Page 226 - Automated Fingerprint Identification Systems (AFIS)

CONTRACTUAL ISSUES REGARDING THE PURCHASE OF AN AFIS 211

information to different vendors. In keeping with the concept of fairness and
ensuring everyone is provided the same information at the same time, the
written questions and responses should be provided to all vendors that received
the RFP. Use of a single point of contact helps to ensure that consistent
information is provided and to minimize possible omissions in circulating
information.
Depending on the nature of the AFIS procurement and the complexity of
the request, the RFP may include a pre-bidders conference. This is a recognized
forum for vendors to verbally pose questions and seek clarifications about a
solicitation. In keeping with the concept of fairness, these conferences are
usually audio- or videotaped or transcribed with the questions and answers pro-
vided to all vendors. As a result of the question-and-answer or pre-bidders con-
ference, the government agency may decide to amend the RFP. This section
normally addresses how an addendum would be issued.
It is fairly common for a RFP to require vendor registration to indicate inter-
est in the solicitation. While the registration does not compel the vendor to
submit a proposal, it often is set up so that only registered vendors receive the
questions and answers, RFP addendums, etc. It may also be set up as a pre-
condition to submitting a proposal. Registration can reduce the number of
vendors that must be sent ongoing materials (and arguably can reduce costs
associated with the procurement) and give the government a working estimate
of how many vendors are interested in the solicitation. On the downside,
missing the registration date can have massive ramifications for a vendor, espe-
cially if registration is established as a condition to submit a bid.
This section also addresses the manner in which the proposal must be sub-
mitted. It details who is authorized to receive the proposals, the format of the
proposal, the number of copies required, and, most importantly, when the pro-
posals must be submitted and the consequences of late submission. Generally
speaking, for large, complicated procurements like an AFIS, the RFP provides
detailed instructions and perhaps even forms for submitting information. A key
issue to be aware of is whether the cost proposal must be submitted separately
from the remainder of the proposal. In some jurisdictions, separate sealed
submission of cost information may be statutorily required. Many evaluation
schemes are established as multi-tiered reviews, and cost may become a review
factor only if the proposal passes earlier evaluations with sufficient points (or
whatever criteria is established). The thought seems to be that cost should not
be reviewed earlier so it does not influence the evaluation process. Addition-
ally, a separate team may be established to review the cost proposal, as it requires
a very different skill set from a review of functional and technical specifications.
As a result, many RFPs require the separate, sealed submission of the vendor’s
cost proposal.