36 Miss. Code. R. 2-8-208.2
Procedures for the Acquisition of Information Technology Equipment, Software, and Services by Procurement Type and Total Lifecycle Cost for Institutions of Higher Learning
By law, all acquisitions of information technology products or services by IHLs must be approved by ITS. ITS has delegated this responsibility to the Chief Information Officers (CIOs) of the State's Institutions of Higher Learning for certain types of purchases and lifecycle cost limits. Note that these thresholds are based upon total lifecycle costs and that there are situations in which actual monies paid is not the sole determinant of the requirement for a competitive procurement process.
For purchases in which (1) the value of the goods and services exceeds bid limit, (2) there is a competitive market, and (3) there is potential for vendor profit from the project, contracts must be awarded based on an open and competitive process that allows the state to compare offerings to obtain the best product, service, and value, regardless of monies paid directly to the vendor by the 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.
For the certification of sole source procurements delegated to the CIOs at public universities, the public university must follow ITS' Sole Source Procedure, including advertisement of the intent to award as sole source, as outlined in Chapter 7, 013-030.
The only statutory exception to the requirement for ITS approval is for acquisitions of computer equipment and services made by IHLs wholly with federal funds. These acquisitions do NOT fall within ITS' purview. In addition, Mississippi Code Section 25-53-5(b) directs ITS, in establishing procedures and carrying out its statutory charges in relation to IHLs, to take into consideration the special needs of these institutions in relation to the fields of teaching and scientific research. In accordance with this directive, ITS has delegated procurement oversight for IT purchases to IHLs at 5 times the level of delegation for state agencies. These delegation thresholds and associated oversight requirements are outlined in the table that follows.
The table below defines the procedures and the required approvals for each category and project lifecycle cost range. For current Director Approval thresholds, see Section 018-030. Note that all Procurement Requests submitted to ITS must be signed by the Institution's CIO or that person's designee.
ProcurementType/Lifecycle Cost | $.01-$5,000.00 | $5,000.01 -$50,000.00 | $50,000.01 -$250,000.00 | >$250,000.01 but below Director Approval Threshold | Above Director Approval Threshold |
Regular Competitive Procurement | * Delegated to Institution's CIO * May purchase without advertising or otherwise requesting competitive bids | * Delegated to Institution's CIO * May purchase without advertisement for bids, provided at least two competitive written bids have been obtained * You must select the lowest quote EXCEPTION: By state statute, all American Recovery and Reinvestment Act (ARRA) projects in excess of $25,000.00 must be bid. | * Delegated to Institution's CIO * Advertisement & receipt of competitive bids required by law EXCEPTION: By state statute, all American Recovery and Reinvestment Act (ARRA) projects in excess of $25,000.00 must be bid. | * Requires ITS approval: CP-1 * Advertisement & receipt of competitive bids required by law * Submit Procurement Request to ITS 2-5 months before purchase | * Requires ITS Board approval and CP-1 * Advertisement & receipt of competitive bids required by law * Submit Procurement Request to ITS 3-8 months before purchase * Requires Business Case * Requires IT Security Risk Assessment |
Cooperative Purchasing Agreement | No delegation. Regardless of lifecycle cost, ITS statute and policy require ITS review and approval of all cooperative purchases of technology. | No delegation. Regardless of lifecycle cost, ITS statute and policy require ITS review and approval of all cooperative purchases of technology. | No delegation. Regardless of lifecycle cost, ITS statute and policy re quire ITS review and approval of all cooperative purchases of technology. | No delegation. Regardless of lifecycle cost, ITS statute and policy require ITS review and approval of all cooperative purchases of technology. | No delegation. Regardless of lifecycle cost, ITS statute and policy require ITS review and approval of all cooperative purchases of technology. |
Telecommunications Systems and Services (See Acquisition of Telecommunications Services by IHLs for more information) | No delegation. ITS has conducted these procurements on behalf of the state and has contracts in place that can be used by IHLs for telecommunications systems and services (voice and data). See ITS Telecommunications Contracts for IHLs for details. To acquire these services other than via an ITS contract, submit an exemption request to ITS prior to acquiring the service. | No delegation. ITS has conducted these procurements on behalf of the state and has contracts in place that can be used by IHLs for telecommunications systems and services (voice and data). See ITS Telecommunications Contracts for IHLs for details. To acquire these services other than via an ITS contract, submit an exemption request to ITS prior to acquiring the service. | No delegation. ITS has conducted these procurements on behalf of the state and has contracts in place that can be used by IHLs for telecommunications systems and services (voice and data). See ITS Telecommunications Contracts for IHLs for details. To acquire these services other than via an ITS contract, submit an exemption request to ITS prior to advertising for the service. | No delegation. ITS has conducted these procurements on behalf of the state and has contracts in place that can be used by IHLs for telecommunications systems and services (voice and data). See ITS Telecommunications Contracts for IHLs for details. | No delegation. ITS has conducted these procurements on behalf of the state and has contracts in place that can be used by IHLs for telecommunications systems and services (voice and data). See ITS Telecommunications Contracts for IHLs for details. Note: ITS contracts have already received Board approval. IHL acquisitions of services from these contracts do not require additional Board action. Exemptions to acquire these services other than via ITS contracts require Board approval. Submit anexemption request to ITS 6-8 weeks prior to advertising for the service. * Requires Business Case * Requires IT Security Risk Assessment |
Sole Source Procurement | * Delegated to Public University's CIO * May purchase without advertising or otherwise requesting competitive bids | Sole Source Certification Delegated to Public University's CIO * Must follow ITS Sole Source Procedure as outlined in Chapter 7, 013-030 of this Handbook | Sole Source Certification Delegated to Public University's CIO * Must follow ITS Sole Source Procedure as outlined in Chapter 7, 013-030 of this Handbook | * Requires ITS approval: CP-1 * Submit Sole Source Certification Request with vendor and institution documentation to ITS 3-5 weeks before purchase (Note: Public University's CIO or Designee must sign the sole source request) | * Requires ITS Board approval and CP-1 * Submit Sole Source Certification Request with vendor and Public University's documentation to ITS 2-4 months before purchase * Requires Business Case (Note: Public University's CIO or Designee must sign the sole source request) |
Exemption from ITS | Not applicable: Already Delegated to Institution's CIO | Not applicable: Already Delegated to Institution's CIO | Not applicable: Already Delegated to Institution's CIO | * Requires ITS approval: CP-1 * Advertisement & receipt of competitive bids required by law (conducted by the Institution after the exemption is approved) * Submit Exemption Request to ITS 2-4 weeks prior to advertising the procurement (Note: ITS cannot exempt a sole source procurement > $250,000) | * Requires ITS Board approval and CP-1 * Requires Business Case * Requires Security Risk Assessment * Advertisement & receipt of competitive bids required by law (conducted by the Institution after the exemption is approved) * Submit Exemption Request to ITS 4-6 weeks prior to advertising the procurement |
Express Products Lists (EPLs) | * Delegated to Institution's CIO * Access EPL on ITS website * Follow instructions on specific EPL | * Delegated to Institution's CIO * Access EPL on ITS website * Follow instructions on specific EPL | * Delegated to Institution's CIO up to EPL limit * Access EPL on ITS website * Follow instructions on specific EPL | * Delegated to Institution's CIO up to EPL limit * Access EPL on ITS website * Follow instructions on specific EPL | * See EPL Planned Purchase |
EPL Planned Purchase | Not applicable | Not applicable | Purchase above EPL limit: * Requires ITS approval: Letter from ITS Executive Director * Requires submitting IT Plan to ITS for review; equipment /software needed must appear on a current EPL * ITS planners and procurement analysts assess the plan and the procurement request * See EPL Planned Purchase for further details. | * Requires ITS approval: Letter from ITS Executive Director * Requires submitting IT Plan to ITS for review; equipment/software needed must appear on a current EPL * ITS planners and procurement analysts assess the plan and the procurement request * See EPL Planned Purchase for further details. | * Requires ITS Board approval * Requires Business Case * Requires IT Security Risk Assessment * Requires approval letter from ITS Executive Director * Requires submitting IT Plan to ITS for review; equipment /software needed must appear on a current EPL * ITS planners and procurement analysts assess the plan and the procurement request * See EPL Planned Purchase for further details. |
Emergency Procurement (where purchase delay does not threaten life or property) | Not applicable | * Requires ITS approval: CP-1 * Submit Emergency Purchase Request with documentation to ITS before purchase (Note: IHL President or Designee must sign the Emergency Purchase Request) | * Requires ITS approval: CP-1 * Submit Emergency Purchase Request with documentation to ITS before purchase (Note: IHL President or Designee must sign the Emergency Purchase Request) | * Requires ITS approval: CP-1 * Submit Emergency Purchase Request with documentation to ITS before purchase (Note: IHL President or Designee must sign the Emergency Purchase Request) | * Requires ITS Board approval and CP-1 * Submit Emergency Purchase Request with documentation to ITS before purchase * (Note: IHL President or Designee must sign the Emergency Purchase Request) * Requires Business Case * Requires IT Security Risk Assessment |
Emergency Procurement (where purchase delay threatens life or property) | Not applicable | * Inform ITS in writing, using ITS' Emergency Purchase Request Form signed by the IHL President or Designee, as soon as possible after the emergency procurement | * Inform ITS in writing, using ITS' Emergency Purchase Request Form signed by the IHL President or Designee or designee, as soon as possible after the emergency procurement | * Inform ITS in writing, using ITS' Emergency Purchase Request Form signed by the IHL President or Designee, as soon as possible after the emergency procurement * ITS issues a CP-1 so the vendor payment can be processed | * Inform ITS in writing, using ITS' Emergency Purchase Request Form, signed by the IHL President or Designee, as soon as possible after the emergency procurement * ITS issues a CP-1 so the vendor payment can be processed ? ITS Board informed of emergency procurement and surrounding circumstances |
E-Government Procurement NOTE: Due to the different vendor business models for E-Government services and products, the procurement approach is not governed by the total expenditure but by the true market value, as determined by the complexity and size of the project. See Section 001-020 of this handbook for additional information on Electronic Government procurements. | * Delegated to Institution's CIO * Advertisement & receipt of competitive bids required if true market value of services exceeds $50,000 (25,000 for ARRA projects), regardless of funds expended | * Delegated to Institution's CIO * Advertisement & receipt of competitive bids required if true market value of services exceeds $50,000 ($25,000 for ARRA projects), regardless of funds expended | * Delegated to Institution's CIO * Advertisement & receipt of competitive bids required | * Requires ITS approval: CP-1 * Advertisement & receipt of competitive bids required by law * Submit Procurement Request to ITS 2-5 months before purchase | * Requires ITS Board approval and CP-1 * Advertisement & receipt of competitive bids required by law * Submit Procurement Request to ITS 3-8 months before purchase * Requires Business Case * Requires IT Security Risk Assessment |
36 Miss. Code. R. 2-8-208.2