Page 206 - Automated Fingerprint Identification Systems (AFIS)

CHAPTER 9

CONTRACTUAL ISSUES REGARDING
THE PURCHASE OF AN AUTOMA TED
FINGERPRINT IDENTIFICA TION
SYSTEM

Lisa K. Fox, Senior Attorney

9.1 INTRODUCTION
This chapter identifies various topics to consider and explore when procuring
an Automatic Fingerprint Identification System (AFIS or System). Procurement
of an AFIS is a time-consuming and complicated undertaking. Critical to its
success is a thorough understanding of the business needs driving the AFIS pro-
curement and the obligations imposed by the procurement process.
Information technology procurement in general, and AFIS procurement in
specific, requires substantial amounts of planning and dedication of resources
to increase the probability of success. Unlike purchases of commodities with
standard specifications, well-understood expectations of performance, and
minimal risk associated with errors, an AFIS procurement may involve a series
of unknowns, or half-knowns, and a wide range of assumptions. An AFIS may
not be usable if specific performance criteria are not met. Procurement of an
AFIS involves a substantial expenditure of funds for a proprietary system, the
operation of which can have a direct and critical impact on people’s lives. Gen-
erally, once a vendor’s technology is implemented, it is uncommon for a user
to change either the vendor or the technology due in part to the large expenses
associated with creating the database. Further, as technology improves, a vendor
may present relatively inexpensive options for migrating to the more advanced
technology, thereby decreasing the probability of vendor change.
This chapter does not discuss actual terms and conditions for an AFIS solic-
itation or resulting contract. Much material exists on this subject, and there is
too much variation dependent upon the nature of the AFIS and the applicable
statutory and regulatory requirements. Instead, based on the author’s personal
experiences in the AFIS procurement environment, it identifies topics that a
governmental employee, such as a program analyst and manager, should
explore and consider, with suggestions for addressing these concepts. It
also identifies selected topics that are not ordinarily the focus of an AFIS pro-
curement, but that can have a major impact on the process. While written