Page 214 - Automated Fingerprint Identification Systems (AFIS)

CONTRACTUAL ISSUES REGARDING THE PURCHASE OF AN AFIS 199

Table 9.1
Competitive versus Non-competitive Process

Competitive Procurement Process Non-competitive Procurement Process

Request for Necessitates development of detailed While no RFP is required, government must
proposals (RFP) RFP to document business need and still engage in due diligence and document the
methodology for receiving and decision-making process.
evaluating proposals.
Reasonableness Established through the competitive Must be separately researched and analyzed by
of price process. government. May be difficult to identify
benchmarks to establish reasonableness.
Justification for Based on application of evaluation Must be separately established by government.
selection criteria set forth in RFP. The May be subject to greater scrutiny by control
competitive process tests agencies and allegations of favoritism.
appropriateness of evaluation criteria
as do the questions and answers
provided during the competitive
process.
Contract RFP may be used to narrow the range No formal mechanism to narrow range of
negotiations of negotiated items, thereby negotiated items or decrease time commitment
decreasing the time required at for negotiations. May need to re-analyze and
this stage. May also be used as rearticulate business needs. Government is
means to collect counter proposals. arguably in a less favorable negotiating position,
Government is arguably in a more as it has made the representation that the
favorable negotiation position, as both vendor is either the only one that can provide
parties are invested in the procurement. the AFIS or the preferred provider of the AFIS
for stated reasons.
Workload Substantial investment of effort in While RFP is not prepared, government must
implications development of RFP and evaluation still invest effort to determine its business
methodology. Provides a formal and needs and that the vendor’s AFIS meets those
quantifiable testing methodology to needs. While multiple vendors’ products may
determine that the vendor’s AFIS meets be reviewed, not all are subject to an in-depth
needs. review.
Evaluation Conduct pursuant to the RFP. Use of While no formal process, government still
tiered evaluation process may must substantiate its business needs and
disqualify unsuitable products or articulate how the vendor’s AFIS meets these
vendors early in the process, needs. Provides lesser certainty that the vendor’s
decreasing the evaluation time product meets business needs than competitive
required. Provides greater certainty process and is a less public process with fewer
that the vendor’s product meets established controls.
business needs.

a competitive procurement, the government states its needs and expectations
and evaluates the proposals submitted. There is an inherent message that the
vendor, who has invested a great deal of time and effort to get to the point of
contract negotiation, is not the only game in town. The governmental entity
has a motivated vendor who is looking to recoup actual expenses and may bring
a more amendable tone to the negotiations. Further, as a result of the RFP