Today is May 16, 2012
Frequently Asked Questions
Question: Who can buy through ITS and who must?Question: What acquisitions are under ITS purview?
Question: Do I have to go through the competitive bid process?
Question: Can an agency handle a procurement themselves?
Question: How do I initiate an IT procurement request?
Question: Do IT services have to be bid?
Question: What if a vendor offers the services at no cost?
Question: How do I check the notification of award for an RFP?
Question: What are EPLs and who can use them?
Question: What if I need a product or service that is not on an EPL?
Question: What if the product or service is only available from one vendor?
Question: Who can buy through ITS and who must?
Answer: State agencies and institutions of higher learning (IHLs) are required by law to follow ITS procedures in information technology procurements for hardware, software and services. The only statutory exceptions are for any agency financed entirely by federal funds and 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, municipalities) are not required to use ITS procurement procedures but may choose to do so as one way of meeting public purchasing requirements.
Please refer to section 001-010 Introduction to ITS and Technology Procurement for more information.
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, municipalities) are not required to use ITS procurement procedures but may choose to do so as one way of meeting public purchasing requirements.
Please refer to section 001-010 Introduction to ITS and Technology Procurement for more information.
Question: What acquisitions are under ITS purview?
Answer: Information Technology Equipment, Software, and Services
Section 25-53-3 of the Mississippi Code of 1972 defines ITS authority over the acquisition of any information technology, computer or telecommunications equipment, electronic word processing and office systems, or services utilized in connection therewith, including, but not limited to, all phases of computer software and consulting services and insurance on all state-owned computer equipment.
Please note that, unlike public purchasing law, the statute that defines ITS' purview over technology acquisitions includes services. All technology services, whether for direct, hands-on skills such as application development and network support, or for such technology consulting services as technology studies, project management, technology advisory roles, quality assurance support, and facilities management, are within ITS purview.
- Electronic Government
- Internet and Application Service Providers
- Printers/Copiers
- Document Imaging and Management
- Management Consulting Services
- Donations and Gifts of Information Technology
- Insurance on State-owned Computer Equipment
Section 25-53-3 of the Mississippi Code of 1972 defines ITS authority over the acquisition of any information technology, computer or telecommunications equipment, electronic word processing and office systems, or services utilized in connection therewith, including, but not limited to, all phases of computer software and consulting services and insurance on all state-owned computer equipment.
Please note that, unlike public purchasing law, the statute that defines ITS' purview over technology acquisitions includes services. All technology services, whether for direct, hands-on skills such as application development and network support, or for such technology consulting services as technology studies, project management, technology advisory roles, quality assurance support, and facilities management, are within ITS purview.
Question: Do I have to go through the competitive bid process?
Answer: According to ITS Law, competitive bids or proposals must be solicited for all acquisitions of information technology (IT) equipment/hardware, software, and services in excess of $50,000 (in excess of $25,000 for projects funded by the American Recovery and Reinvestment Act (ARRA). The list below summarizes the default bid requirements for IT acquisitions:
Also, some categories of information technology have special purchasing requirements. For example, eGovernment services may require an advertised bid even when no payments are made directly to the vendor. In addition, all telecommunications services have special purchasing requirements and there is generally no delegation for acquiring any telecommunications services outside the vendor contracts established by ITS.
Products and services available from a single source are exempt from the bid requirement. Please note that Mississippi has stringent requirements for sole source justification. In addition, state law makes provision for emergency purchases without an advertised bid under certain circumstances.
Reference 015 - 010 ITS Procurement Limits Policies: State Agencies or 015 - 020 ITS Procurement Limits Policies: IHLs in the Procurement Handbook for information regarding procurement
guidelines based on the type of procurement and total life cycle cost.
- Under $5,000 - Delegated to agencies and IHLs; May purchase without bids, proposals or quotes.
- $5,001 to $50,000 ($25,000 for projects funded by ARRA) - Delegated to agencies and IHLs; May purchase after obtaining at least two competitive, written bids or quotes. (Please note an Express Products List cannot be used as one of these quotes.)
- $50,000 and over ($25,001 and over for projects funded by ARRA) - State statute requires a formal, advertised competitive procurement process.
Agencies: Submit a Competitive Procurement Request form for ITS to advertise, issue written specifications and receive sealed bids or proposals. IHLs: Delegated to conduct competitive process without ITS involvement up to $250,000 lifecycle cost.
Also, some categories of information technology have special purchasing requirements. For example, eGovernment services may require an advertised bid even when no payments are made directly to the vendor. In addition, all telecommunications services have special purchasing requirements and there is generally no delegation for acquiring any telecommunications services outside the vendor contracts established by ITS.
Products and services available from a single source are exempt from the bid requirement. Please note that Mississippi has stringent requirements for sole source justification. In addition, state law makes provision for emergency purchases without an advertised bid under certain circumstances.
Reference 015 - 010 ITS Procurement Limits Policies: State Agencies or 015 - 020 ITS Procurement Limits Policies: IHLs in the Procurement Handbook for information regarding procurement
guidelines based on the type of procurement and total life cycle cost.
Question: Can an agency handle a procurement themselves?
Answer: ITS has an Exemption procedure in place to allow agencies in special situations to handle a procurement in-house. The Exemption procedure allows agencies and institutions to request exemption from ITS to handle specific information technology procurement projects which, 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 procedure exempts projects from ITS involvement in the procurement. It does not exempt the agency or institution from following public purchasing requirements. 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.
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 procedure exempts projects from ITS involvement in the procurement. It does not exempt the agency or institution from following public purchasing requirements. 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.
Question: How do I initiate an IT procurement request?
Answer: Requests for the procurement of information technology hardware, software or services should be submitted to ITS using the Competitive Procurement Request form and appropriate attachments. Please see 009-005 Procurement Process: Submitting a Request
Procurement requests should be sent to ITS via
Procurement requests should be sent to ITS via
- e-mail at ISSProjectRequests@its.state.ms.us,
- fax (601-354-6016),
- mail at ITS, 301 North Lamar Street, Suite 508, Jackson, Mississippi 39201-1495, or
- online.
Question: Do IT services have to be bid?
Answer: Yes, Section 25-53-3 of the Mississippi Code of 1972 defines ITS' authority over the acquisition of any information technology, computer or telecommunications equipment, electronic word processing and office systems, or services utilized in connection therewith, including, but not limited to, all phases of computer software and consulting services and insurance on all state-owned computer equipment.
Please note that, unlike public purchasing law, the statute that defines ITS' purview over technology acquisitions includes services. All technology services, whether for direct, hands-on skills such as application development and network support, or for such technology consulting services as technology studies, project management, technology advisory roles, quality assurance support, and facilities management, are within ITS purview.
Reference 001-020 - Acquisitions with ITS Purview in the Procurement Handbook for more information.
Please note that, unlike public purchasing law, the statute that defines ITS' purview over technology acquisitions includes services. All technology services, whether for direct, hands-on skills such as application development and network support, or for such technology consulting services as technology studies, project management, technology advisory roles, quality assurance support, and facilities management, are within ITS purview.
Reference 001-020 - Acquisitions with ITS Purview in the Procurement Handbook for more information.
Question: What if a vendor offers the services at no cost?
Answer: The Attorney General's office has affirmed that ITS has the authority to establish a procedure requiring the definition of requirements and a competitive contract award for the procurement of IT services, regardless of the funds actually paid up-front by a state entity. The competitive process ensures the state’s requirements are well defined, project contracts are negotiated to protect the state’s interest, and the vendor selected is the one with the most advantageous combination of cost and services.
Question: How do I check the notification of award for an RFP?
Answer: Check the Quick Link located in the green navigation bar on the right side of the ITS web site entitled RFPs Opened.
Question: What are EPLs and who can use them?
Answer: Express Products Lists (EPLs) are compilations of proposals competitively solicited by ITS. Categories are added, changed and dropped based upon purchasing demand. Agencies,universities, community/junior colleges, and governing authorities may use the lists to make information technology purchases in accordance with ITS procedures and guidelines.
Please see 011-030 Procurement Instruments: Express Product Lists (EPLs) for more information.
Please see 011-030 Procurement Instruments: Express Product Lists (EPLs) for more information.
Question: What if I need a product or service that is not on an EPL?
Answer: The agency or IHL may either fill out a Competitive Procurement Request form or ask for an Exemption to bid the products or services themselves.
Reference 015-010 Procurement Limits Policies: State Agencies or 015-020 Procurement Limits Policies: IHLs
Reference 015-010 Procurement Limits Policies: State Agencies or 015-020 Procurement Limits Policies: IHLs
Question: What if the product or service is only available from one vendor?
Answer: Mississippi Public Purchasing Law (Section 31-7-13) specifies that noncompetitive items available from one source only be exempted from bid requirements (sole-sourced). ITS statute, in Section 25-53-5 (p), permits ITS to utilize provisions in Public Purchasing law or regulations, when applicable. In certain limited situations, with appropriate written documentation and proper approval, information technology acquisitions may be sole-sourced. ITS applies a strict interpretation of the single source definition and is a strong advocate for conducting a competitive process unless the reasons for not competing are overwhelming and incontrovertible.
Per Public Purchasing law, acquisitions must meet the following criteria to be authorized as sole source:
Per Public Purchasing law, acquisitions must meet the following criteria to be authorized as sole source:
- The product or services being purchased must perform a function for which no other product or source of services exists,
- The purchaser must be able to show specific business objectives that can be met only through the unique product or services, AND
- The product or services must be available only from the manufacturer and NOT through resellers who could submit competitive pricing for the product or services.
