36 Miss. Code. R. 2-6-206.5
ITS statute requires that acquisitions of technology hardware, software, and services involving the expenditure of funds in excess of $50,000 lifecycle cost ($25,000 for projects funded by the American Recovery and Reinvestment Act) be based upon competitive and open specifications. This statute further requires that contracts for these acquisitions be entered into only after advertisements of proposal solicitations are published in one or more daily newspapers having a general circulation in the State not less than fourteen days prior to receiving proposals. This section of the Mississippi Code, with its requirement for advertisement in a local newspaper, has limited the ability of Mississippi agencies to use cooperative purchasing agreements established by other local, state, and federal entities for technology purchases.
Mississippi public purchasing code and subsequent interpretation statute by the Mississippi Attorney General have provided two avenues for the utilization of cooperative purchasing agreements for the acquisition of information technology products and services:
Senate Bill 2344, 2003 Regular Legislative Session, added Section 31-7-13(m) (xxix) to Mississippi Code, exempting from bid requirements purchases made by certified purchasing offices of state agencies pursuant to qualifying cooperative purchasing agreements. Attorney General Opinion No. 2004-0572 affirmed that ITS has the authority to establish rules and procedures for the utilization of cooperative purchasing agreements by certified purchasing offices for information technology purchases. See Certified Purchasing Office Guidelines on the DFA website for the requirements for certification and for a list of certified purchasing offices in the state.
Mississippi Code Section 31-7-7(b), charges the Department of Finance and Administration (DFA) with arranging purchasing agreements for the acquisition of commodities by Mississippi public entities. Once these agreements are established, purchases may be made through the provisions of Mississippi Code Section 31-7-13(m) (i), which provides an exemption from bid requirements for acquisitions made from such agreements. Attorney General Opinion No. 2006-0159 states that DFA may adopt as its own approved purchase agreements the cooperative agreements that have been developed by other states and local governments. Attorney General Opinion No. 2006-0457 provides that ITS has the authority to adopt procedures for submitting purchasing agreements to DFA for approval to be utilized by ITS on behalf of agencies and institutions of the state.
To initiate a technology purchase from any cooperative purchasing agreement utilizing either of the two approaches outlined above, submit a procurement request to ITS.
Procedure for making technology acquisitions from cooperative purchasing agreements:
* Submit a Competitive Procurement Request form, including the Cooperative Purchasing Agreement Supplement to the request form.
* Indicate whether your agency or institution is a Certified Purchasing Office.
* ITS will evaluate the request, including the agency's justification that use of the cooperative agreement is "in the best interest of the government entity" (a statutory requirement in Mississippi Code Section 31-7-13(m) (xxix)). Considerations will include an evaluation of comparable market pricing; comparisons with any existing ITS purchase instruments that cover the same products; the uniqueness of the product or service in the marketplace; contract terms and conditions; and cost and time requirements for acquiring the product or services in another manner.
* If the requesting agency or institution is not a Certified Purchasing Office and the cooperative agreement has not been previously approved by DFA, ITS will submit the cooperative purchasing agreement to DFA for approval as a DFA purchase agreement.
* If this is the first time this cooperative agreement has been used for a technology procurement through ITS, ITS will research the requirements for use, including any necessary organizational memberships or other prerequisites. The requestor should provide any known information concerning these requirements on the Cooperative Purchasing Agreement Supplement form submitted to ITS.
* ITS will issue a CP-1 with special "cooperative purchasing" language included. (NOTE: ITS approvals for using a cooperative purchasing agreement are project-specific and on a project-by-project basis.)
* ITS will work with the customer on any contract supplement required.
* ITS will work with the vendor to register in MAGIC, if the vendor is not in MAGIC, and to provide the vendor with information on the State's requirement for receiving payment through PayMode.
36 Miss. Code. R. 2-6-206.5