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specifically with respect to competitive procurements, the identified concepts
must also be addressed within a non-competitive acquisition. Thus, this chapter
is of value to governmental entities seeking an AFIS via non-competitive means.
As is true in most specializations, terminology has specific definitions and
meanings in the procurement arena. For the purposes of this chapter, specific
definitions are avoided, as it is not possible to consider all the possibilities and
terminology is used in a generic sense. The terms “contract” and “agreement”
are used interchangeably, as are the terms “procurement,” “purchase,” and
“acquisition.” For purposes of convenience, the entity acquiring the AFIS is
referred to as “government” or “government entity” or “governmental agency”
(or some variation), fully recognizing that such procurement could be made
by any level of government. “Vendor” is used to generally reference the entity
that supplies AFIS regardless of the stage of the procurement. The terms “solic-
itation” and “request for proposal” or “RFP” are interchangeably used to
describe the public document that defines the kind of AFIS sought and the
associated terms and conditions for its acquisition. The term “parties” collec-
tively references the governmental agency and vendor.
Further, acknowledging that not even a fraction of the laws and requirements
applying to governmental procurement could be discussed, New York state and
federal requirements are cited as examples of various concepts, as appropriate.
Finally, this chapter is not intended to provide legal advice. Instead, the goal
is to identify and raise issues for consideration within an AFIS procurement.
While specific suggestions are presented, ultimately any action must be based
on a thorough examination and understanding of the specifics involved in a
given procurement after consultation with legal counsel and approval by the
authorized decision makers for the jurisdiction.

9.2 PREPARING TO ACQUIRE AN AFIS
Automated fingerprint identification system (AFIS or System) technology is a
type of information technology that is commonly used for the identification of
persons, dead or alive. While the intended use of AFIS will govern the func-
tionality needed, there are topics common to all AFIS procurements.
Functional needs dictate how a procurement is designed. For example, if the
procurement is for a public benefits system, the governmental entity will deter-
mine if it will acquire services to operate the AFIS, including the enrollment
process. Generally speaking, a vendor would not handle the enrollment process
for forensic applications, since enrollment occurs within the context of crimi-
nal justice activities. Thus, the services obtained under the two procurements
greatly differ.