Mississippi Administrative Code › Title 36 - Technology › Part 2 - Information Systems Services › Chapter 1 - ITS Roles in IT Procurement › Rule 36-2-1-201.1 - 001-010 Introduction to ITS and Technology Procurement

Current through June 25, 2024
Introduction: The Mississippi Department of Information
				  Technology Services (ITS) was created by the legislature to maximize the use
				  and benefit of information technology in state government by promoting full
				  cooperation, coordination, cohesive planning, and maximum compatibility among
				  all state agencies and institutions of higher learning. State statute
				  establishing ITS and outlining the duties and responsibilities of the agency is
				  found in Mississippi Code Section
				  25-53-1,
				  et seq. Lexis Publishing is the official publisher of the Mississippi Code,
				  which can be accessed through the Secretary of State's website:
Search the Mississippi Code at Michie's Legal Resources
				  powered by LexisNexis Publishing
A summary of ITS statute is found in this handbook under
				  001-050 Summary of ITS Statute.
The acquisition of information technology for all state
				  agencies and institutions of higher learning (IHLs) is within the scope of the
				  ITS law and the policies and procedures established in accordance with this
				  statute. ITS law and policy cover the procurement of all information technology
				  hardware, software, and services by state agencies and IHLs.
The responsibilities of ITS in the procurement of technology
				  for the state of Mississippi include:
*
Furnishing customers with technical guidance
				  and assistance in complying with the legal requirements of state purchasing
				  laws for information technology
*
Maximizing competition among technology
				  manufacturers and service providers
*
Maximizing the compatibility of the State's
				  information resources
*
Acquiring complete information technology
				  solutions that provide the best combination of functionality and cost
*
Leveraging the State's combined purchasing
				  power to provide the best possible discounts
State agencies and institutions of higher
				  learning
are required by law to follow ITS procedures in information
				  technology procurements. The only statutory exception is for acquisitions by
				  institutions of higher learning made wholly with federal funds. Note that there
				  is
no
exception for state agency projects that are federally
				  funded, use grant money, or paid for via other nontraditional funding models.
For many acquisitions, agencies and IHLs must obtain ITS
				  approval prior to initiating a purchase. For other acquisitions, ITS has
				  delegated responsibility for technology purchases to the agencies and
				  institutions according to specific guidelines.
Governing authorities
(e.g. community/junior
				  colleges, county boards of supervisors, school districts, and municipalities)
				  are not required to use ITS procurement procedures but may choose to do so as
				  one way of meeting public purchasing requirements.
Public Purchasing Law
, Mississippi Code Title
				  31, Chapter 7, governs the purchase of commodities, non-IT equipment, and
				  travel for the state of Mississippi. This law is administered by the
				  Mississippi Department of Finance and Administration (DFA), Office of
				  Purchasing, Travel, and Fleet Management (OPTFM) and can be accessed through
				  the Secretary of State's website:
Search the Mississippi Code at Michie's Legal Resources
				  powered by LexisNexis Publishing
ITS utilizes the provisions of Public Purchasing Law and
				  DFA/OPTFM purchasing guidelines for
Sole Source
and
Emergency
procurements of information technology. ITS
				  also works closely with DFA to assist customers and vendors in interpreting and
				  complying with the provisions of ITS and Public Purchasing statutes. To the
				  extent possible, the staffs of these two organizations keep rules and
				  procedures synchronized for IT and non-IT procurements.
The
Personal Service Contract Review Board
				  (PSCRB
) governs the solicitation and selection of contractual services
				  personnel for personal and professional services that do
not
involve information technology. Note that IT professional services provided by
contract workers
, as opposed to
independent
				  contractors
, are outside the scope of ITS law and policy and therefore
				  fall under the guidelines of the Personal Service Contract Review Board.
				  Personal Service Contract Procurement Regulations can be accessed through the
				  State Personnel Board's website.
25-53-1, et seq;
				  31-7-1 et seq; 25-9-120