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CONTRACTUAL ISSUES REGARDING THE PURCHASE OF AN AFIS            213



          contract may provide the authority to acquire these “optional” services and
          goods, additional approvals might be required. For example, it may be neces-
          sary to develop a mechanism for the control agencies to approve a work order
          for additional software customization. Inclusion of these options in the contract
          eliminates the time involved in developing a new contract (either through com-
          petitive or non-competitive means) or amending the existing AFIS contract to
          address the new needs. It should be used as a planning tool.
            In a procurement for which the vendor will operate the AFIS, this section
          would address the need or expectations for backup power systems, such as unin-
          terruptible power supplies and data backups. It would address hours and days
          of availability, location of services, and other related topics.
            Stated broadly, an AFIS acquisition and related scope of services addresses
          six main items: (1) hardware, (2) software, (3) training, (4) consulting (or
          extra) services, (5) conversion services, and (6) maintenance (of hardware and
          software). While maintenance is sometimes negotiated as a separate contract
          using a non-competitive procurement, in order to obtain an accurate reflection
          of the total costs associated with the acquisition, it is strongly recommended
          that maintenance pricing be obtained in the same procurement. Otherwise, a
          governmental agency may find itself in the difficult position of obtaining an
          AFIS with unexpectedly high annual maintenance costs.

          9.7.3.1 Hardware
          Without belaboring the obvious, the nature of machines and equipment such
          as central processing units, disks, tapes, modem, cables, etc., raises issues dif-
          ferent from services or software. The kinds and types of hardware obtained are
          dependent upon the specific nature of the AFIS and how it will be deployed.
          These concepts, however, should be addressed in the RFP regardless of the
          nature of the AFIS. While numerous other concepts must be addressed (e.g.,
          shipping and delivery, installation of the AFIS), these issues are not uniquely
          handled in an AFIS procurement.


          • Purchase Transaction: In most governmental transactions, the government will
          take ownership of the hardware through a straight purchase. After installation
          and successful completion of acceptance testing, the government pays for the
          hardware and becomes the owner. However, this is not always the case. Depend-
          ing on the requirements of the jurisdiction and the funding source identified,
          other financial options could be considered. If an alternative to a straight pur-
          chase is contemplated, it should be clearly stated in the RFP. Possible alterna-
          tives include a straight lease (the government pays for use of the hardware but
          does not acquire ownership), a lease with option to purchase (the government
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