36 Miss. Code. R. 2-12-212.2
The following information is intended for use by vendors interested in doing business with the State of Mississippi Department of Information Technology Services.
Introduction
This information is provided for vendors regarding the Department of Information Technology Services (ITS) and the process of selling information systems equipment, software and related services to the State of Mississippi. This information explains ITS procurement procedures and addresses questions most frequently asked by vendors.
It is the goal of ITS to promote and maximize competition in the purchasing of information technology hardware, equipment, systems, software, and services for the State within Mississippi's information systems architecture. If you have not worked with ITS or sold to the State of Mississippi before, we welcome you to do so. If you have worked with us in the past, we thank you for your previous participation and encourage your participation in the future.
ITS Website
ITS maintains an Internet website with information of interest to ITS customers and vendors. Separate channels for Vendors and Customers help organize the information and focus your search. We invite you to visit our website at http://www.its.ms.gov. Use the contact information available on the website if you have additional questions or need answers concerning a specific situation or project.
Who is ITS?
ITS is a state agency established by law to oversee the State's acquisition and use of information technology. ITS coordinates the procurement of information technology for Mississippi agencies, public universities, and, optionally, governing authorities such as community/junior colleges, local governments, and K-12 schools and school districts. The procurement of information technology hardware, equipment, systems, software, and services for all state agencies and institutions of higher learning is under the jurisdiction of ITS.
ITS is governed by a five-member Board. The ITS Board plays a strong role in the procurement process. All procurements are made in compliance with 25-53 of the Mississippi Code and policies set by the Board. Procurements in excess of the Director Approval threshold, as defined in Section 018-030, must be approved by the Board. The Board has delegated to the Executive Director of ITS the discretion of approving procurements under these thresholds.
For many acquisitions it is necessary for state agencies and institutions of higher learning to acquire ITS approval prior to procurement of information technology hardware, equipment, systems, software, and services. Responsibility for some acquisitions has been delegated to the agencies and institutions under the Exemption, Delegation of Approval, or Planned Purchases Procedures. Explanation of which procurements require ITS' prior approval and which may be handled by the agency/institution without ITS' prior approval is detailed later in this document.
The acquisition of information technology by Mississippi agencies and institutions of higher learning are governed by the following laws:
* Computer/Data Processing (DP) procurements: Section 25-53-1, et seq. of the Mississippi Code.
* Telecommunications (TC) Procurements: Section 25-53-101, et seq. of the Mississippi Code. Both types of procurements are governed by the same policies and procedures.
Department of Finance & Administration Office of Purchasing, Travel, and Fleet Management
There are two different Mississippi agencies involved in the statewide purchasing function. ITS coordinates information technology purchases. Purchasing of items not related to information technology equipment, software and services is coordinated per Section 31-7 of the Mississippi Code through the Department of Finance and Administration (DFA) Office of Purchasing, Travel and Fleet Management. Purchasing of computer supplies falls within DFA oversight.
Groups to Whom ITS Procurement Procedures Apply
ITS Procurement procedures apply to the following groups:
* State Agencies
* State Institutions of Higher Learning (Public Universities)
* Governing Authorities (such as county boards of supervisors, State Community/Junior Colleges, school districts or municipalities.)
State agencies and institutions of higher learning (public universities) are required to follow ITS procedures in information technology procurements. Governing Authorities (such as county boards of supervisors, community and junior colleges, school districts, or cities) are not required to use ITS procurement procedures, but are allowed to use certain ITS procedures if they choose to do so. Governing Authority procurement procedures are described later in this document.
How ITS Publicizes Upcoming Acquisitions
ITS posts current solicitations for Request for Proposals and Sole Source Certifications on the ITS website. ITS does not maintain a bidder's list and vendors do not have to pre-qualify to respond to ITS RFPs. RFPs for upcoming acquisitions and Sole Source Certifications are also advertised in The Clarion-Ledger newspaper, the Mississippi State Government Transparency site located at www.ms.gov/dfa/contract bid search/, and ITS maintains a bulletin board of current technology solicitations near the reception area on the first floor or ITS administrative offices, 3771 Eastwood Drive, Jackson, MS 39211.
Watch for ITS advertisements in the newspaper or check the Internet listing. Newspaper ads and new listings on the website typically appear on Tuesdays. You may respond to any ITS solicitation for which your company has the requisite expertise. If you would like to submit a proposal to any ITS solicitation and are unable to download the solicitation from the Internet, you may contact the ITS Procurement Help Desk at 601-432-8166 or isshelp@its.ms.gov.)
Charges for Requests for Proposals
The vast majority of RFPs issued by ITS are available for download from the ITS website in Adobe and Word format at no cost.
ITS charges for printed copies of RFPs. See ITS Public Records Procedures for the current cost of a printed RFP. The vendor is required to deliver one of the following forms of payment before the vendor is given a copy of the RFP.
No cash will be accepted.
Overview of Procurement Procedures Used by ITS
To ensure full compliance with legal requirements, ITS handles procurements in the following ways:
Individual RFPs
ITS uses the RFP process for the procurement of high dollar, complex, and/or unique acquisitions, typically for a single acquisition by a single agency or institution. The ITS staff and the requesting agency or institution develop an RFP detailing the specific equipment, system, software and/or service requirements. Solicitations of proposals are published as detailed above. Any vendor may obtain a Word or PDF copy of the RFP from the Internet or request a copy of the RFP as specified above.
Vendors should carefully review the RFP project schedule for key dates. ITS and the procuring agency/institution may host a vendor's conference with attendance specified as either optional or mandatory. The RFP schedule will show the date and time of the vendor's conference, as well as the deadline for submission of written questions concerning the RFP. While vendors may receive verbal input from the State project team during the vendor's conference or from the designated State Contact Person for the RFP, vendors should be aware that only questions answered officially by the State in writing and posted to the ITS website at the RFP link are binding. Vendors should check the RFP link regularly for official addenda to the RFP, including posted questions and answers.
If a vendor elects to submit a proposal for consideration, the proposal must be submitted to ITS in accordance with all requirements outlined in the RFP by the date and time specified. No Late Proposals Will Be Accepted.
At the date and time the proposals are due, ITS opens, logs, and performs a preliminary validation of proposals received. Vendors are welcome to be present at the ITS offices at the date and time the proposals are due to observe this process.
ITS typically assists the procuring agency/institution in the evaluation of the proposals received. This evaluation process may require from a few hours to multiple weeks, depending on the complexity and scope of the RFP and the number and size of the proposals received. During the evaluation process, ITS may request clarifications of vendor proposal information. Because time is always of the essence in the procurement process, ITS requests that you provide prompt responses and accurate answers to all clarification requests. The ITS staff can satisfy our clients' needs most effectively with vendors who, in addition to providing good pricing, provide us with timely and accurate responses during the evaluation process. See Procurement Instruments: Requests for Proposals (RFPs) for additional information.
Special RFPs
ITS issues RFPs to establish a special proposal or proposals for use by a single or group of agencies/institutions. The terms and intended users and uses of special RFPs are spelled out in the specifications. See Procurement Instruments: Special RFPs for additional information.
General RFPs
ITS uses General RFPs for routine acquisitions by multiple agencies of items such as microcomputer equipment and software, printers, cabling, telephone equipment, mainframe/midrange components, small UNIX/Internet servers, and IT consulting services. To avoid the time and expense involved in soliciting individual proposals for each such acquisition, ITS advertises periodically to receive proposals on these high-volume categories of information technology.
Proposals received in response to a General RFP are used for a specified period of time (usually one year). There is no sole winning vendor. ITS validates each response but does not perform a preliminary selection from the proposals submitted. When a need arises during the year for equipment, software, or services in a General RFP category, all vendors proposing the products or services that meet the requestor's unique project requirements are sent a Letter of Configuration (LOC) by ITS. The LOC describes the exact needs of the customer and requests a proposal with pricing.
ISS staff issues LOCs to vendors with valid General RFP proposals who meet the qualifications for the specific project. For vendors meeting the criteria for a given project, the LOC is emailed to the vendor contacts listed in the General RFP response. In addition, vendors with valid General RFP proposals are given an unpublished URL to check for all LOCs. Valid General RFP vendors may respond to any LOC for that General RFP, even if they did not receive the LOC in the email distribution.
Unlike RFP responses, which require delivery of sealed, hard-copy proposals, LOC response may typically be submitted in hard-copy or by fax or email. Vendors should follow the Delivery Instructions in the individual LOC. All submitted proposals are evaluated and the lowest and best solution selected.
General RFPs are for use by the ITS staff on behalf of the procuring agency or institution. General RFPs are NOT for use by agencies, institutions and governing authorities without ITS involvement.
Vendors may submit or update General RFP responses throughout the year as detailed in the specifications. Details of RFP procedures are contained in the specifications provided to the vendor.
For a current list of categories of General RFPs, see the Multi-Use RFP Index. General RFP categories will be added and dropped as the demands change.
The ITS staff cannot overemphasize to the vendor the importance of the General RFP process and the importance of vendors' submitting and maintaining accurate and complete General RFP responses. Complete and accurate proposals provide the ITS staff with information about your products and/or services to determine whether they are a fit for a particular project. Your response to the General RFP is one of your best marketing tools for technology in state government.
Express Products Lists
ITS has established the Express Products Lists (EPLs) to offer agencies and institutions an expedited procurement procedure for routine acquisitions of microcomputers, servers and LAN components, printers, cellular telephone equipment, and software. ITS does an evaluation of EPL proposals upon receipt to select and publish the lowest and best offerings for each EPL in compliance with the law. EPLs may be used by state agencies, public universities, and governing authorities in the state to make purchases up to the specified dollar limits without ITS involvement.
Details regarding the EPLs may be found in the specifications for the RFPs soliciting Express Products Lists proposals and in the published EPL. See Procurement Instruments: Express Products Lists for additional information.
MAGIC Information
To receive payment from state agencies, Vendors must be set up in Mississippi's Accountability System for Government Information and Collaboration (MAGIC). Each ITS RFP will require the vendor to supply their MAGIC vendor code. If the vendor has not previously done business with the State, the registration can be completed at the link below.
https://sus.magic.ms.gov/sap/bc/webdynpro/sapsrm/wda_e_suco_sreg?sap-client=100
Marketing Activities to the State of Mississippi
Vendors are welcome to market products to the state agencies and institutions providing the marketing efforts are conducted in an open and ethical manner and are coordinated with ITS. In fact, ITS recognizes that the vendor is the best source of information regarding his product and appreciates the vendor's willingness and cooperation in working with ITS and the agencies and institutions to publicize how the capabilities of these products can enhance the State's information technology needs.
Vendors can most successfully market to the State by understanding and working within Mississippi's information technology planning, budgeting, and procurement framework. The points below outline this framework.
In support of state agencies and institutions information technology infrastructure, ITS takes an enterprise perspective regarding the State's information systems. A procurement of information systems technology should be made from the viewpoint of the State as a whole. This enterprise perspective is essential for ITS and the agencies and institutions we serve to carry out the mission and the intent of the law effectively.
If you find where your product corresponds with the State's information technology strategic direction, and the agency or institution's needs, and market from that angle, you should be more successful in marketing to the State.
The client agency begins the procurement process at least two years prior to the actual issuance of a purchase order to the vendor when the agency develops its information technology plan. For instance, an agency must plan in January-April 2004 for purchases to be procured NO SOONER than July 2005. The agency must then budget for the planned acquisition in the August 2004 time frame and the Legislature must appropriate the funds during the legislative session in the January-April 2005 time frame. The resulting acquisition takes place between July 2005 and June 2006.
You, the vendor, will be most successful if you begin your marketing effort with ITS and the agency/institution during the planning process.
Procurements Which Require ITS Approval Prior to Acquisition
ITS is the purchasing and contracting agent for all acquisitions of information technology equipment, software, and services that fall within the scope of ITS authority. Contracts without the signature of the Executive Director of ITS are not valid except those delegated to the agency/institution.
ITS approval before the purchase in the form of a CP-1 Acquisition Approval Document is required for acquisitions of information technology equipment, software, and services by state agencies/institutions unless the purchase is handled under the Exemption, Delegation of Approval, or Planned Purchases Procedures described below.
Exemptions Procedure
ITS may delegate individual procurement projects to the agency/institution under the ITS Exemption Procedure. State agencies and institutions of higher learning may request to make specific procurements of information systems technology without further ITS involvement. ITS' exemption of the procurement gives the agency/institution the responsibility and accountability of making the procurement, including competitive proposal solicitation and contracting, in good faith compliance with the ITS laws. See Procurement Types: Exemptions for additional information.
Delegation of Approval
ITS also has delegated certain routine information technology acquisitions to the agencies/institutions. Purchases may be made under these procedures without prior ITS approval. See Procurement Limits Policies, Section 015 of the Procurement Handbook, for specific delegation dollar amounts and categories (Section 015-010 for agencies and Section 015-020 for institutions of higher learning).
Planned Purchases Procedure
As the coordinator of the long range planning effort of information technology in the State, the ITS Strategic Services Division works with agencies during the planning process to determine procurements that could be most appropriately acquired from the EPLs. Under the Planned Purchases Procedure, a participating agency is given authorization up to a specified dollar amount to make the identified procurements from the EPLs without further ITS involvement. See Procurement Request Types: Planned Purchases for additional information.
Necessary Components of a Legal Acquisition
Procurements of information technology equipment, software and services involve at minimum the agency/institution for whom the purchase is being made, ITS, and the vendor. It is important that the vendor understand its role, that of ITS, and that of the agency/institution.
The following components are necessary for a legal sale to a state agency or institution of higher learning:
An ITS CP-1 Acquisition Approval Document must be issued to the agency/institution for any information technology acquisition unless the procurement has been made under the Exemption Procedure. An order from an agency/institution that was not made in accordance with ITS procedures DOES NOT constitute a valid purchase order. ITS strongly recommends that the vendor verify that the agency/institution has followed a legal ITS procurement procedure for any order from a state agency or institution. Typically, the purchase order should reference an ITS CP-1 Acquisition Approval Document reference number, should be from a valid Express Products List, or should be below the cost thresholds requiring ITS oversight. See Procurement Limits Policies, Section 015 of the Procurement Handbook, for specific delegation dollar amounts and categories (Section 015-010 for agencies and Section 015-020 for institutions of higher learning).
The Executive Director of ITS is, by state statute, the purchasing and contracting agent for information technology hardware, equipment, systems, software, and services made by agencies and institutions of higher learning in the State of Mississippi. All contracts (other than those related to procurements delegated to agencies and institutions as described above) MUST be signed by the Executive Director of ITS to be legally binding. Successful vendors must agree to basic contractual terms and conditions required by the State of Mississippi.
The agency/institution is responsible for paying for and receiving the products/services purchased. Funding and payment issues are not within ITS control. ITS CP-1 approval and execution of the contract do NOT constitute a certification that funding is available for the acquisition. The agency/institution is ultimately responsible for verifying availability of funding and issuing a purchase order to the vendor to complete the order. Vendor is responsible for all risks involved in illegal sales to the State and may be required to take back without payment items illegally sold to the State. When in doubt, call ITS for clarification.
NOTE: Billing must be directed to the purchasing agency/institution as specified on the purchase order. Do not send agency/institution billing to ITS unless explicitly directed on the purchase order to do so.
Purchases by Governing Authorities
Acquisitions of information technology hardware, equipment, systems, software, and services made by governing authorities DO NOT require ITS approval. Governing authorities are not required to get ITS approval or to have a CP-1 Acquisition Approval Document for making information technology purchases. Governing authorities are not required to use the ITS Express Products Lists (EPLs) to make information technology purchases but can do so if they choose as a mechanism for meeting the requirements of public purchasing laws. The Public Purchasing Law defines governing authorities in section 31-7-1(b). Permission is granted within the Public Purchasing Law for governing authorities to use ITS' proposals, by exempting from bid requirements those items covered by purchase agreements arranged by ITS (Section 31-7-13(m)(xi)).
Reference Information Regarding State Purchasing Laws
The data processing procurement laws are contained in Section 25-53-1 et seq of the Mississippi Code of 1972. The telecommunications procurement laws are contained in Section 25-53-101 through 25-53-125 of the Mississippi Code of 1972. The Public Purchasing Law is contained in Section 31-7-1 et seq of the Mississippi Code.
Section 25-53-25 of the Mississippi Code 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...."
Section 25-53-25 of the Mississippi Code gives ITS the authority to delegate purchasing responsibility and is the basis for the Exemption, Delegation of Approval, or Planned Purchases Procedure.
36 Miss. Code. R. 2-12-212.2