Mississippi Administrative Code › Title 36 - Technology › Part 2 - Information Systems Services › Chapter 12 - Information for Vendors › Rule 36-2-12-212.2 - 021-020 Procurement Information for Vendors

Current through June 25, 2024
The following information is intended for use by vendors
				  interested in doing business with the State of Mississippi Department of
				  Information Technology Services.
Introduction
This information is provided for vendors regarding the
				  Department of Information Technology Services (ITS) and the process of selling
				  information systems equipment, software and related services to the State of
				  Mississippi. This information explains ITS procurement procedures and addresses
				  questions most frequently asked by vendors.
It is the goal of ITS to promote and maximize competition in
				  the purchasing of information technology hardware, equipment, systems,
				  software, and services for the State within Mississippi's information systems
				  architecture. If you have not worked with ITS or sold to the State of
				  Mississippi before, we welcome you to do so. If you have worked with us in the
				  past, we thank you for your previous participation and encourage your
				  participation in the future.
ITS Website
ITS maintains an Internet website with information of
				  interest to ITS customers and vendors. Separate channels for Vendors and
				  Customers help organize the information and focus your search. We invite you to
				  visit our website at
http://www.its.ms.gov
. Use the contact
				  information available on the website if you have additional questions or need
				  answers concerning a specific situation or project.
Who is ITS?
ITS is a state agency established by law to oversee the
				  State's acquisition and use of information technology. ITS coordinates the
				  procurement of information technology for Mississippi agencies, public
				  universities, and, optionally, governing authorities such as community/junior
				  colleges, local governments, and K-12 schools and school districts. The
				  procurement of information technology hardware, equipment, systems, software,
				  and services for all state agencies and institutions of higher learning is
				  under the jurisdiction of ITS.
ITS is governed by a five-member Board. The ITS Board plays
				  a strong role in the procurement process. All procurements are made in
				  compliance with 25-53 of the Mississippi Code and policies set by the Board.
				  Procurements in excess of the Director Approval threshold, as defined in
				  Section 018-030, must be approved by the Board. The Board has delegated to the
				  Executive Director of ITS the discretion of approving procurements under these
				  thresholds.
For many acquisitions it is necessary for state agencies and
				  institutions of higher learning to acquire ITS approval prior to procurement of
				  information technology hardware, equipment, systems, software, and services.
				  Responsibility for some acquisitions has been delegated to the agencies and
				  institutions under the Exemption, Delegation of Approval, or Planned Purchases
				  Procedures. Explanation of which procurements require ITS' prior approval and
				  which may be handled by the agency/institution without ITS' prior approval is
				  detailed later in this document.
The acquisition of information technology by Mississippi
				  agencies and institutions of higher learning are governed by the following
				  laws:
*
Computer/Data Processing (DP) procurements:
				  Section
				  25-53-1,
				  et seq. of the Mississippi Code.
*
Telecommunications (TC) Procurements: Section
				  25-53-101,
				  et seq. of the Mississippi Code. Both types of procurements are governed by the
				  same policies and procedures.
Department of Finance & Administration Office of
				  Purchasing, Travel, and Fleet Management
There are two different Mississippi agencies involved in the
				  statewide purchasing function. ITS coordinates information technology
				  purchases. Purchasing of items not related to information technology equipment,
				  software and services is coordinated per Section 31-7 of the Mississippi Code
				  through the Department of Finance and Administration (DFA) Office of
				  Purchasing, Travel and Fleet Management. Purchasing of computer supplies falls
				  within DFA oversight.
Groups to Whom ITS Procurement Procedures Apply
ITS Procurement procedures apply to the following groups:
*
State Agencies
*
State Institutions of Higher Learning (Public
				  Universities)
*
Governing Authorities (such as county boards
				  of supervisors, State Community/Junior Colleges, school districts or
				  municipalities.)
State agencies and institutions of higher learning (public
				  universities) are required to follow ITS procedures in information technology
				  procurements. Governing Authorities (such as county boards of supervisors,
				  community and junior colleges, school districts, or cities) are not required to
				  use ITS procurement procedures, but are allowed to use certain ITS procedures
				  if they choose to do so. Governing Authority procurement procedures are
				  described later in this document.
How ITS Publicizes Upcoming Acquisitions
ITS posts current solicitations for Request for Proposals
				  and Sole Source Certifications on the ITS website. ITS does not maintain a
				  bidder's list and vendors do not have to pre-qualify to respond to ITS RFPs.
				  RFPs for upcoming acquisitions and Sole Source Certifications are also
				  advertised in
The Clarion-Ledger
newspaper, the Mississippi
				  State Government Transparency site located at
www.ms.gov/dfa/contract bid
				  search/
, and ITS maintains a bulletin board of current technology
				  solicitations near the reception area on the first floor or ITS administrative
				  offices, 3771 Eastwood Drive, Jackson, MS 39211.
Watch for ITS advertisements in the newspaper or check the
				  Internet listing. Newspaper ads and new listings on the website typically
				  appear on Tuesdays. You may respond to any ITS solicitation for which your
				  company has the requisite expertise. If you would like to submit a proposal to
				  any ITS solicitation and are unable to download the solicitation from the
				  Internet, you may contact the ITS Procurement Help Desk at 601-432-8166 or
				  isshelp@its.ms.gov.)
Charges for Requests for Proposals
The vast majority of RFPs issued by ITS are available for
				  download from the ITS website in Adobe and Word format at no cost.
ITS charges for printed copies of RFPs. See ITS Public
				  Records Procedures for the current cost of a printed RFP. The vendor is
				  required to deliver one of the following forms of payment before the vendor is
				  given a copy of the RFP.
1. Corporate
				check
2. Personal check (only if
				the individual is known and has an ongoing business relationship with ITS)
3. Certified check
4. Money order
5. Credit Card via Public Records On-Line
				Payment Application
No cash will be accepted.
Overview of Procurement Procedures Used by ITS
To ensure full compliance with legal requirements, ITS
				  handles procurements in the following ways:
1. Individual Requests for Proposals (RFPs)
2. Special RFPs
3. General RFPs
4. Express Products Lists (EPLs)
Individual RFPs
ITS uses the RFP process for the procurement of high dollar,
				  complex, and/or unique acquisitions, typically for a single acquisition by a
				  single agency or institution. The ITS staff and the requesting agency or
				  institution develop an RFP detailing the specific equipment, system, software
				  and/or service requirements. Solicitations of proposals are published as
				  detailed above. Any vendor may obtain a Word or PDF copy of the RFP from the
				  Internet or request a copy of the RFP as specified above.
Vendors should carefully review the RFP project schedule for
				  key dates. ITS and the procuring agency/institution may host a vendor's
				  conference with attendance specified as either optional or mandatory. The RFP
				  schedule will show the date and time of the vendor's conference, as well as the
				  deadline for submission of written questions concerning the RFP. While vendors
				  may receive verbal input from the State project team during the vendor's
				  conference or from the designated State Contact Person for the RFP, vendors
				  should be aware that only questions answered officially by the State in writing
				  and posted to the ITS website at the RFP link are binding. Vendors should check
				  the RFP link regularly for official addenda to the RFP, including posted
				  questions and answers.
If a vendor elects to submit a proposal for consideration,
				  the proposal must be submitted to ITS in accordance with all requirements
				  outlined in the RFP by the date and time specified.
No Late Proposals
				  Will Be Accepted.
At the date and time the proposals are due, ITS opens, logs,
				  and performs a preliminary validation of proposals received. Vendors are
				  welcome to be present at the ITS offices at the date and time the proposals are
				  due to observe this process.
ITS typically assists the procuring agency/institution in
				  the evaluation of the proposals received. This evaluation process may require
				  from a few hours to multiple weeks, depending on the complexity and scope of
				  the RFP and the number and size of the proposals received. During the
				  evaluation process, ITS may request clarifications of vendor proposal
				  information. Because time is always of the essence in the procurement process,
				  ITS requests that you provide prompt responses and accurate answers to all
				  clarification requests. The ITS staff can satisfy our clients' needs most
				  effectively with vendors who, in addition to providing good pricing, provide us
				  with timely and accurate responses during the evaluation process. See
				  Procurement Instruments: Requests for Proposals (RFPs) for additional
				  information.
Special RFPs
ITS issues RFPs to establish a special proposal or proposals
				  for use by a single or group of agencies/institutions. The terms and intended
				  users and uses of special RFPs are spelled out in the specifications. See
				  Procurement Instruments: Special RFPs for additional information.
General RFPs
ITS uses General RFPs for routine acquisitions by multiple
				  agencies of items such as microcomputer equipment and software, printers,
				  cabling, telephone equipment, mainframe/midrange components, small
				  UNIX/Internet servers, and IT consulting services. To avoid the time and
				  expense involved in soliciting individual proposals for each such acquisition,
				  ITS advertises periodically to receive proposals on these high-volume
				  categories of information technology.
Proposals received in response to a General RFP are used for
				  a specified period of time (usually one year). There is no sole winning vendor.
				  ITS validates each response but does not perform a preliminary selection from
				  the proposals submitted. When a need arises during the year for equipment,
				  software, or services in a General RFP category, all vendors proposing the
				  products or services that meet the requestor's unique project requirements are
				  sent a Letter of Configuration (LOC) by ITS. The LOC describes the exact needs
				  of the customer and requests a proposal with pricing.
ISS staff issues LOCs to vendors with valid General RFP
				  proposals who meet the qualifications for the specific project. For vendors
				  meeting the criteria for a given project, the LOC is emailed to the vendor
				  contacts listed in the General RFP response. In addition, vendors with valid
				  General RFP proposals are given an unpublished URL to check for all LOCs. Valid
				  General RFP vendors may respond to any LOC for that General RFP, even if they
				  did not receive the LOC in the email distribution.
Unlike RFP responses, which require delivery of sealed,
				  hard-copy proposals, LOC response may typically be submitted in hard-copy or by
				  fax or email. Vendors should follow the Delivery Instructions in the individual
				  LOC. All submitted proposals are evaluated and the lowest and best solution
				  selected.
General RFPs are for use by the ITS staff on behalf of the
				  procuring agency or institution. General RFPs are NOT for use by agencies,
				  institutions and governing authorities without ITS involvement.
Vendors may submit or update General RFP responses
				  throughout the year as detailed in the specifications. Details of RFP
				  procedures are contained in the specifications provided to the vendor.
For a current list of categories of General RFPs, see the
				  Multi-Use RFP Index. General RFP categories will be added and dropped as the
				  demands change.
The ITS staff cannot overemphasize to the vendor the
				  importance of the General RFP process and the importance of vendors' submitting
				  and maintaining accurate and complete General RFP responses. Complete and
				  accurate proposals provide the ITS staff with information about your products
				  and/or services to determine whether they are a fit for a particular project.
				  Your response to the General RFP is one of your best marketing tools for
				  technology in state government.
Express Products Lists
ITS has established the Express Products Lists (EPLs) to
				  offer agencies and institutions an expedited procurement procedure for routine
				  acquisitions of microcomputers, servers and LAN components, printers, cellular
				  telephone equipment, and software. ITS does an evaluation of EPL proposals upon
				  receipt to select and publish the lowest and best offerings for each EPL in
				  compliance with the law. EPLs may be used by state agencies, public
				  universities, and governing authorities in the state to make purchases up to
				  the specified dollar limits without ITS involvement.
Details regarding the EPLs may be found in the
				  specifications for the RFPs soliciting Express Products Lists proposals and in
				  the published EPL. See Procurement Instruments: Express Products Lists for
				  additional information.
MAGIC Information
To receive payment from state agencies, Vendors must be set
				  up in Mississippi's Accountability System for Government Information and
				  Collaboration (MAGIC). Each ITS RFP will require the vendor to supply their
				  MAGIC vendor code. If the vendor has not previously done business with the
				  State, the registration can be completed at the link below.
https://sus.magic.ms.gov/sap/bc/webdynpro/sapsrm/wda_e_suco_sreg?sap-client=100
Marketing Activities to the State of
				  Mississippi
Vendors are welcome to market products to the state agencies
				  and institutions providing the marketing efforts are conducted in an open and
				  ethical manner and are coordinated with ITS. In fact, ITS recognizes that the
				  vendor is the best source of information regarding his product and appreciates
				  the vendor's willingness and cooperation in working with ITS and the agencies
				  and institutions to publicize how the capabilities of these products can
				  enhance the State's information technology needs.
Vendors can most successfully market to the State by
				  understanding and working within Mississippi's information technology planning,
				  budgeting, and procurement framework. The points below outline this framework.
1. Marketing to the State from the
				"Enterprise Perspective" within the State's strategic direction for information
				technology:
In support of state agencies and institutions information
				  technology infrastructure, ITS takes an enterprise perspective regarding the
				  State's information systems. A procurement of information systems technology
				  should be made from the viewpoint of the State as a whole. This enterprise
				  perspective is essential for ITS and the agencies and institutions we serve to
				  carry out the mission and the intent of the law effectively.
If you find where your product corresponds with the State's
				  information technology strategic direction, and the agency or institution's
				  needs, and market from that angle, you should be more successful in marketing
				  to the State.
2.
				Procurement is at least a two-year process which is front-ended by the planning
				and budgeting functions.
The client agency begins the procurement process at least
				  two years prior to the actual issuance of a purchase order to the vendor when
				  the agency develops its information technology plan. For instance, an agency
				  must plan in January-April 2004 for purchases to be procured NO SOONER than
				  July 2005. The agency must then budget for the planned acquisition in the
				  August 2004 time frame and the Legislature must appropriate the funds during
				  the legislative session in the January-April 2005 time frame. The resulting
				  acquisition takes place between July 2005 and June 2006.
You, the vendor, will be most successful if you begin your
				  marketing effort with ITS and the agency/institution during the planning
				  process.
Procurements Which Require ITS Approval Prior to
				  Acquisition
ITS is the purchasing and contracting agent for all
				  acquisitions of information technology equipment, software, and services that
				  fall within the scope of ITS authority. Contracts without the signature of the
				  Executive Director of ITS are not valid except those delegated to the
				  agency/institution.
ITS approval before the purchase in the form of a CP-1
				  Acquisition Approval Document is required for acquisitions of information
				  technology equipment, software, and services by state agencies/institutions
				  unless the purchase is handled under the Exemption, Delegation of Approval, or
				  Planned Purchases Procedures described below.
Exemptions Procedure
ITS may delegate individual procurement projects to the
				  agency/institution under the ITS Exemption Procedure. State agencies and
				  institutions of higher learning may request to make specific procurements of
				  information systems technology without further ITS involvement. ITS' exemption
				  of the procurement gives the agency/institution the responsibility and
				  accountability of making the procurement, including competitive proposal
				  solicitation and contracting, in good faith compliance with the ITS laws. See
				  Procurement Types: Exemptions for additional information.
Delegation of Approval
ITS also has delegated certain routine information
				  technology acquisitions to the agencies/institutions. Purchases may be made
				  under these procedures without prior ITS approval. See Procurement Limits
				  Policies, Section 015 of the Procurement Handbook, for specific delegation
				  dollar amounts and categories (Section 015-010 for agencies and Section 015-020
				  for institutions of higher learning).
Planned Purchases Procedure
As the coordinator of the long range planning effort of
				  information technology in the State, the ITS Strategic Services Division works
				  with agencies during the planning process to determine procurements that could
				  be most appropriately acquired from the EPLs. Under the Planned Purchases
				  Procedure, a participating agency is given authorization up to a specified
				  dollar amount to make the identified procurements from the EPLs without further
				  ITS involvement. See Procurement Request Types: Planned Purchases for
				  additional information.
Necessary Components of a Legal Acquisition
Procurements of information technology equipment, software
				  and services involve at minimum the agency/institution for whom the purchase is
				  being made, ITS, and the vendor. It is important that the vendor understand its
				  role, that of ITS, and that of the agency/institution.
The following components are necessary for a legal sale to a
				  state agency or institution of higher learning:
1.
ITS Approval
An ITS CP-1 Acquisition Approval Document must be issued to
				  the agency/institution for any information technology acquisition unless the
				  procurement has been made under the Exemption Procedure. An order from an
				  agency/institution that was not made in accordance with ITS procedures DOES NOT
				  constitute a valid purchase order. ITS strongly recommends that the vendor
				  verify that the agency/institution has followed a legal ITS procurement
				  procedure for any order from a state agency or institution. Typically, the
				  purchase order should reference an ITS CP-1 Acquisition Approval Document
				  reference number, should be from a valid Express Products List, or should be
				  below the cost thresholds requiring ITS oversight. See Procurement Limits
				  Policies, Section 015 of the Procurement Handbook, for specific delegation
				  dollar amounts and categories (Section 015-010 for agencies and Section 015-020
				  for institutions of higher learning).
2.
Contracts
The Executive Director of ITS is, by state statute, the
				  purchasing and contracting agent for information technology hardware,
				  equipment, systems, software, and services made by agencies and institutions of
				  higher learning in the State of Mississippi. All contracts (other than those
				  related to procurements delegated to agencies and institutions as described
				  above) MUST be signed by the Executive Director of ITS to be legally binding.
				  Successful vendors must agree to basic contractual terms and conditions
				  required by the State of Mississippi.
3.
Funding Verification and
				Agency/Institution Purchase Order
The agency/institution is responsible for paying for and
				  receiving the products/services purchased. Funding and payment issues are not
				  within ITS control. ITS CP-1 approval and execution of the contract do NOT
				  constitute a certification that funding is available for the acquisition. The
				  agency/institution is ultimately responsible for verifying availability of
				  funding and issuing a purchase order to the vendor to complete the order.
				  Vendor is responsible for all risks involved in illegal sales to the State and
				  may be required to take back without payment items illegally sold to the State.
				  When in doubt, call ITS for clarification.
NOTE: Billing must be directed to the purchasing
				  agency/institution as specified on the purchase order. Do not send
				  agency/institution billing to ITS unless explicitly directed on the purchase
				  order to do so.
Purchases by Governing Authorities
Acquisitions of information technology hardware, equipment,
				  systems, software, and services made by governing authorities DO NOT require
				  ITS approval. Governing authorities are not required to get ITS approval or to
				  have a CP-1 Acquisition Approval Document for making information technology
				  purchases. Governing authorities are not required to use the ITS Express
				  Products Lists (EPLs) to make information technology purchases but can do so if
				  they choose as a mechanism for meeting the requirements of public purchasing
				  laws. The Public Purchasing Law defines governing authorities in section
				  31-7-1(b).
				  Permission is granted within the Public Purchasing Law for governing
				  authorities to use ITS' proposals, by exempting from bid requirements those
				  items covered by purchase agreements arranged by ITS (Section
				  31-7-13(m)(xi)).
Reference Information Regarding State Purchasing
				  Laws
The data processing procurement laws are contained in
				  Section
				  25-53-1
				  et seq of the Mississippi Code of 1972. The telecommunications procurement laws
				  are contained in Section
				  25-53-101
				  through
				  25-53-125
				  of the Mississippi Code of 1972. The Public Purchasing Law is contained in
				  Section
				  31-7-1 et
				  seq of the Mississippi Code.
Section
				  25-53-25
				  of the Mississippi Code excludes the following acquisitions from ITS
				  jurisdiction: "...Acquisitions of computer equipment and services by
				  institutions of higher learning or junior colleges wholly with federal funds
				  and not with state general funds...."
Section
				  25-53-25
				  of the Mississippi Code gives ITS the authority to delegate purchasing
				  responsibility and is the basis for the Exemption, Delegation of Approval, or
				  Planned Purchases Procedure.