


QUESTION ANSWER
1. Annexes K-3-1A and K-3-1B only provides one column for Price. Is this column for the lease price or the lease-with-option-to-purchase price?
  • Format of affected ANNEX (template) is modified to reflect prices for ONE-TIME LEASE and PURCHASE OPTION in separate columns (for List of Goods With Prices) and rows (for Global Summary).

  • PURCHASE OPTION refers to the additional amount to be paid by COMELEC when it exercises its option to purchase.

  • Hard and soft copies of the concerned templates in Microsoft Excel format may be obtained from the BAC Secretariat.
2. Is the number of machines needed and mentioned in Annex A and J a fixed number or is there flexibility to how many machines can be proposed? It is the minimum, but the bidder may propose additional machines if it believes that more are needed to complete the voting and counting processes within the prescribed period.
3. Is there a need to quote the price of ballot boxes? No. In the RFP, the bidder is only required to submit a proposed design for the appropriate ballot box. The ballot box will be manufactured locally.
4. What constitutes minor defects that may be waived? A minor defect that may be waived is one which does not affect a bidder's eligibility standing or financial offer, e.g., a missing initial on a page.
5. Should the person signing the bid also initial the bids? What is signed and what is to be initialed?
  • All pages of the bid documents shall be initialed unless a page requires the full signature of the authorized signatory.

  • The person signing the bid should be the same person to affix his initials.
6. What provisions and how taxes and prices shall be presented in case the purchase option will be taken?
  • All bids must definitely include all taxes, import duties and all incidental expenses.

  • Taxes shall be indicated in the column "OTHER COST" of Annex K-3.
7. Does the budget in page 72 include the lease with the option to purchase or just the lease? The 867M budget estimate is for outright purchase. The lease proposal should not exceed 70% of the budget estimate.
8. In case of a Joint Venture prior to submission of the bid, is there a need to formally incorporate?
  • The joint venture need not be incorporated formally prior to the bidding.

  • Each member of the joint venture should be jointly and severally liable to each other and to the Commission.

  • Each member of the joint venture, whether Filipino or foreign, should comply with the eligibility requirements in Part V of the RFP.
9. When will the draft of the contract and payment terms be disclosed? The BAC will release the draft contract and payment terms in the next Bid Bulletin.
10. Will the selection of the winning bidder be based on cost of the lease or in the cost of the lease with the option to purchase? Selection will be based on the offer that will be most beneficial to the Commission taking into consideration the lowest calculated responsive bid.
11. How will the Project be awarded? The Project will be awarded per Lot. Accordingly, there will be as many winning bidders as there are Lots.
12. Is there a time frame when COMELEC will exercise its option to purchase? Yes. The option may be exercised prior to the 2010 elections, the preparation of which will commence not later than mid-2009.
13. The specification on the proposed system having been successfully used in a prior actual public political election excludes all Filipino businesses that would embark on this venture. This specification is necessary to minimize the risks involved.
14. Is it possible to extend the deadline for the submission of bid documents to March 14, 2008. No, because of the tight schedule as shown in the General Implementation Calendar.
15. Will COMELEC exercise RA 9369 Sec. 10 on tax-free importation from foreign sources?
  • Yes. Bidder only needs to coordinate with COMELEC so that a request for tax exemption may be made with the Bureau of Customs.

  • All other taxes aside from importation taxes shall be shouldered by the supplier.
16. Will COMELEC be open to multiple winners for Lot 2-A and 2-B? No. Each Lot will be awarded to 1 bidder only.


II. ALL LOTS


QUESTION ANSWER
17. Does this mean that precincts with a maximum number of voters can't be clustered? An established precinct has a maximum number of 200 registered voters. Even if an established precinct has the maximum of registered voters, it can still be clustered with a maximum of two other established precincts provided that the total number of registered voters in the clustered precinct does not exceed 400.

Bidders will not be the ones to propose their own clustering of precincts. The COMELEC will provide bidders with the final clustering of precincts some time in May to June. However for purposes of computing the required number of machines to be proposed by the bidders, the present clustering, as shown in Annex A, is used.
18. Having age group and gender registered could compromise the secrecy of the vote? Is this information related to the voter registration and voter's lists?
  • Indicating the age group and gender does not sufficiently identify the voter, therefore the secrecy of the ballot is not compromised.

  • No. This information is not related to the voter registration and the voters list. It can be done by adding 2 more "questions" on the ballot on age group and gender.
19. Given the confidentiality of voters, should bidder publish the statistics on the demographics of votes? The statistical report required in the RFP on gender and age group does not violate voter's secrecy as explained in the answer to question no. 18.
20. How many units will be required, how long will the duration of the mock election and field test be and where will this take place (which precincts)?
  • Field test:

    • Test areas:

      • Maguindanao (1 municipality, 2 precincts)

      • Lanao del Sur (1 municipality and Marawi City; 2 precincts each)

    • Requirements:

      • 3 DREs with ETS and printer,

      • 2 OMRs with ETS and printer,

      • 3 city/municipal CCS with ETS and printer,

      • 2 provincial CCS with ETS and printer,

      • 1 regional CCS with ETS and printer,

      • 1 central back-up unit with ETS & printer,

      • 400 ballots for each of the 2 ballot faces for Lanao del Sur (templates to be provided)

    • Bidder to provide all supplies and materials needed for voting using ACS and generation of reports, including backup power supply and backup units.

  • Mock elections:

    • Areas:

      • 1 city/municipality for every district of ARMM (8 cities/municipalities)

      • 2 precincts each city/municipality (16 precincts)

    • Requirements:

      • 2 DREs with ETS and printers,

      • 7 OMRs with ETS and printers,

      • 8 city/municipal CCS with ETS and printer,

      • 6 provincial CCS with ETS and printer,

      • 1 regional CCS with ETS and printer,

      • 1 central back-up unit with ETS and printer,

      • 400 ballots for each of the 7 ballot faces for all provinces except Maguindanao (templates to be provided)

  • Bidder to provide all supplies and materials needed for voting using ACS and generation of reports, including backup power supply and backup units.
21. A bidder cannot submit the accuracy rating test because the DOST has not done any tests on the model to be offered. Certification from DOST is not required at the time of the opening of the bids. However, said certification is required prior to an award, after the demo units have undergone testing by DOST.
22. Who shall provide the security during transportation of the units? Prior to actual systems acceptance, the bidder shall be responsible for all aspects of security. After acceptance, the bidder shall remain responsible for the insurance of the units whereas the COMELEC will be responsible for actual physical security.
23. Who will be responsible for the equipment during the lease period? Both the COMELEC and the winning bidder shall be responsible for the equipment in accordance with the answer to question no. 22.
24. How many copies of the statistical report and the audit log report are to be generated? Only 1 copy is required for the statistical and audit log reports.
25. How many demo units to be submitted? At least 2 demo units are required to be submitted, inclusive of 1 unit for backup.
26. Can the bidder offer previously used equipment? No.
27. Should the bidder submit all the documentations as mentioned, specifically, "Diskettes, tapes, or compact disks containing copies of all source code files required to develop the system object code and firmware"? No. This is only required from the winning bidder.
28. Will the source code be submitted also during bidding? No. This is only required from the winning bidder after final customization of all systems.
29. How is the Commission going to protect the intellectual property rights of the qualified bidder?
  • For the COMELEC's test, it can be ensured through a non-disclosure agreement (NDA).

  • However, for the test to be conducted by parties other than the COMELEC, similar arrangements must be entered into by the supplier and the third party.
30. Will there be any cost added to bidder prices (representing cost to the government to deploy and implement the solution/system) that will then be considered with respect to bidder compliance with the bid budget? No. The RFP provides that all costs for all needs to make the system fully operational must be included in the proposal, including deployment, warehousing, installation, pullout, etc. However, for physical security, please refer to the answer to question no. 22.
31. Do bidders include a proposal for the provision of generator sets? Yes. The RFP provides that the bidder must include all requirements to make the system fully operational, including all power requirements.
32. If the machines will be using a special OS, does the bidder still need to provide anti-virus software? Yes. The RFP provides in Part VI A-21 that anti-virus software be installed in the EVM/ACM.


III. LOT 1-A: ELECTRONIC VOTING SYSTEM (EVS) with Election Management System (EMS)


QUESTION ANSWER
33. What certification is needed for requirement on accessibility for illiterates and disabled? There is currently no specific certification required. However, this is subject to the possibility of such certification being required in the future.


IV. LOT 1-B: AUTOMATIC COUNTING SYSTEM (ACS) with Election Management System (EMS)


QUESTION ANSWER
34. 34. Can other scanning technology be used besides OMR? OMR is used in its generic sense. As long as the scanning technology uses paper ballots and marks to indicate votes, it will be considered as OMR.


V. LOT 2-A: SECURE ELECTRONIC TRANSMISSION SYSTEM (ETS)


QUESTION ANSWER
35. Can we consider a time equivalent (maximum amount of time for each transmission) to establish the minimum speed? There is no time equivalent specified for transmission. However, the RFP specifies the minimum transmission bandwidth of 1 Mbps.
36. Will the Commission consider adopting LAN, as well as WiFi technology? The bidder is free to propose whichever technology or combination of technologies is suitable for the area as long as it is secure.
37. What will be the preferred connection of the DREs to the canvassing centers? There is no preferred connection. The bidder is free to propose whichever technology or combination of technologies is suitable for the area as long as it is secure.
38. Will the primary and the secondary transmission link be on-line at the same time? No. The secondary link is meant to act as a backup in case the primary link fails.
39. Are we supposed to provide a 1Mbps link for both the primary and secondary transmission links? Yes.
40. Will the primary and secondary link run on a different transport network? Like 1 on IP platform and the other on a clear channel connection. Yes, as long as they are secure and reliable.
41. Can we provide the transmission links using multiple telecom carriers and ISPs? Yes, as long as they are secure.


VI. LOT 2-B: CONSOLIDATION/CANVASSING SYSTEM (CCS)


QUESTION ANSWER
42. Should a demo unit for Lot 2-B be included also? Yes.


VII. LOT 3: SYSTEMS INTEGRATION AND OVERALL PROJECT MANAGEMENT


QUESTION ANSWER
43. Annex K-6 (List of Trainings) lists course titles in which are included courses that are not listed in the RFP. Which will prevail, the training requirements in the RFP or the annexes' requirements?
  • Annex K only lists sample entries which may or may not be applicable to a bidder's proposal. Bidders may propose other training modules pertinent to their system.

  • Since Lot 3 covers website requirements which will be turned over to the COMELEC afterwards, trainings needed for its maintenance by COMELEC on its own should be included in the proposal.

  • All option-to-purchase proposals should also cover all applicable trainings for transfer-of-technology.
44. Is Annex K-5-3 only for Lot 3 services only? It's title says List of Services with Prices (Lot 2-3) Annex K-5-3 refers to Lot 3.
45. Do the services requirements (plans, descriptions, etc.) have to be included in the technical specifications for each lot or can they be presented in a separate section exclusive to services? Service requirements may be included in the technical specifications for each lot. However, if the service requirements are presented in a separate section, the list of services must be clear to which Lot each service refers.  Service requirements may be included in the technical specifications for each lot. However, if the service requirements are presented in a separate section, the list of services must be clear to which Lot each service refers.
46. What is the expectation on Lot 3 in terms of systems integration? Will Lot 3 bidder manage both Lot 1-A and Lot 1-B implementation, if offeror bid for just either Lot 1-A or Lot 1-B? Lot 3 is intended to integrate all lots and provide overall management.


VIII. OTHER ISSUES


47. For systems evaluation, the following are the other requirements, aside from those already mentioned above:
  1. 12,000 pre-marked test ballots (ARMM elections setup) for accuracy and stress tests

    1. 2 Ballot faces:

      • 11,000 ballots for 1st ballot face (for Marawi City, Lanao del Sur);

      • 1,000 ballots for 2nd ballot face (for Balabagan, Lanao del Sur)

    2. Ballot templates are provided in the CD for Bid Bulletin No. 3

  2. Additional 400 unmarked/unshaded OMR ballots with the same ballot template (for Marawi City) for sensitivity tests

  3. Conduct of simulation as specified in Part VI G-4:

    1. March 13 to 14, 2008

    2. End-to-end process (i.e. from preparation of election configuration to canvassing using ARMM elections setup)

    3. Printing of 30 copies of ER, and 1 copy each of audit log and statistical reports

    4. Demonstration of systems reconfiguration for national and local elections
48. Electronic transmission of precinct results shall be direct from the EVM and ACM.
49. 49. Soft copies of the revised format of the Election Returns (ER) and the inventory of electricity and power lines availability in the province of Maguindanao are also included in the CD for Bid Bulletin No. 3.


     All terms, conditions and instructions specified in the RFP that are not inconsistent with this Bid Bulletin shall remain applicable.

     29 February 2008