36 Miss. Code. R. 2-6-206.2

Current through August 31, 2024
Rule 36-2-6-206.2 - 011-030 Procurement Instruments: Express Products Lists (EPLs)

Express Products Lists (EPLs) are compilations of proposals competitively solicited by ITS, evaluated, and awarded, usually to multiple vendors, for the purchase of IT commodity products. These lists, when used in accordance with ITS instructions, meet all requirements of Mississippi law for legal competitive procurement of technology products.

EPL categories are added, changed and dropped based upon purchasing demand. Agencies, public universities, community/junior colleges, K-12 schools, and other governing authorities may, but are not required to, use the lists to make information technology purchases in accordance with ITS procedures and guidelines.

Note: When an ITS customer uses an EPL as their procurement authority, that customer is accepting, by their use of the instrument, the requirements as described in the published EPL, the underlying Request for Proposal, and, when applicable, the EPL Purchase Agreement or contract executed by the EPL vendor and ITS on the customer's behalf.

EPL Distribution

ITS publishes selected Express Products Lists on the ITS website.

ITS will distribute single copies of some EPLs upon request to the individual designated by the agency/institution to receive EPLs (typically the purchasing agent). Distribute additional copies to interested persons in your agency/institution.

Procedures for Using Express Products Lists

Agencies may make purchases from an EPL up to the dollar limit specified in that EPL without advance approval from ITS. For further information regarding dollar limits and use of EPLs, see the following sections of this handbook:

(1) Procurement Limits Policies: State Agencies, Section 015-010
(2) Procurement Request Types: Planned Purchase, Section 013-080
(3) ITS Telecommunications Contracts and Services for State Agencies, Section 011-080.

Public universities may make purchases from an EPL up to the dollar limit specified in the EPL without advance approval from ITS. For further information see the following sections of this handbook:

(1) Procurement Limits Policies: IHLs, Section 015-020
(2) ITS Telecommunications Contracts and Services for IHLs, Section 011-085.

Governing authorities may make acquisitions from an EPL up to the dollar limit specified in the EPL.

Purchase orders using an EPL must be coded with the EPL Number (RFP Number) and a copy of the applicable EPL pages should be retained with the purchasing documentation to provide an audit trail. Each EPL has its own "Instructions for Use". Within this document are sections addressing "best practices" and "what goes in your purchase/audit file".

Items included on ITS EPLs are based upon customer buying demands. ITS does not necessarily endorse or support products appearing on an EPL.

Responsible Use of EPLs

EPLs are excellent tools for making routine purchases. They are, however, general purpose in nature and must be used responsibly and in good faith. The larger the dollar amount purchased from an EPL, the more evaluation and documentation is recommended. The following are guidelines for responsible use of an EPL:

* Always consider the alternative of bidding the purchase, especially large purchases, if you reasonably expect that you would get better pricing or contractual terms and conditions that obligate the vendor to meet your specific requirements. Document for the purchasing file the rationale for using the EPL versus bidding the purchase.

* ITS encourages purchasers to aggressively seek the best possible value from an EPL based upon established EPL specifications and proposals. Pricing is one major factor in selecting vendors for the EPL. However, because pricing for information technology hardware generally tends to decrease, ITS strongly encourages purchasers to check with the vendor before placing an order. Vendors are required by the terms of the EPL to pass price decreases to the State. If purchasing multiple items from the list, check with the vendor about quantity pricing. Many vendors price their proposals based upon "quantity of one" purchases and may be able to provide a better price based upon quantity purchases. Purchasers should be aware that it is often appropriate to negotiate with EPL vendors for better pricing, especially when multiple units are being acquired or the EPL is approaching the end of its cycle.

* EPL customers are encouraged to secure these "best possible value" scenarios in writing from all EPL vendors meeting their specifications within a given class. Award the purchase to the lowest and best bidder and maintain all documentation with the purchasing file as an audit trail.

* To maintain the integrity of the EPL process, EPL customers and vendors must adhere to all requirements of the RFP and the Instructions for Use memo issued for each EPL. If you have questions, Contact the ITS Procurement Help Desk at 601-432-8166.

Tips for Making a Successful EPL Purchase

Compatibility can be a major issue in configuring information technology. ITS strongly advises you to contact the vendor to make sure components you purchase from any EPL will be compatible with each other or with your existing equipment.

Technical specifications may not all be represented on the EPL printout. ITS strongly advises that you contact the vendor to verify all critical specifications about the product you intend to purchase.

Vendors are required by the terms of their EPL proposals to provide timely delivery of items on the list. There are occasionally circumstances that prevent a vendor from making timely delivery. Report problems with timely delivery to ITS. Vendors who have chronic difficulties delivering will be excluded from future EPLs. However, to mitigate any delivery problems, ITS strongly encourages you to check with the vendor before you place an order, especially near the end of the fiscal year or when you have other critical delivery requirements.

If there is a problem with item availability, the vendor is expected, within reason, to offer you an equivalent or better substitute at or below the original price. It is your responsibility to make sure that the substitution is equivalent to or better than the original offering.

If you have difficulties using or suggestions regarding an EPL let ITS know. Our address is:

Information Technology Services

ATTN: EPL

3771 Eastwood Drive

Jackson, MS 39211

FAX: (601) 713-6380

You may also contact the ITS Procurement Help Desk at 601 432-8166 or isshelp@its.ms.gov.

36 Miss. Code. R. 2-6-206.2

25-53-5 (o)
Amended 7/1/2015
Amended 11/18/2015
Amended 11/24/2017