Belgium – Custom software development services – Procédure concurrentielle avec négociation pour le développement d’un système incluant l’enregistrement des procurations, le pointage des électeurs et le vote électronique off line avec preuve papier

The contracting authority chooses the competitive procedure with negotiation (Law of 17 June 2016, art. 38, §1, al. 1, 1°, c.) • Need to negotiate

The contract in question is particularly complex due to the development of a new offline electronic voting system optionally coupled with an electronic registration system that can also be used for a traditional "paper" voting procedure. Furthermore, this system imposes important security specifications. Finally, the development must also provide for an online management application for proxy votes. Using an open procedure, for example, would strongly risk receiving irregular or incomparable tenders. The competitive procedure with negotiation should enable the contracting authority to put all candidates on an equal footing and understanding of the contract in order to receive qualitative and comparable BAFOs. This is a joint services contract (in the sense of art. 2, 48°, of the Law of 17 June 2016 on public procurement), organised on behalf of the SPF Interior (DG Identity and Citizenship Affairs) and the following federated entities: Flemish Region, Walloon Region, Brussels-Capital Region and German-speaking Community. Several contracting authorities are involved in this contract, namely: the Belgian State (SPF Interior), the Flemish Region, the Walloon Region, the Brussels-Capital Region, the German-speaking Community, the main electoral offices set up during the European, federal, regional and community, provincial, municipal and district elections, as well as during the direct elections of CPAS members and on the occasion of regional or municipal popular consultations, the municipalities and the provinces. The contract is not divided into several lots. Although the contract includes several tranches, it is not possible to split this contract into several lots as the various services and/or supplies of tranches 2 and 3 require in-depth knowledge of the solution that will be developed in tranche 1. Different providers would therefore not be able to acquire overall knowledge for tranches 2 and 3 without precisely knowing tranche 1 and thus submitting objective and qualitative tenders. Furthermore, the different adjudicating entities must be assisted in the same way to avoid contradictions between the different responses and thus ensure equality in the electoral process. This is a mixed contract (A.R. 18 April 2017, art. 2, 6°) composed of the following tranches: • tranche 1 is at a global price per module; • tranche 2 is at a schedule of prices; • tranche 3 is at a schedule of prices. In accordance with Article 57 of the Law of 17 June 2016, the contract is a contract divided into firm and conditional tranches. As part of this contract, the firm tranche 1 covers the development of a new system including: o The prior registration of proxies for an election, o The electronic registration of voters in a polling station, o The offline electronic voting with paper proof in a polling station (hardware and software), o The follow-up of developments by an approved body and the opinion of the latter on the possibility of testing, during an experiment, the modules described, opinion issued within the development deadlines that will be mentioned in the special technical specifications. o The opinion of the approved body will not release the tenderer from these obligations to develop the modules that would not be ready for experimentation: it will always have to continue the developments and the calculation of the penalties for delay – which will be determined in the special technical specifications - will continue. o The opinion by an approved body of the conformity of these systems (hardware and software) with the provisions of the special technical specifications. As part of this contract, the conditional tranche 2 allows for the ordering of services relating to the experimentation of the modules developed as part of tranche 1 during a test phase, outside an electoral period, on a reasonable scale simulating a real election. Only the module(s) experimented on this occasion will be used during the May/June 2029 elections. This tranche will be notified to the selected tenderer after a decision by the managing service noting the good progress of the development of the modules of tranche 1 on the basis of an opinion from the approved body. As part of this contract, the conditional tranche 3 allows for the ordering of: • Software maintenance services for the system developed as part of tranche 1 and experimented in tranche 2, • Hardware related to the system developed as part of tranche 1 and experimented in tranche 2, • Services and supplies related to the system developed as part of tranche 1 and experimented in tranche 2 (for example, among others, training for the services or memory aids for the supplies). This tranche will be notified to the selected tenderer after a decision by the managing service noting the good progress of tranche 2.