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CONTRACTUAL ISSUES REGARDING THE PURCHASE OF AN AFIS            201




                Conduct business needs analysis for AFIS – problem definition, identification and evaluation
                 of possible solutions, due diligence to support expenditure of public funds, etc. If needed,
                          obtain more information through a request for information (RFI).



                     Identify funding                      Identify requirements
                     source and any                        and obtain control
                     requirements.                         agency approvals.



                       Are AFIS acquisition needs best met by competitive or non-competitive procurement?





                                        Use non-competitive procurement        Negotiate contract with
               Use competitive          if only one vendor can meet needs      vendor and obtain
               procurement in           or if there are articulated            necessary approvals.
               all other cases.         business reasons to select a           Develop specifications
                                        certain vendor.  Develop               and functional needs.
                                        justification for non-competitive
                                        procurement (reasonableness of
                                        price and basis for selection).
                Develop request
                for proposal (RFP)                                                  Implement
                and the            Conduct evaluation and   Negotiate contract      AFIS in
                evaluation         determine and notify    with vendor and          accordance
                criteria; release   apparent awardee.      obtain necessary         with contractual
                RFP and conduct                            approvals.               terms and
                in accordance                                                       conditions.
                with its terms.



          two processes differ regarding how the vendor is advised of the government’s  Figure 9.1
          AFIS needs and how the contractual relationship is defined, each culminates  Contractual Decision
          in the development of written specifications and functionality and a contract  Flow
          to govern implementation and ongoing operation.



          9.5 STATUTORY AND REGULATORY REQUIREMENTS
          9.5.1 PUBLIC PROCUREMENTS IN GENERAL

          In addition to the general requirements placed on all governmental actions,
          there are additional requirements imposed on procurements. Complex
          requirements have developed governing the public procurement process. Gov-
          ernmental procurement has long been recognized as a tool supporting various
          socio-economic policies, such as minority and women business participation
          goals or small business purchasing. Thus, a critical early step is an examination
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