Key Considerations: Procurement, Production and Delivery
For Implementing Bodies
- Do the procurement documents for e-voting or e-counting hardware include technical specifications that detail key issues required of vendors including types of technology, security and authentication mechanisms, environmental conditions, accessibility requirements, software and source code requirements?
- Does the Request for Proposals outline expectations regarding intellectual property rights agreements; division of responsibilities between vendor and EMB; specifics of electoral system that equipment has to address; specifics for security of voting or counting equipment; hardware and software requirements for results production and dissemination systems; and maintenance and storage requirements.
- Is the evaluation criteria detailed in the Request for Proposals?
- Does the procurement process put in place mechanisms to ensure that all steps of the process are transparent and engage electoral stakeholders at appropriate steps in the process?
- Is sufficient time allocated for the procurement process to meet transparency and inclusiveness goals?
- Is there sufficient time allocated for the EMB to come to terms on a contract with the selected vendor?
- Does the contract vehicle contain specific benchmarks for timely delivery of equipment and services from the selected vendor, as well as clearly defined penalties for failure to meet benchmarks?
- Are contractual agreements made publicly available?
For Oversight Actors
- Do the procurement documents cover everything that is required from the technology provider (see above)?
- Is the overall procurement process conducted in an impartial and transparent manner?
- Is the bidding process open to all vendors and competitive?
- Are the criteria for evaluation defined before the procurement process and communicated in the bidding document?
- Is the evaluation process transparent, and does it provide sufficient written documentation that allows observers to determine whether decisions were made strictly on the basis of the evaluation criteria?
- Does the selected vendor have any links to and/or conflicts of interest with relevant public officials, political leaders, candidates and/or parties?
- Are contractual documents made available to the public, so that observers can monitor the extent to which vendors comply with their obligations during the process?
- Does the contractual arrangement ensure that the EMB will remain in control of the relationship with the vendor and that the vendor is accountable to the EMB? Similarly, is the role of the vendor vis-à-vis the EMB clearly defined?
- Is the contractual timeline realistic? What are the obligations of vendors if the timeline or other terms are not met?