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9.6.2.4 Affirmative Requirements Imposed by the Funding Source
Governments may engage in alternative forms of procurement funding. Lease
purchasing arrangements are one such funding source that could impose addi-
tional requirements. In this instance, if a governmental agency determines that
a procurement will be funded through a lease purchase arrangement, the spe-
cific requirements must be incorporated into the solicitation. For example,
in New York State, lease purchasing is permitted under express circumstances
and requires the inclusion of contract language addressing the ownership of
customized products. (See http://www.budget.state.ny.us/bprm/bulletins/
h-1026.html for more information.) It imposes minimum expenditure require-
ments and precludes financing of maintenance and training costs. The vendor
must also be obligated to execute such documents as required by the govern-
ment under these financing arrangements.

9.7 LEGAL CONSIDERATIONS WHEN DEVELOPING
THE PUBLIC PROCUREMENT SOLICITATION
At this junction, the governmental entity would have completed an analysis of
its business needs, identifying the problem it seeks to solve and means for a res-
olution. It would have acquired the necessary approvals to obtain an AFIS,
including any approvals associated with the funding, and is ready to develop
the solicitation document. What follows is a discussion about specific issues to
consider when developing the solicitation.
In general, the RFP or solicitation answers the questions of who, what, where,
how, and when associated with a public procurement, but not necessarily in
that order. Recall that an underlying requirement of public procurement is a
fair and open process, and a critical part of providing a fair and open process
is that everyone gets the same information in the same manner at the same
time. The RFP is the key instrument used to convey all relevant information to
vendors. It provides the framework for the vendors’ submissions of proposals
and establishes the basis for evaluating proposals. Further, it identifies many of
the terms and conditions that will be included in the resulting contract. A well-
thought-out and thorough RFP is critical to the successful implementation of
an AFIS.
Statutory provisions often govern how the RFP or solicitation is provided to
the vendor community. Generally, specific public notification is required of the
procurement opportunity. A copy or notice of the RFP may also be sent to the
known vendors in the field, advising of the opportunity. For example, in New
York State, a law requires notification of procurement opportunities over
$15,000 in value in a specific publication, entitled the New York State Contract
Reporter. (See New York State Economic Development Law Article 4-C.)