Mississippi Administrative Code › Title 36 - Technology › Part 2 - Information Systems Services › Chapter 2 - FAQs › Rule 36-2-2-202.1 - 002-010 FAQs for Customers

Current through June 25, 2024
Customer FAQs
What governmental units are subject to ITS Procurement Law
				  and Policies? Who can buy through ITS?
Which acquisitions are under ITS purview?
What procurement tools are available?
Do I have to go through the competitive bid process to buy
				  IT hardware, software and/or services?
How do I know if a purchase will qualify for E-Rate?
Who do I contact to initiate an IT Procurement request?
Can I initiate an IT Procurement request on-line?
Is it possible for an agency to handle procurement
				  themselves?
How do I purchase new phones/phone system?
Can I lease IT equipment?
How may an agency acquire an item that is Sole Source?
What is an Express Product List (EPL)? Who can use the EPL?
What if I need a product or service that is not on an EPL?
Do IT services have to be bid?
Who can buy through ITS? What Governmental units are
				  subject to ITS Procurement Law and Policies?
State agencies and institutions of higher learning (IHLs) or
				  public universities are required by law to follow ITS procedures in information
				  technology procurements for hardware, software and services. The only statutory
				  exception is for acquisitions by institutions of higher learning or public
				  universities made wholly with federal funds. Note that there is
no
exception for state agency projects that are federally funded, use grant money,
				  or paid for via other nontraditional funding models.
For many acquisitions, agencies and IHLs must obtain ITS
				  approval prior to initiating a purchase. For other acquisitions, ITS has
				  delegated responsibility for technology purchases to the agencies and public
				  universities according to specific guidelines.
Governing authorities (e.g. community/junior colleges,
				  county boards of supervisors, school districts, and municipalities) are not
				  required to use ITS procurement procedures but may choose to do so as one way
				  of meeting public purchasing requirements.
Refer to section 001-010 Introduction to ITS and Technology
				  Procurement for more information.
Which acquisitions are under ITS purview?
Information Technology Equipment, Software, and Services
Electronic Government
Internet and Application Service Providers
Printers/Copiers
Document Imaging and Management
Management Consulting Services
Donations and Gifts of Information Technology
Refer to section 001-020 Acquisitions within ITS Purview for
				  more explanation.
What procurement tools are available?
There are several procurement options available depending on
				  the nature of the project. Refer to the associated link for a detailed
				  description of each.
Request for Proposal (RFP)
Express Products List (EPL)
General RFPs
Special RFPs
Telecommunications Contracts & Services for State
				  Agencies
Telecommunications Contracts & Services for IHLs
Sole Source Procurements
Do I have to go through the competitive bid process to
				  buy IT hardware, software and/or services?
According to ITS Law, competitive bids or proposals must be
				  solicited for all acquisitions of information technology (IT)
				  equipment/hardware, software, and services in excess of $50,000 ($25,000 for
				  projects funded by the American Recovery and Reinvestment Act). The list below
				  summarizes bid requirements for IT acquisitions:
Not over $5,000-May purchase without advertising or
				  otherwise requesting competitive bids, unless the purchasing agency or entity
				  has established more stringent procedures.
$5,001 to $50,000 ($25,000 for projects funded by the
				  American Recovery and Reinvestment Act)-May purchase without advertisement for
				  bids, provided at least two competitive written bids have been obtained. Please
				  note that you must select the lowest quote. (Note an Express Products List
				  cannot be used as one of these bids.)
$50,001 and over ($25,001 and over for projects funded by
				  the American Recovery and Reinvestment Act)-Submit a Competitive Procurement
				  Request form for ITS to advertise, issue written specifications and receive
				  sealed bids or proposals.
How do I know if a purchase will qualify for
				  E-Rate?
Refer to the Eligible Services List. Agencies may also
				  contact Gary Rawson at (601) 432-8113 or Gary.Rawson@its.ms.gov for more
				  information.
Who do I contact to initiate an IT Procurement
				  request?
Requests for the procurement of information technology
				  hardware, software or services should be submitted to ITS using the Competitive
				  Procurement Request form and appropriate attachments. Refer to 009-005
				  Procurement Process: Submitting a Request for a more detailed description.
				  Procurement requests should be sent to ITS via e-mail (Projects@its.ms.gov),
				  fax (601-713-6380), or mail at ITS, 3771 Eastwood Drive, Jackson, MS 39211.
Can I initiate an IT Procurement on-line?
Yes, via ITS' online procurement request system.
Is it possible for an agency to handle procurement
				  themselves?
ITS has an exemption procedure in place to allow agencies in
				  special situations and institutions of higher learning or public universities
				  to handle a procurement in-house. The Exemption procedure allows agencies and
				  public universities to request exemption from ITS to handle specific
				  information technology procurement projects which, by law, require solicitation
				  of bids or proposals, without the involvement of ITS.
The exemption procedure is designed for projects involving
				  traditional information technology equipment, software, or services which the
				  agency/public university has the in-house resources and expertise to procure
				  without ITS involvement. The procedure exempts projects from ITS involvement in
				  the procurement. It does not exempt the agency or public university from
				  following public purchasing requirements.
The exemption should be
				  approved by ITS before an advertisement is issued for the procurement
. A
				  request for exemption should be submitted on an Exemption Request form. A copy
				  of the Exemption Request form is available in Word or PDF format on the ITS
				  website at Procurement Request Forms.
How do I purchase new phones/phone system?
Contact the Procurement Help Desk at 601-432-8166 prior to
				  formulating and submitting any requests for procurement of telecommunications
				  equipment. See 011-080 ITS Telecommunications Contracts and Services for State
				  Agencies and 011-085 ITS Telecommunications Contracts and Services for
				  Institutions of Higher Learning (IHLs) for more detailed information.
Can I lease IT equipment?
Yes. Agencies and IHLs are able to consider multiple funding
				  models for each procurement project, and need to specify models of interest,
				  including a leasing alternative within the Competitive Procurement request.
How may an agency acquire an item that is Sole
				  Source?
Mississippi Public Purchasing Law (Section
				  31-7-13)
				  specifies that noncompetitive items available from one source only be exempted
				  from bid requirements (sole-sourced). ITS statute, in Section
				  25-53-5(p),
				  permits ITS to utilize provisions in Public Purchasing law or regulations, when
				  applicable. In certain limited situations, with appropriate written
				  documentation and proper approval, information technology acquisitions may be
				  sole-sourced. ITS applies a strict interpretation of the single source
				  definition and is a strong advocate for conducting a competitive procurement
				  unless the reasons for not competing are overwhelming and incontrovertible.
Per Public Purchasing law, acquisitions must meet the
				  following criteria to be authorized as sole source:
1. The product or services being purchased
				must perform a function for which no other product or source of services
				exists,
2. The purchaser must be
				able to show specific business objectives that can be met only through the
				unique product or services, AND
3.
				The product or services must be available only from the manufacturer and NOT
				through resellers who could submit competitive pricing for the product or
				services.
1. An explanation about
				why the amount to be expended is reasonable, and
2. An explanation regarding the efforts by
				the purchaser to obtain the best possible price.
Customers should reference 013-030 Procurement Types: Sole
				  Source for more detailed information.
What is an Express Product List (EPL)? Who can use the
				  EPL?
Express Products Lists (EPLs) are compilations of proposals
				  competitively solicited by ITS. Categories are added, changed and dropped based
				  upon purchasing demand. Agencies, public universities, community/junior
				  colleges, and other governing authorities may use the lists to make information
				  technology purchases in accordance with ITS procedures and guidelines. Refer to
				  011-030 Procurement Instruments: Express Products List (EPLs) for more
				  information.
What if I need a product or service that is not on an
				  EPL?
The agency or IHL may either fill out a Competitive
				  Procurement Request form or ask for an Exemption to bid the products or
				  services themselves. Reference 015-010 ITS Procurement Limits Policies: State
				  Agencies or 015-020 ITS Procurement Limits Policies: IHLs for information
				  regarding procurement guidelines based on the type of procurement and total
				  lifecycle cost.
Do IT services have to be bid?
Yes, 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. 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
				  studies, project management, technology advisory roles, quality assurance
				  support, and facilities management, are within ITS purview. Reference 001-020
				  Acquisitions within ITS Purview in the Procurement Handbook for more
				  information.
25-53-1, et
				  seq