36 MAC Pt. 2, R. 201.2
001-020 Acquisitions within ITS Purview
Cite as 36 Miss. Admin. Code Pt. 2, R. 201.2
001-020 Acquisitions within ITS Purview
1. Information Technology Equipment, Software, and Services:
Section 25-53-3 of the Mississippi Code of 1972 defines ITS' authority over the acquisition of
any information technology, computer or telecommunications equipment, electronic word
processing and office systems, or services utilized in connection therewith, including, but not
limited to, all phases of computer software and consulting services and insurance on all state-
owned computer equipment. Acquisition of computer or telecommunications equipment or
services means the purchase, lease, rental, or acquisition in any other manner of any such
computer or telecommunications equipment or services. Telecommunications equipment,
systems, and related services are defined as the equipment and means to provide
telecommunications transmission facilities; telephone systems, including voice processing
systems; facsimile systems; radio paging services; satellite radio, telephone, and dispatch
services; mobile telephone services, including cellular mobile telephone services; intercom and
paging systems; video teleconferencing systems; personal communications networks and
services; and any and all systems based on emerging and future telecommunications
technologies related to any of these devices or services.
Note that, unlike public purchasing law, the statute that defines ITS' purview over technology
acquisitions includes services. All technology services, whether for direct, hands-on skills
such as application development and network support, or for such technology consulting
services as technology training (both classroom and on-the-job), technology studies, project
management, technology advisory roles, quality assurance support, and facilities management,
are within ITS purview.
2. Global Positioning System (GPS) and Navigation devices
The Global Positioning System (GPS) is a U.S. space-based radio-navigation system that
provides reliable positioning, navigation, and timing services to civilian users. For anyone
with a GPS receiver, the system provides location and time.
ITS wants to emphasize the fact that it does have purchasing purview over GPS and navigation
devices under the following conditions:
• When the GPS and navigation capability is integrated into a PocketPC or WinCE product
• When the GPS and navigation capability is integrated into a Palm OS device
• When the GPS and navigation capability is integrated into a Linux PDA device
• When the GPS and navigation capability is integrated into a Blackberry
• When the GPS and navigation capability is integrated into a smart mobile device running
on the Symbian OS
3. Electronic Government:
Private companies offer partnerships with all levels of government to provide the tools and
resources to implement internet-based services and business solutions (“E-Government”) with
little or no up-front investment of money by the government entities. These companies use
various funding mechanisms to recoup their expenses and to realize a profit from these
services. Per an Attorney General Official Opinion dated August 25, 2000, the Attorney
General’s office affirmed that pursuant state statute, ITS has the authority to establish a
procedure requiring the definition of requirements and a competitive contract award for the
procurement of E-government services, regardless of the funds actually paid up-front by a state
entity.
For purchases in which (1) the value of the goods and services exceed the dollar amount
established in Section 31-7-13(c), (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.
The same Attorney General’s Opinion also affirmed that state statute gives ITS the authority
and responsibility to establish infrastructure standards for E-Government that must be utilized
and conformed to by all state agencies. These standards must be incorporated into any
specifications for the procurement of E-Government products and services. In addition, E-
Government implementations that involve payments of any type require the review and
approval of the Department of Finance and Administration.
For any procurement related to E-Government, the purchaser should follow the approval
process detailed in 001-025 Approvals for Internet-based Applications and Services.
4. Internet and Application Service Providers
ITS wants to emphasize the fact that services offered through Internet Service Providers and
Application Service Providers are subject to ITS oversight. These services include but, as
technology evolves, are not limited to the following examples:
• Internet access and related services packaging
• Applications and database hosting/processing, including Application Service Provider
(ASP) and Software as a Service (SaaS) models
• Website development, content management and hosting
• Email hosting; equipment co-location services
• Data back-up and recovery services
• Disaster recovery services
• Business continuation services
• Network operations center services
• Electronic payment processing
• Systems and security administration
• Line of business outsourcing such as electronic reservations management, help desk and/or
license sales related outsourced IT services
5. Printers/Copiers:
ITS has jurisdiction over the procurement of stand-alone and networked printers, while the
Department of Finance and Administration (DFA), Office of Purchasing, Travel, and Fleet
Management (OPTFM) is responsible for the purchase of copiers. When multifunction devices
become available, the line between equipment under ITS purview and equipment under
OPTFM purview became distinct. ITS and DFA continue to monitor this technology
convergence and its impact on the ITS and DFA customers and procurement approach.
Customers may purchase devices whose primary function is copying from DFA state contracts.
If the device purchased from the DFA contract will be networked and the total purchase price
is over $250,000 (or if the total cost for the term of a lease is over $250,000), the customer
must submit an Exemption Request for ITS approval. This process ensures that ITS is aware
of large network print device purchases. When the total term of the rental agreement from the
DFA contract exceeds $500,000, approval shall be required from the Public Procurement
Review Board (PPRB) prior to entering into the rental agreement. Additional information can
be found at the link below.
Department of Finance and Administration (DFA), Office of Purchasing, Travel, and Fleet
Management (OPTFM)
Devices that are purchased to function primarily as network or stand-alone printers may be
procured through the ITS Express Products List (EPL) or through a procurement request to
ITS.
6. Document Imaging and Management:
Document imaging and management systems scan, store, index, and retrieve documents and
other business data electronically. Documents are converted to digitized images, typically via
a document scanner. Standard components of document management systems include
document capture, document storage and archiving, document indexing and retrieval,
document exporting capability, and security to protect documents from unauthorized access.
Document imaging and document management, including hardware, software, imaging
services, and/or any other related consulting services, are within the purview of ITS.
Equipment and services for analog methods of data imaging and retrieval, such as microfilm,
are not within ITS purview.
7. Management Consulting Contracts:
Procurements of consulting services for a study that is the initial phase of an application
development project, for functional or conceptual systems design, data modeling, network
design, network security, and technology infrastructure recommendations are examples of
consulting contracts that require ITS approval. Other consulting studies, such as business
process reengineering, process analysis, and general management studies, may fall under the
purview of ITS or of the PPRB, depending on the specific project deliverables. If the study's
primary focus is technology, the services should be procured through ITS. If the primary
deliverable from a management consulting contract is a report in which recommendations of
technology are included but are not the primary component, the services may be procured
through ITS or the PPRB, at the customer's discretion. If the customer is uncertain whether
ITS approval is required for a specific project, the customer may contact the ITS Procurement
Help Desk at isshelp@its.ms.gov or (601) 432-8166 and/or may submit an Exemption Request
to ITS for written documentation that the specific project does not require ITS approval.
Regardless of the procurement mechanism used for a management consulting contract, once
the customer is ready to proceed with technology purchases based on recommendations from
a consulting study, including the study report with the technology procurement request is
beneficial to both the customer and to ITS and helps expedite the purchasing process.
8. Donations and Gifts of Information Technology:
Recipients of donations and gifts of older information technology near or at the end of their
lifecycle should assess the cost of the items received in terms of usefulness relative to newer
technology. Many older technology items are more costly to uninstall, relocate, reinstall,
operate, and maintain than new equipment of the same type.
A donation or gift requires ITS approval if the costs of installing, operating, and supporting
the equipment exceed amounts delegated to the recipient under the Delegation of Approval
Procedure. ITS will be glad to assist in assessing the value of donations and gifts of
information technology on request.
9. Other Examples of Procurements Under ITS Purview:
Equipment or services for a specialized application whose primary function or purpose is other
than information technology and for which any computer chip or telecommunications
component is secondary or incidental to the equipment’s primary function are outside the
purview of ITS.
See 001-030 Exceptions to ITS Purview for a list of some specific items that do not require
ITS approval and for instructions on obtaining confirmation regarding ITS purview for a
specific procurement.