Mississippi Administrative Code › Title 36 - Technology › Part 2 - Information Systems Services › Chapter 6 - Procurement Instruments › Rule 36-2-6-206.5 - 011-070 Procurement Instruments: Cooperative Purchasing Agreements

Current through June 25, 2024
ITS statute requires that acquisitions of technology
				  hardware, software, and services involving the expenditure of funds in excess
				  of $50,000 lifecycle cost ($25,000 for projects funded by the American Recovery
				  and Reinvestment Act) be based upon competitive and open specifications. This
				  statute further requires that contracts for these acquisitions be entered into
				  only after advertisements of proposal solicitations are published in one or
				  more
daily newspapers having a general circulation in the State
not less than fourteen days prior to receiving proposals. This section of the
				  Mississippi Code, with its requirement for advertisement in a local newspaper,
				  has limited the ability of Mississippi agencies to use cooperative purchasing
				  agreements established by other local, state, and federal entities for
				  technology purchases.
Mississippi public purchasing code and subsequent
				  interpretation statute by the Mississippi Attorney General have provided two
				  avenues for the utilization of cooperative purchasing agreements for the
				  acquisition of information technology products and services:
(1)
Certified Purchasing
				Offices:
Senate Bill 2344, 2003 Regular Legislative Session, added
				  Section
				  31-7-13(m)
				  (xxix) to Mississippi Code, exempting from
				  bid requirements purchases made by
certified purchasing offices
of
				  state agencies pursuant to qualifying cooperative purchasing agreements.
				  Attorney General Opinion No. 2004-0572 affirmed that ITS has the authority to
				  establish rules and procedures for the utilization of cooperative purchasing
				  agreements by certified purchasing offices for information technology
				  purchases. See Certified Purchasing Office Guidelines on the DFA website for
				  the requirements for certification and for a list of certified purchasing
				  offices in the state.
(2)
Cooperative Purchasing Agreements approved by DFA
:
Mississippi Code Section
				  31-7-7(b),
				  charges the Department of Finance and Administration (DFA) with arranging
				  purchasing agreements for the acquisition of commodities by Mississippi public
				  entities. Once these agreements are established, purchases may be made through
				  the provisions of Mississippi Code Section
				  31-7-13(m)
				  (i), which provides an exemption from bid
				  requirements for acquisitions made from such agreements. Attorney General
				  Opinion No. 2006-0159 states that DFA may adopt as its own approved purchase
				  agreements the cooperative agreements that have been developed by other states
				  and local governments. Attorney General Opinion No. 2006-0457 provides that ITS
				  has the authority to adopt procedures for submitting purchasing agreements to
				  DFA for approval to be utilized by ITS on behalf of agencies and institutions
				  of the state.
To initiate a technology purchase from any cooperative
				  purchasing agreement utilizing either of the two approaches outlined above,
				  submit a procurement request to ITS.
Procedure for making technology acquisitions
				  from cooperative purchasing agreements:
*
Submit a Competitive Procurement Request
				  form, including the Cooperative Purchasing Agreement Supplement to the request
				  form.
*
Indicate whether your agency or institution
				  is a Certified Purchasing Office.
*
ITS will evaluate the request, including the
				  agency's justification that use of the cooperative agreement is "in the best
				  interest of the government entity" (a statutory requirement in Mississippi Code
				  Section
				  31-7-13(m)
				  (xxix)). Considerations will include an
				  evaluation of comparable market pricing; comparisons with any existing ITS
				  purchase instruments that cover the same products; the uniqueness of the
				  product or service in the marketplace; contract terms and conditions; and cost
				  and time requirements for acquiring the product or services in another manner.
*
If the requesting agency or institution is
				  not a Certified Purchasing Office and the cooperative agreement has not been
				  previously approved by DFA, ITS will submit the cooperative purchasing
				  agreement to DFA for approval as a DFA purchase agreement.
*
If this is the first time this cooperative
				  agreement has been used for a technology procurement through ITS, ITS will
				  research the requirements for use, including any necessary organizational
				  memberships or other prerequisites. The requestor should provide any known
				  information concerning these requirements on the Cooperative Purchasing
				  Agreement Supplement form submitted to ITS.
*
ITS will issue a CP-1 with special
				  "cooperative purchasing" language included. (NOTE: ITS approvals for using a
				  cooperative purchasing agreement are project-specific and on a
				  project-by-project basis.)
*
ITS will work with the customer on any
				  contract supplement required.
*
ITS will work with the vendor to register in
				  MAGIC, if the vendor is not in MAGIC, and to provide the vendor with
				  information on the State's requirement for receiving payment through PayMode.
31-7-13 (m); 31-7-7
				  (b)