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use of the informal complaint process or the filing of a bid protest does not
necessarily negate the procurement, it can result in delays to the contract award
or the refusal of a control agency to approve a contract.
A vendor can also institute litigation to challenge procurement-related deci-
sions. Generally speaking, once there is a final decision by a governmental offi-
cial, litigation can be brought to challenge the basis of the decision on the
grounds that it was wrong, unreasonable, or arbitrary and capricious. For
example, in New York State, Civil Practice Law and Rules Article 78 governs lit-
igation challenging the government’s procurement decision. Litigation often is
accompanied by an order from the court prohibiting the government agency
from continuing with the procurement. Litigation may delay the contract award
for an extended period, rendering the pricing and the technology obsolete.

9.10 CONCLUSION

An AFIS procurement is incremental in nature. Each analysis and decision
builds on prior ones, providing the foundation for the procurement and project
implementation. A well-thought-out and researched RFP, reflecting both the
short-term and the long-term AFIS needs, provides the necessary framework
for a successful acquisition. Statutory and regulatory requirements and the
control environment guide the acquisition process, necessitating early identifi-
cation and consideration. Selected funding streams may impose additional
requirements. The business needs analysis identifies the AFIS specifications,
functionality, and scope of work requirements. Business needs analysis further
defines the evaluation criteria and the relative weight assigned to each com-
ponent. The contractual terms and conditions support and implement the busi-
ness needs analysis, while satisfying the statutory, regulatory, and control
requirements.
While it can be time consuming and labor intensive to develop an AFIS RFP,
such effort is warranted not only due to the sophistication of the technology,
but also because of the public funds expenditure and the direct impact AFIS
can have on people’s lives. Government has an obligation to engage in due dili-
gence before acquiring and implementing an AFIS. This due diligence obliga-
tion can be satisfied with a thorough and well-thought-out RFP.

REFERENCES
Biometrics; Identity Verification in a Networked World, A Wiley Tech Brief, by Samir
Nanavati, Michael Thieme, and Raj Nanavati, John Wiley & Sons, 2002.
Computer Contracts Negotiating and Drafting, Esther C. Roditti and Matthew
Bender, 1998.