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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