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Acquisition Goals
The main goal of the acquisition strategy is to obtain a predetermined and acceptable level of quality for computer and professional services at the lowest possible price. Technology acquisitions include an additional goal of addressing the information technology system life cycle.
After project objectives have been identified clearly, the court should explore alternatives to reaching them. The court's goal is to identify at least two alternate solutions to the problem, thereby increasing the likelihood that the court is not required to sole source its selection to one vendor. (The significance of having two or more options is felt most clearly during contract negotiations when the court may need some bargaining leverage with a selected vendor.)
It is possible, however, that only one solution to a court automation problem can be found. This is especially true for upgrades to preexisting computer equipment and software. If the court is limited to only one solution (and it knows this from the outset), the RFP should be structured accordingly. Procedures and language that are required for the more traditional multi source acquisitions may be omitted, and the overall process can be streamlined considerably. In the sole-source situation, however, the court should take special care to ensure that the vendor's standard contract does not control the acquisition.
It is important to remember that the lowest bid isn't always the best deal. Sometimes vendors deliberately propose inadequate equipment for the project, knowing that they will realize additional revenue from upgrades that will become necessary long after the contract is signed. By insisting that the successful bidder pays for any upgrades needed for the system to meet performance specifications and by conducting "best value" rather than "lowest cost" purchasing, a court will avoid these difficulties.
When courts seek to procure information technology goods and services the cost specified in the proposal should not be the single driving consideration. The project cost should be considered in conjunction with other criteria. The other criteria that a court should consider are items such as product quality, total cost of ownership1, proposed methodology, and vendor performance history.
With most information technology system acquisitions the acquisition is not limited to obtaining the goods or services, the entire life cycle must be addressed, such as continuing maintenance and the replacement cycle. Information technology systems require much more specialized continuing maintenance than other acquisitions. Provision for continuing maintenance should be included in the RFP as a vendor requirement and in the evaluation of responses. Due to the rapid pace of technology advances the replacement cycle for information technology systems is very short. The information technology system replacement cycle must be addressed when developing an information technology system RFP. The specifications for the information technology systems must be sufficiently forward looking to maximize the anticipated life cycle.
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