002-010 FAQs for Customers

002-010 FAQs for Customers Customer FAQs What governmental units are subject to ITS Procurement Law and Policies? Who can buy through ITS? Which acquisitions are under ITS purview? What procurement tools are available? Do I have to go through the competitive bid process to buy IT hardware, software and/or services? How do I know if a purchase will qualify for E-Rate? Who do I contact to initiate an IT Procurement request? Can I initiate an IT Procurement request on-line? Is it possible for an agency to handle procurement themselves? How do I purchase new phones/phone system? Can I lease IT equipment? How may an agency acquire an item that is Sole Source? What is an Express Product List (EPL)? Who can use the EPL? What if I need a product or service that is not on an EPL? Do IT services have to be bid? Who can buy through ITS? What Governmental units are subject to ITS Procurement Law and Policies? State agencies and institutions of higher learning (IHLs) or public universities are required by law to follow ITS procedures in information technology procurements for hardware, software and services. The only statutory exception is for acquisitions by institutions of higher learning or public universities made wholly with federal funds. Note that there is no exception for state agency projects that are federally funded, use grant money, or paid for via other nontraditional funding models. For many acquisitions, agencies and IHLs must obtain ITS approval prior to initiating a purchase. For other acquisitions, ITS has delegated responsibility for technology purchases to the agencies and public universities according to specific guidelines. Governing authorities (e.g. community/junior colleges, county boards of supervisors, school districts, and municipalities) are not required to use ITS procurement procedures but may choose to do so as one way of meeting public purchasing requirements. Refer to section 001-010 Introduction to ITS and Technology Procurement for more information. Which acquisitions are under ITS purview? Information Technology Equipment, Software, and Services Electronic Government Internet and Application Service Providers Printers/Copiers Document Imaging and Management Management Consulting Services Donations and Gifts of Information Technology Refer to section 001-020 Acquisitions within ITS Purview for more explanation. What procurement tools are available? There are several procurement options available depending on the nature of the project. Refer to the associated link for a detailed description of each. Request for Proposal (RFP) Express Products List (EPL) General RFPs Special RFPs Telecommunications Contracts & Services for State Agencies Telecommunications Contracts & Services for IHLs Sole Source Procurements Do I have to go through the competitive bid process to buy IT hardware, software and/or services? According to ITS Law, competitive bids or proposals must be solicited for all acquisitions of information technology (IT) equipment/hardware, software, and services involving the expenditure of funds in excess of the dollar amount established in Section 31-7-13(c). The list below summarizes bid requirements for IT acquisitions: Not over $5,000 – May purchase without advertising or otherwise requesting competitive bids, unless the purchasing agency or entity has established more stringent procedures. $5,000.01 up to but not over the dollar amount established in Section 31-7-13(c) – May purchase without advertisement for bids, provided at least two competitive written bids have been obtained. Please note that you must select the lowest quote. (Note an Express Products List cannot be used as one of these bids.) In excess of the dollar amount established in Section 31-7-13(c) – Submit a Competitive Procurement Request form for ITS to advertise, issue written specifications and receive sealed bids or proposals. How do I know if a purchase will qualify for E-Rate? Refer to the Eligible Services List. Agencies may also contact Gary Rawson at (601) 432-8113 or Gary.Rawson@its.ms.gov for more information. Who do I contact to initiate an IT Procurement request? Requests for the procurement of information technology hardware, software or services should be submitted to ITS using the Competitive Procurement Request form and appropriate attachments. Refer to 009-005 Procurement Process: Submitting a Request for a more detailed description. Procurement requests should be sent to ITS via e-mail (Projects@its.ms.gov), fax (601-713-6380), or mail at ITS, 3771 Eastwood Drive, Jackson, MS 39211. Can I initiate an IT Procurement on-line? Yes, via ITS’ online procurement request system. Is it possible for an agency to handle procurement themselves? ITS has an exemption procedure in place to allow agencies in special situations and institutions of higher learning or public universities to handle a procurement in-house. The Exemption procedure allows agencies and public universities to request exemption from ITS to handle specific information technology procurement projects which, by law, require solicitation of bids or proposals, without the involvement of ITS. The exemption procedure is designed for projects involving traditional information technology equipment, software, or services which the agency/public university has the in-house resources and expertise to procure without ITS involvement. The procedure exempts projects from ITS involvement in the procurement. It does not exempt the agency or public university from following public purchasing requirements. The exemption should be approved by ITS before an advertisement is issued for the procurement. A request for exemption should be submitted on an Exemption Request form. A copy of the Exemption Request form is available in Word or PDF format on the ITS website at Procurement Request Forms. How do I purchase new phones/phone system? Contact the Procurement Help Desk at 601-432-8166 prior to formulating and submitting any requests for procurement of telecommunications equipment. See 011-080 ITS Telecommunications Contracts and Services for State Agencies and 011-085 ITS Telecommunications Contracts and Services for Institutions of Higher Learning (IHLs) for more detailed information. Can I lease IT equipment? Yes. Agencies and IHLs are able to consider multiple funding models for each procurement project, and need to specify models of interest, including a leasing alternative within the Competitive Procurement request. How may an agency acquire an item that is Sole Source? Mississippi Public Purchasing Law (Section 31-7-13) specifies that noncompetitive items available from one source only be exempted from bid requirements (sole-sourced). ITS statute, in Section 25-53-5 (p), permits ITS to utilize provisions in Public Purchasing law or regulations, when applicable. In certain limited situations, with appropriate written documentation and proper approval, information technology acquisitions may be sole-sourced. ITS applies a strict interpretation of the single source definition and is a strong advocate for conducting a competitive procurement unless the reasons for not competing are overwhelming and incontrovertible. Per Public Purchasing law, acquisitions must meet the following criteria to be authorized as sole source: 1. The product or services being purchased must perform a function for which no other product or source of services exists, 2. The purchaser must be able to show specific business objectives that can be met only through the unique product or services, AND 3. The product or services must be available only from the manufacturer and NOT through resellers who could submit competitive pricing for the product or services. Additionally, acquisitions of IT services must include the following information to be authorized as sole source: 1. An explanation about why the amount to be expended is reasonable, and 2. An explanation regarding the efforts by the purchaser to obtain the best possible price. Customers should reference 013-030 Procurement Types: Sole Source for more detailed information. What is an Express Product List (EPL)? Who can use the EPL? Express Products Lists (EPLs) are compilations of proposals competitively solicited by ITS. Categories are added, changed and dropped based upon purchasing demand. Agencies, public universities, community/junior colleges, and other governing authorities may use the lists to make information technology purchases in accordance with ITS procedures and guidelines. Refer to 011-030 Procurement Instruments: Express Products List (EPLs) for more information. What if I need a product or service that is not on an EPL? The agency or IHL may either fill out a Competitive Procurement Request form or ask for an Exemption to bid the products or services themselves. Reference 015-010 ITS Procurement Limits Policies: State Agencies or 015-020 ITS Procurement Limits Policies: IHLs for information regarding procurement guidelines based on the type of procurement and total lifecycle cost. Do IT services have to be bid? Yes, 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. 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 studies, project management, technology advisory roles, quality assurance support, and facilities management, are within ITS purview. Reference 001-020 Acquisitions within ITS Purview in the Procurement Handbook for more information.