Mississippi Administrative Code › Title 36 - Technology › Part 2 - Information Systems Services › Chapter 1 - ITS Roles in IT Procurement › Rule 36-2-1-201.4 - 001-030 Exceptions to ITS Purview

Current through June 25, 2024
State statute governing ITS provides for some specific
				  exemptions from ITS purview and also allows ITS to establish policies and
				  procedures for delegating bidding and contracting responsibilities for IT
				  procurement to the purchasing agency.
However, ITS is not authorized to
				  exempt any purchase from applicable state statute, including but not limited to
				  the competitive bid requirement.
Section
				  25-53-25(3)
				  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...." This
				  code section specifically states, however, that these acquisitions are NOT
				  exempt from public purchasing laws. Note that neither of these code sections
				  exempts acquisitions made by state agencies with federal funds from ITS
				  purview.
Section
				  25-53-25(2)
				  of the Mississippi Code gives ITS the authority to delegate purchasing
				  responsibility and is the basis for the Exemption, Delegation of Approval, and
				  Planned Purchases Procedures.
Equipment, software, or services for a specialized
				  application whose primary function or purpose is other than information
				  technology and for which any IT functionality or component is secondary or
				  incidental to the equipment's primary function are outside the purview of ITS.
ITS maintains a partial list of items and services about
				  which frequent questions are asked regarding ITS purview. The list is not
				  exhaustive and is updated as new situations arise.
The following procurements do not require ITS
				  approval. Because of potential impact on technology infrastructure,
				  notification to ITS is required in some cases, as noted below:
Product:
Examples:
Specialized medical or scientific products whose
							 primary purpose is other than information technology
Spectrophotometers/spectrometers CT and other
							 medical scanners
Equipment for performing lab tests or
							 analyses
Automated weather stations and monitoring
							 devices
Intelligent Medication Dispensers
Computer supplies
Laser and magnetic media
Printer toner cartridges
Computer paper
Computer accessories
Printer paper trays
Envelope feeders
Power strips
Surge protectors
Computer furniture
Computer desks
Computer cabinets
Technology Reference Manuals: hardcopy or
							 electronic
User manuals
Technical manuals
Electronic or online publication of state-published
							 documents (static, without functionality)
Annual reports
Policy manuals
State's "Blue Book"
Online Research or Educational Material (standard
							 "off the shelf delivery of
static
information
without
							 customized or interactive functionality)
Electronic magazines
Electronic databases: Lexis/Nexis, Westlaw,
							 Solinet
Electronic textbooks or reference
							 material
Radio/TV
broadcast
or
reception
equipment (i.e. one-way transmission)
Equipment needed to create, edit, and/or broadcast
							 audio/video programming
Cable television
Satellite dishes for receipt of television broadcast
							 programming (Note: Satellite transmission and reception systems for providing
							 communication facilities DO fall within ITS purview.)
Microfilm and other analog image storage
							 media
Microfilm/microfiche viewing and duplicating
							 equipment
Microfilm cameras
Digital indexing systems for analog storage
							 media
Digital cameras and self-contained surveillance
							 equipment
NOTE: Surveillance systems for which devices have
							 assigned IP addresses or have a network connection DO fall within ITS
							 purview
Surveillance cameras
Video monitors
Services:
Examples:
Vendor-independent Advisory/Research Subscription
							 Services: (Prior approval not required.
Supply ITS with a copy of any
							 supplement to an ITS Master Agreement
)
Gartner "seats" Subscription
Giga Advisory Service Subscription
Technology products or services provided by one
							 Mississippi agency or institution for another. These types of acquisitions are
							 specifically exempted from the bid requirement per Mississippi Code Section
							 31-7-13(m)
							 (vi).
Notify
ITS during the planning phase
							 for any acquisitions having market value above the current Delegation of
							 Approval Limits.
In addition, provide ITS with a copy of any contracts or
							 agreements executed for agency-to-agency acquisitions immediately upon
							 execution.
Note: If the acquisition commits the state
							 entity to expenditures with any
private company
in an
							 amount above the current Delegation of Approval limits, the acquisition is NOT
							 exempt from ITS purview.
The Mississippi EDNET Institute
Mississippi's public universities
State agencies
The John C. Stennis Institute of
							 Government
Technology products or services furnished to state
							 entities by other governmental entities or instruments or by peer or affiliated
							 organizations. These types of acquisitions are specifically exempted from the
							 bid requirement per Mississippi Code Section
							 31-7-13(m)
							 (vi).
Notify
ITS during the planning phase
							 for any acquisitions having market value above the current Delegation of
							 Approval Limits.
In addition, provide ITS with a copy of any contracts or
							 agreements executed for agency-to-agency acquisitions immediately upon
							 execution.
Note: If the acquisition commits the state
							 entity to expenditures with any
private company
in an
							 amount above the current Delegation of Approval limits, the acquisition is NOT
							 exempt from ITS purview.
Technology services provided by
contract
							 employees
, designated according to the agency's determination under the
							 guidelines of the Internal Revenue Service (IRS) Questionnaire for
							 Classification of Contractual Personnel.
(Note: IT services provided by
							 independent contractors DO fall under the purview of ITS)
.
Federal agencies: EPA, USDA AASHTO (American
							 Association of State Highway and Transportation Officials)
Public universities
Counterpart agency from another state
ITS customers should procure the items or services listed
				  above in compliance with the regulations of the Department of Finance and
				  Administration Office of Purchasing, Travel, and Fleet Management or the
				  regulations of the Personal Service Contract Review Board, or local purchasing
				  requirements
,
if applicable. However, if it is appropriate and
				  desirable to procure an item from the above list in conjunction with turnkey
				  information technology procurement, the item may be included with that
				  acquisition under ITS purchasing statute and procedures.
Even if the item being purchased is not listed above, ITS
				  approval may not be required if the equipment or service is for a special
				  purpose other than information technology.
When uncertain about a specific procurement, contact the ITS
				  Help Desk at (601) 432-8166 to determine whether ITS involvement is required.
				  To obtain
written
verification from ITS of whether ITS approval is
				  required for a specific acquisition, submit a letter or e-mail to: Information
				  Technology Services-ISS, 3771 Eastwood Drive, Jackson, MS 39211,
				  projects@its.ms.gov. Upon ITS staff review of the exemption request, if the ITS
				  staff concurs that the procurement is not within the scope of ITS
				  law/policy/procedure, the ITS Executive Director will write a letter or memo to
				  the requesting agency/public university specifying that the acquisition does
				  not fall within ITS purview. No CP-1 Acquisition Approval is issued or
				  required. The agency/public university may proceed with the procurement in
				  compliance with applicable laws.
25-53-25;
				  31-7-13