Mississippi Administrative Code › Title 36 - Technology › Part 2 - Information Systems Services › Chapter 7 - Procurement Types › Rule 36-2-7-207.3 - 013-040 Procurement Types: Exemption

Current through June 25, 2024
The Exemption procedure allows agencies and institutions to
				  request exemption from ITS to handle specific information technology
				  procurement projects that, 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/institution has the in-house resources and expertise
				  to procure without ITS involvement.
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 PDF and Word formats on the ITS website. Customers
				  may also submit exemption requests via ITS' online procurement request system.
All exemption requests must be signed by the Executive
				  Director of the agency or the CIO of the institution of higher learning, or
				  that person's designee. The name and title of the agency head, institution CIO,
				  or designee should be entered on the line to the bottom left of the request
				  form and the form should be signed and dated on the bottom right.
ITS staff reviews the information submitted on the exemption
				  request form concerning the acquisition, including the procurement approach
				  that will be used and the estimated total lifecycle cost. The exemption request
				  will be approved by the ITS Executive Director, or will be presented to the ITS
				  Board for approval if the total lifecycle cost exceeds the Director Approval
				  threshold.
A CP-1 Acquisition Approval Document is issued for the
				  amount of the exemption, based on the agency's estimate of the total lifecycle
				  cost. Agencies that issue purchase orders through DFA should be aware that this
				  CP-1 is uploaded by ITS into MAGIC to authorize processing payment for an
				  exempted procurement. This approval is not vendor specific, as it is issued
				  prior to the procurement process. When exempting a procurement, ITS will
				  specify the maximum amount exempted on the CP-1 Acquisition Approval Document.
The agency/institution must submit a request for approval of the
				  additional dollar amount if the procurement results in a cost greater than the
				  estimated total used in the original exemption.
When approval is received, the agency/institution may
				  proceed with the procurement without further involvement from ITS, as outlined
				  under "Agency/Public University Responsibilities" below.
An exemption cannot be used in conjunction with a sole
				  source acquisition. Sole source acquisitions should be submitted to ITS on a
				  Sole Source Certification Request form.
The requirement of soliciting bids or proposals for services
				  that can be competitively provided is NOT waived by an ITS exemption. All
				  applicable statutes for competitive procurements must still be followed by the
				  purchasing entity.
An exemption should also be requested if an agency desires
				  to issue a Request for Information (RFI) without ITS involvement. Note that an
				  RFI is for information gathering purposes only and cannot be used as a
				  procurement award for the purchase of IT hardware, software or services.
Agency/Public University Responsibilities
For exempted acquisitions, the purchasing agency/institution
				  is responsible for making the purchase within the dollar amount authorized by
				  ITS on the CP-1 Acquisition Approval Document and for following all applicable
				  statutory requirements throughout the procurement process, including but not
				  limited to those outlined in Title 25, Chapter 53 of Mississippi Code. These
				  requirements include:
(1) development
				of competitive and open specifications;
(2) issuing an advertisement to solicit bids
				or proposals according to Section
				25-53-5(o)
				of the Mississippi Code;
(3)
				conducting a thorough and equitable evaluation of all proposals
				received;
(4) responding in a
				timely manner to all public records and post-procurement review requests;
				and
(5) negotiating and signing a
				contract, if applicable, within the scope and intent of the specifications. ITS
				does not participate in any of these steps for exempted procurements.
In the negotiation of contracts for the products and
				  services being obtained, agencies and public universities should be aware that,
				  per a 1993 Attorney General Opinion, state agencies do not have the authority
				  to allow a vendor to limit its liability. Pursuant to Section
				  25-53-21(e)
				  of the 1972 Mississippi Code Annotated, as amended, the Executive Director of
				  ITS may negotiate a limitation on the liability to the State of prospective
				  contractors provided such limitation affords the State reasonable protection.
				  This authority to negotiate a limitation of liability applies ONLY to contracts
				  negotiated by ITS for execution by the ITS Executive Director and does
not
apply to contracts negotiated for exempted procurements.
If a vendor protest results from the exempted procurement,
				  however, the rules and guidelines of the ITS Protest Procedure and Policy
				  apply, with the ITS Executive Director receiving and responding to the protest.
Refer to 009-001 ITS Procurement Process Flows for
				  additional information, specifically the flow labeled Exemption Approvals.
25-53-25
				  (2)