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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