Mississippi Administrative Code › Title 36 - Technology › Part 2 - Information Systems Services › Chapter 8 - Procurement Limits Policies › Rule 36-2-8-208.2 - 015-020 Procurement Limits Policies: IHLs

Current through June 25, 2024
Procedures for the Acquisition of Information
				  Technology Equipment, Software, and Services by Procurement Type and Total
				  Lifecycle Cost for Institutions of Higher Learning
By law, all acquisitions of information technology products
				  or services by IHLs must be approved by ITS. ITS has delegated this
				  responsibility to the Chief Information Officers (CIOs) of the State's
				  Institutions of Higher Learning for certain types of purchases and lifecycle
				  cost limits. Note that these thresholds are based upon
total lifecycle
				  costs
and that
there are situations in which actual monies paid is
				  not the sole determinant of the requirement for a competitive procurement
				  process
.
For purchases in which (1) the value of the goods and
				  services exceeds bid limit, (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.
For the certification of sole source procurements delegated
				  to the CIOs at public universities, the public university must follow ITS' Sole
				  Source Procedure, including advertisement of the intent to award as sole
				  source, as outlined in Chapter 7, 013-030.
The only statutory exception to the requirement for ITS
				  approval is for acquisitions of computer equipment and services made by IHLs
				  wholly with federal funds. These acquisitions do NOT fall within ITS' purview.
				  In addition, Mississippi Code Section
				  25-53-5(b)
				  directs ITS, in establishing procedures and carrying out its statutory charges
				  in relation to IHLs, to take into consideration the special needs of these
				  institutions in relation to the fields of teaching and scientific research. In
				  accordance with this directive, ITS has delegated procurement oversight for IT
				  purchases to IHLs at 5 times the level of delegation for state agencies. These
				  delegation thresholds and associated oversight requirements are outlined in the
				  table that follows.
The table below defines the procedures and the required
				  approvals for each category and project lifecycle cost range. For current
				  Director Approval thresholds, see Section 018-030. Note that all Procurement
				  Requests submitted to ITS must be signed by the Institution's CIO or that
				  person's designee.
Procurement
Type/Lifecycle
							 Cost
$.01-$5,000.00
$5,000.01 -$50,000.00
$50,000.01 -$250,000.00
>
$250,000.01 but below
Director
							 Approval Threshold
Above
Director Approval
							 Threshold
Regular Competitive Procurement
*
Delegated to Institution's CIO
*
May purchase without advertising or
							 otherwise requesting competitive bids
*
Delegated to Institution's CIO
*
May purchase without advertisement for
							 bids, provided at least two competitive written bids have been obtained
*
You must select the lowest quote
							 EXCEPTION: By state statute, all American Recovery and Reinvestment Act (ARRA)
							 projects in excess of $25,000.00 must be bid.
*
Delegated to Institution's CIO
*
Advertisement & receipt of
							 competitive bids required by law
EXCEPTION: By state statute, all American Recovery
							 and Reinvestment Act (ARRA) projects in excess of $25,000.00 must be
							 bid.
*
Requires ITS approval: CP-1
*
Advertisement & receipt of
							 competitive bids required by law
*
Submit Procurement Request to ITS 2-5
							 months before purchase
*
Requires ITS Board approval and
							 CP-1
*
Advertisement & receipt of
							 competitive bids required by law
*
Submit Procurement Request to ITS 3-8
							 months before purchase
*
Requires Business Case
*
Requires IT Security Risk
							 Assessment
Cooperative Purchasing Agreement
No delegation.
Regardless of lifecycle cost, ITS statute and policy
							 require ITS review and approval of all cooperative purchases of
							 technology.
No delegation.
Regardless of lifecycle cost, ITS statute and policy
							 require ITS review and approval of all cooperative purchases of
							 technology.
No delegation.
Regardless of lifecycle cost, ITS statute and policy
							 re quire ITS review and approval of all cooperative purchases of
							 technology.
No delegation.
Regardless of lifecycle cost, ITS statute and policy
							 require ITS review and approval of all cooperative purchases of
							 technology.
No delegation.
Regardless of lifecycle cost, ITS statute and policy
							 require ITS review and approval of all cooperative purchases of
							 technology.
Telecommunications Systems and Services (See
							 Acquisition of Telecommunications Services by IHLs for more information)
No delegation.
ITS has conducted these procurements on behalf of the
							 state and has contracts in place that can be used by IHLs for
							 telecommunications systems and services (voice and data). See ITS
							 Telecommunications Contracts for IHLs for details.
To acquire these services other than via an ITS
							 contract, submit an exemption request to ITS prior to acquiring the
							 service.
No delegation.
ITS has conducted these procurements on behalf of the
							 state and has contracts in place that can be used by IHLs for
							 telecommunications systems and services (voice and data). See ITS
							 Telecommunications Contracts for IHLs for details.
To acquire these services other than via an ITS
							 contract, submit an exemption request to ITS prior to acquiring the
							 service.
No delegation.
ITS has conducted these procurements on behalf of the
							 state and has contracts in place that can be used by IHLs for
							 telecommunications systems and services (voice and data). See ITS
							 Telecommunications Contracts for IHLs for details.
To acquire these services other than via an ITS
							 contract, submit an exemption request to ITS prior to advertising for the
							 service.
No delegation.
ITS has conducted these procurements on behalf of the
							 state and has contracts in place that can be used by IHLs for
							 telecommunications systems and services (voice and data). See ITS
							 Telecommunications Contracts for IHLs for details.
No delegation.
ITS has conducted these procurements on behalf of the
							 state and has contracts in place that can be used by IHLs for
							 telecommunications systems and services (voice and data). See ITS
							 Telecommunications Contracts for IHLs for details.
Note: ITS contracts have already
							 received
Board approval
. IHL acquisitions of services from these
							 contracts do not require additional Board action. Exemptions to acquire these
							 services other than via ITS contracts require Board approval. Submit an
exemption request to ITS 6-8 weeks prior to advertising for the
							 service.
*
Requires Business Case
*
Requires IT Security Risk
							 Assessment
Sole Source Procurement
*
Delegated to Public University's
							 CIO
*
May purchase without advertising or
							 otherwise requesting competitive bids
Sole Source Certification Delegated to Public
							 University's CIO
*
Must follow ITS Sole Source Procedure
							 as outlined in Chapter 7, 013-030 of this Handbook
Sole Source Certification Delegated to Public
							 University's CIO
*
Must follow ITS Sole Source Procedure
							 as outlined in Chapter 7, 013-030 of this Handbook
*
Requires ITS approval: CP-1
*
Submit Sole Source Certification
							 Request with vendor and institution documentation to ITS 3-5 weeks before
							 purchase
(Note: Public University's CIO or Designee must sign
							 the sole source request)
*
Requires ITS Board approval and
							 CP-1
*
Submit Sole Source Certification
							 Request with vendor and Public University's documentation to ITS 2-4 months
							 before purchase
*
Requires Business Case
(Note: Public University's CIO or Designee must sign
							 the sole source request)
Exemption
from ITS
Not applicable:
Already Delegated to Institution's CIO
Not applicable:
Already Delegated to Institution's CIO
Not applicable:
Already Delegated to Institution's CIO
*
Requires ITS approval: CP-1
*
Advertisement & receipt of
							 competitive bids required by law (conducted by the Institution after the
							 exemption is approved)
*
Submit Exemption Request to ITS 2-4
							 weeks prior to advertising the procurement (Note: ITS cannot exempt a sole
							 source procurement > $250,000)
*
Requires ITS Board approval and
							 CP-1
*
Requires Business Case
*
Requires Security Risk
							 Assessment
*
Advertisement & receipt of
							 competitive bids required by law (conducted by the Institution after the
							 exemption is approved)
*
Submit Exemption Request to ITS 4-6
							 weeks prior to advertising the procurement
Express Products Lists (EPLs)
*
Delegated to Institution's CIO
*
Access EPL on ITS website
*
Follow instructions on specific
							 EPL
*
Delegated to Institution's CIO
*
Access EPL on ITS website
*
Follow instructions on specific
							 EPL
*
Delegated to Institution's CIO up to
							 EPL limit
*
Access EPL on ITS website
*
Follow instructions on specific
							 EPL
*
Delegated to Institution's CIO up to
							 EPL limit
*
Access EPL on ITS website
*
Follow instructions on specific
							 EPL
*
See EPL Planned Purchase
EPL Planned Purchase
Not applicable
Not applicable
Purchase above EPL
							 limit:
*
Requires ITS approval: Letter from ITS
							 Executive Director
*
Requires submitting IT Plan to ITS for
							 review; equipment /software needed must appear on a current EPL
*
ITS planners and procurement analysts
							 assess the plan and the procurement request
*
See EPL Planned Purchase for further
							 details.
*
Requires ITS approval: Letter from
							 ITS Executive Director
*
Requires submitting IT Plan to ITS for
							 review; equipment/software needed must appear on a current EPL
*
ITS planners and procurement analysts
							 assess the plan and the procurement request
*
See EPL Planned Purchase for further
							 details.
*
Requires ITS Board approval
*
Requires Business Case
*
Requires IT Security Risk
							 Assessment
*
Requires approval letter from ITS
							 Executive Director
*
Requires submitting IT Plan to ITS for
							 review; equipment /software needed must appear on a current EPL
*
ITS planners and procurement analysts
							 assess the plan and the procurement request
*
See EPL Planned Purchase for further
							 details.
Emergency Procurement (where purchase delay does not
							 threaten life or property)
Not applicable
*
Requires ITS approval: CP-1
*
Submit Emergency Purchase Request with
							 documentation to ITS before purchase
(Note: IHL President or Designee must sign the
							 Emergency Purchase Request)
*
Requires ITS approval: CP-1
*
Submit Emergency Purchase Request
							 with documentation to ITS before purchase
(Note: IHL President or Designee must sign the
							 Emergency Purchase Request)
*
Requires ITS approval: CP-1
*
Submit Emergency Purchase Request
							 with documentation to ITS before purchase
(Note: IHL President or Designee must sign the
							 Emergency Purchase Request)
*
Requires ITS Board approval and
							 CP-1
*
Submit Emergency Purchase Request
							 with documentation to ITS before purchase
*
(Note: IHL President or Designee must
							 sign the Emergency Purchase Request)
*
Requires Business Case
*
Requires IT Security Risk
							 Assessment
Emergency Procurement (where purchase delay
							 threatens life or property)
Not applicable
*
Inform ITS in writing, using ITS'
							 Emergency Purchase Request Form signed by the IHL President or Designee, as
							 soon as possible
after
the emergency procurement
*
Inform ITS in writing, using ITS'
							 Emergency Purchase Request Form signed by the IHL President or Designee or
							 designee, as soon as possible
after
the emergency
							 procurement
*
Inform ITS in writing, using ITS'
							 Emergency Purchase Request Form signed by the IHL President or Designee, as
							 soon as possible after the emergency procurement
*
ITS issues a CP-1 so the vendor
							 payment can be processed
*
Inform ITS in writing, using ITS'
							 Emergency Purchase Request Form, signed by the IHL President or Designee, as
							 soon as possible after the emergency procurement
*
ITS issues a CP-1 so the vendor
							 payment can be processed ? ITS Board informed of emergency procurement and
							 surrounding circumstances
E-Government Procurement
NOTE: Due to the different vendor business models
							 for E-Government services and products, the procurement approach is not
							 governed by the total expenditure but by the
true market value,
as
							 determined by the complexity and size of the project. See Section 001-020 of
							 this handbook for additional information on Electronic Government procurements.
*
Delegated to Institution's CIO
*
Advertisement & receipt of
							 competitive bids required if
true market value
of services exceeds
							 $50,000 (25,000 for ARRA projects),
regardless of funds
							 expended
*
Delegated to Institution's CIO
*
Advertisement & receipt of
							 competitive bids required if
true market value
of services exceeds
							 $50,000 ($25,000 for ARRA projects),
regardless of funds
							 expended
*
Delegated to Institution's CIO
*
Advertisement & receipt of
							 competitive bids required
*
Requires ITS approval: CP-1
*
Advertisement & receipt of
							 competitive bids required by law
*
Submit Procurement Request to ITS 2-5
							 months before purchase
*
Requires ITS Board approval and
							 CP-1
*
Advertisement & receipt of
							 competitive bids required by law
*
Submit Procurement Request to ITS 3-8
							 months before purchase
*
Requires Business Case
*
Requires IT Security Risk
							 Assessment
25-53-5; 25-53-25
				  (2); 25-53-151; 31-7-13 (c)