36 Miss. Code. R. 2-1-201.1
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:
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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:
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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.
36 Miss. Code. R. 2-1-201.1