Title
Resolution - Approval to Award and Negotiate and Contract with Election Service Provider - A Stover
Other Info
Submitted By: Andrea Stover
Department: General Counsel
Financial Impact and Cost/Benefit Considerations: As discussed in Executive Session.
Discussion
The Pedernales Electric Cooperative, Inc. (PEC or Cooperative) Bylaws provide that “the Cooperative shall designate an independent election service provider to conduct services as specified in [the] Bylaws or otherwise determined by the Board of Directors (the "Election Service Provider")”. The Board last awarded a contract for independent election services in July 2022 (2022-249) to Survey & Ballot Systems, Inc. (SBS) The Cooperative’s current contract expires on November 1, 2025.
Section 4.2 of the PEC Election Policy and Procedures provides that “when the Board decides to solicit for election service providers, the Board shall direct the General Counsel to initiate a competitive procurement to identify and recommend to the Board the most qualified Election Service Provider. In any such decision the Board should recognize that such procurement will typically take between four and six months. Unless the Board directs otherwise, a competitive procurement will be performed every three years.”
Under the direction of the General Counsel, the Elections Request for Proposal (RFP) Committee was established to seek competitive quotes and proposals from vendors for election services for a contract beginning January 1, 2026. The RFP for election services was issued in June 2025 seeking competitive bids under RFP #2025-1378. The Elections RFP Committee consisted of employees from Member Relations, Compliance, Cybersecurity, Information Technology and Legal departments.
After review of the bids in response to RFP#2025-1378, the Elections RFP Committee determined that SBS was the most qualified election service provider based on the criteria set out in Section 4.3 and Appendix B of the Election Policy. The basis for the award and general terms of SBS’s elections services are discussed in Executive Session, with the more specific contractual terms to be negotiated consistent with the requirements in the Elections Policy.
BYLAWS
ARTICLE II - Meetings of Members
Section 7. Election Service Provider. The Cooperative shall designate an independent election service provider to conduct services as specified in [the] Bylaws, or otherwise determined by the Board of Directors (the "Election Service Provider").
ELECTIONS POLICY
Section 4.2
When the Board decides to solicit for election service providers, the Board shall direct the General Counsel to initiate a competitive procurement to identify and recommend to the Board the most qualified Election Service Provider. In any such decision the Board should recognize that such procurement will typically take between four and six months. Unless the Board directs otherwise, a competitive procurement will be performed every three years.
Section 4.3
Criteria for recommendation or selection of an Election Service Provider will include: experience, technical capability, past performance, understanding of and ability to comply with PEC Bylaws, policies and procedures, capability to integrate with PEC IT infrastructure, and ability to preserve and enhance the credibility of the Election process. Any prospective Election Service Provider must meet the technical and security qualifications established by PEC and attached as Appendix B. Any such vendor shall establish its qualifications in this regard by providing detailed descriptions of demonstrated performance in quality-control methods and testing, system security specifications, and policies regarding storage, transmittal access to and retention of Member information and voting data.
Body
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that based on the determination of the Election RFP Committee as discussed in executive session, SBS is designated as the election service provider for the next three years subject to the final negotiated contract terms; and
BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS that the General Counsel, or designee, is authorized to take any actions necessary to implement this resolution.