Mississippi Administrative Code › Title 36 - Technology › Part 2 - Information Systems Services › Chapter 1 - ITS Roles in IT Procurement › Rule 36-2-1-201.2 - 001-020 Acquisitions within ITS Purview

Current through June 25, 2024
1.
Information Technology Equipment, Software, and Services:
Section
				  25-53-3 of
				  the Mississippi Code of 1972 defines ITS' authority over the acquisition of any
				  information technology, computer or telecommunications equipment, electronic
				  word processing and office systems, or services utilized in connection
				  therewith, including, but not limited to, all phases of computer software and
				  consulting services and insurance on all state-owned computer equipment.
				  Acquisition of computer or telecommunications equipment or services means the
				  purchase, lease, rental, or acquisition in any other manner of any such
				  computer or telecommunications equipment or services. Telecommunications
				  equipment, systems, and related services are defined as the equipment and means
				  to provide telecommunications transmission facilities; telephone systems,
				  including voice processing systems; facsimile systems; radio paging services;
				  satellite radio, telephone, and dispatch services; mobile telephone services,
				  including cellular mobile telephone services; intercom and paging systems;
				  video teleconferencing systems; personal communications networks and services;
				  and any and all systems based on emerging and future telecommunications
				  technologies related to any of these devices or services.
Note that, unlike public purchasing law, the statute that
				  defines ITS' purview over technology acquisitions includes
services.
All technology services, whether for direct, hands-on
				  skills such as application development and network support, or for such
				  technology consulting services as technology training (both classroom and
				  on-the-job), technology studies, project management, technology advisory roles,
				  quality assurance support, and facilities management, are within ITS purview.
2.
Global Positioning System
				(GPS) and Navigation devices
The Global Positioning System (GPS) is a U.S. space-based
				  radio-navigation system that provides reliable positioning, navigation, and
				  timing services to civilian users. For anyone with a GPS receiver, the system
				  provides location and time.
ITS wants to emphasize the fact that it
does
have purchasing purview over GPS and navigation devices under the following
				  conditions:
*
When the GPS and navigation capability is
				  integrated into a PocketPC or WinCE product
*
When the GPS and navigation capability is
				  integrated into a Palm OS device
*
When the GPS and navigation capability is
				  integrated into a Linux PDA device
*
When the GPS and navigation capability is
				  integrated into a Blackberry
*
When the GPS and navigation capability is
				  integrated into a smart mobile device running on the Symbian OS
3.
Electronic Government:
Private companies offer partnerships with all levels of
				  government to provide the tools and resources to implement internet-based
				  services and business solutions ("E-Government") with little or no up-front
				  investment of money by the government entities. These companies use various
				  funding mechanisms to recoup their expenses and to realize a profit from these
				  3 services. Per an Attorney General Official Opinion dated August 25, 2000, the
				  Attorney General's office affirmed that pursuant state statute, ITS has the
				  authority to establish a procedure requiring the definition of requirements and
				  a competitive contract award for the procurement of E-government services,
				  regardless of the funds actually paid up-front by a state entity.
For purchases in which (1) the value of the goods and
				  services exceeds $50,000 ($25,000 for projects funded by the American Recovery
				  and Reinvestment Act), (2) there is a competitive market, and (3) there is
				  potential for vendor profit from the project, contracts must be awarded based
				  on an open and competitive process that allows the state to compare offerings
				  to obtain the best product, service, and value, regardless of monies paid
				  directly to the vendor by the state entity. The competitive process ensures the
				  state's requirements are well-defined, project contracts are negotiated to
				  protect the state's interest, and the vendor selected is the one with the most
				  advantageous combination of cost and services.
The same Attorney General's Opinion also affirmed that state
				  statute gives ITS the authority and responsibility to establish infrastructure
				  standards for E-Government that must be utilized and conformed to by all state
				  agencies. These standards must be incorporated into any specifications for the
				  procurement of E-Government products and services. In addition, E-Government
				  implementations that involve payments of any type require the review and
				  approval of the Department of Finance and Administration.
For any procurement related to E-Government, the purchaser
				  should follow the approval process detailed in 001-025 Approvals for
				  Internet-based Applications and Services.
4.
Internet and Application Service
				Providers
ITS wants to emphasize the fact that services offered
				  through Internet Service Providers and Application Service Providers are
				  subject to ITS oversight. These services include but, as technology evolves,
				  are not limited to the following examples:
*
Internet access and related services
				  packaging
*
Applications and database hosting/processing,
				  including Application Service Provider (ASP) and Software as a Service (SaaS)
				  models
*
Website development, content management and
				  hosting
*
Email hosting; equipment co-location services
*
Data back-up and recovery services
*
Disaster recovery services
*
Business continuation services
*
Network operations center services
*
Electronic payment processing
*
Systems and security administration
*
Line of business outsourcing such as
				  electronic reservations management, help desk and/or license sales related
				  outsourced IT services
5.
Printers/Copiers:
ITS has jurisdiction over the procurement of stand-alone and
				  networked printers, while the Department of Finance and Administration (DFA),
				  Office of Purchasing, Travel and Fleet Management (OPTFM) is responsible for
				  the purchase of copiers. When multifunction devices become available, the line
				  between equipment under ITS purview and equipment under OPTFM purview became
				  distinct. ITS and DFA continue to monitor this technology convergence and its
				  impact on the ITS and DFA customers and procurement approach.
Customers may purchase devices whose primary function is
				  copying from DFA state contracts. If the device purchased from the DFA contract
				  will be networked and the total purchase price is over $250,000 (or if the
				  total cost for the term of a lease is over $250,000), the customer must submit
				  an Exemption Request for ITS approval. This process ensures that ITS is aware
				  of large network print device purchases. When the total term of the rental
				  agreement from the DFA contract exceeds $500,000, approval shall be required
				  from the Public Procurement Review Board (PPRB) prior to entering into the
				  rental agreement. Additional information can be found at the link below.
Department of Finance and Administration (DFA), Office of
				  Purchasing, Travel, and Fleet Management (OPTFM)
Devices that are purchased to function primarily as network
				  or stand-alone printers may be procured through the ITS Express Products List
				  (EPL) or through a procurement request to ITS.
6.
Document Imaging and
				Management:
Document imaging and management systems scan, store, index,
				  and retrieve documents and other business data electronically. Documents are
				  converted to digitized images, typically via a document scanner. Standard
				  components of document management systems include document capture, document
				  storage and archiving, document indexing and retrieval, document exporting
				  capability, and security to protect documents from unauthorized access.
				  Document imaging and document management, including hardware, software, imaging
				  services, and/or any other related consulting services, are within the purview
				  of ITS. Equipment and services for analog methods of data imaging and
				  retrieval, such as microfilm, are not within ITS purview.
7.
Management Consulting
				Contracts:
Procurements of consulting services for a study that is the
				  initial phase of an application development project, for functional or
				  conceptual systems design, data modeling, network design, network security, and
				  technology infrastructure recommendations are examples of consulting contracts
				  that require ITS approval. Other consulting studies, such as business process
				  reengineering, process analysis, and general management studies, may fall under
				  the purview of ITS or of the Personal Services Contract Review Board (PSCRB),
				  depending on the specific project deliverables. If the study's primary focus is
				  technology, the services should be procured through ITS. If the primary
				  deliverable from a management consulting contract is a report in which
				  recommendations of technology are included but are not the primary component,
				  the services may be procured through ITS or the PSCRB, at the customer's
				  discretion. If the customer is uncertain whether ITS approval is required for a
				  specific project, the customer may contact the ITS Procurement Help Desk at
				  (601) 432-8166 and/or may submit an Exemption Request to ITS for written
				  documentation that the specific project does not require ITS approval.
Regardless of the procurement mechanism used for a
				  management consulting contract, once the customer is ready to proceed with
				  technology purchases based on recommendations from a consulting study,
				  including the study report with the technology procurement request is
				  beneficial to both the customer and to ITS and helps expedite the purchasing
				  process.
8.
Donations and Gifts of Information Technology:
Recipients of donations and gifts of older information
				  technology near or at the end of their lifecycle should assess the cost of the
				  items received in terms of usefulness relative to newer technology. Many older
				  technology items are more costly to uninstall, relocate, reinstall, operate,
				  and maintain than new equipment of the same type.
A donation or gift requires ITS approval if the costs of
				  installing, operating, and supporting the equipment exceed amounts delegated to
				  the recipient under the Delegation of Approval Procedure. ITS will be glad to
				  assist in assessing the value of donations and gifts of information technology
				  on request.
9.
Other
				Examples of Procurements Under ITS Purview:
Equipment or services for a specialized application whose
				  primary function or purpose is other than information technology and for which
				  any computer chip or telecommunications component is secondary or incidental to
				  the equipment's primary function are outside the purview of ITS.
See 001-030 Exceptions to ITS Purview for a list of some
				  specific items that do not require ITS approval and for instructions on
				  obtaining confirmation regarding ITS purview for a specific procurement.
25-53-3;
				  25-53-151