019-030 Issuing Brand Specifications

019-030 Issuing Brand Specifications While Sections 25-53-5(o) and 25-53-123(1) of the Mississippi Code of 1972 generally provide that all acquisitions of computer equipment and services as well as telecommunications equipment, systems, and related services involving the expenditure of funds in excess of the dollar amount established in Section 31-7-13(c) be based upon competitive and open specifications, Section 25- 53-5(d) specifically directs and authorizes the adoptions of rules, regulations, and procedures governing the acquisition of computer and telecommunications equipment and services which shall, to the fullest extent practicable, ensure maximum competition between all manufacturers of supplies or equipment or services, and that in the writing of the specifications, in the making of contracts relating to the acquisitions of such equipment and services, and in the performance of its other duties the authority shall provide for the maximum compatibility of all information systems hereafter installed or utilized by all state agencies and may require the use of common computer languages where necessary to accomplish the purposes of the ITS Chapter of the Mississippi Code of 1972. Furthermore, under Section 25-53-5(b), a paramount consideration in the execution of its functions, which includes the adoption of reasonable rules and regulations as outlined in Section 25-53-5(j), is the successful internal organization and operation of agencies so that efficiency existing therein shall not be adversely affected or impaired and that the special needs of public universities in relation to the fields of teaching and scientific research shall also be taken into consideration. Section 25-53-5(p) also provides ITS with statutory authority to procure equipment, systems, software, and related services in accordance with the law or regulations, or both, which govern DFA, or ITS, and Section 31-7-13(c)(iv)(1) of the public purchasing law authorizes DFA or the board of a governing authority, upon presentation of valid justification, to approve requests for specific equipment necessary to perform a specific job, and further permits such justification, when placed on the minutes of the board of the governing authority, to serve as authority for a governing authority to write specifications to require a specific item of equipment needed to perform a specific job. ITS makes every effort to work with customers to ensure the statutory requirements as well as the customer's business needs are met through the procurement process. To the fullest extent practicable, ITS strongly encourages the use of open and competitive specifications to ensure maximized competition between all manufacturers when there are other technology sources available that would meet the customer’s business needs; however, in certain situations, the most advantageous, efficient, and cost-effective approach may be to identify the brand in the specifications. And ITS recognizes that customers must determine how to fulfill their business needs and the features which are indispensable to fulfilling those needs, and a customer may determine there is a compelling business need to identify a brand in the specifications. Accordingly, as permitted by ITS statutes and consistent with Section 31-7-13(c)(iv)(1), upon presentation of valid justification of a customer’s compelling business need, ITS may approve requests to issue brand specifications when deemed in the best interest of the State so as long as there are multiple vendors or resellers available to provide the requested acquisition to ensure maximum competition to the fullest extent practicable. Requests to issue brand specifications must be well documented by the customer and reviewed and approved by ITS prior to customer purchase. Presentation of valid justification for requests to issue brand specifications shall be provided on the corresponding “Justification for Brand Specification” request form available on the ITS website and should address the customer’s compelling business needs and practical benefits, including, but not limited to, the following: • Compatibility; • Cost-effectiveness • Efficiency; • Interoperability/Consistency; • Staff expertise/Institutional knowledge; • Maintenance/Support requirements; • Volume discounts over a product lifecycle; • Synchronization with peer governmental, educational, or research entities • Other factors for consideration The customer must acknowledge on the form that the customer has determined it has a compelling business need to issue brand specifications, that multiple vendors or resellers are available that can provide the specified brand, and that issuing the brand specification is in the best interest of the State. Requests to issue brand specifications are limited to purchase made from the Express Product List (EPL) and/or other procurements listed on the ITS Express Product List webpage where the instructions for use permit the issuance of brand specifications based on the specific procurement. Customers are responsible for reviewing the individual instructions for use to determine whether the procurement permits the issuance of brand specifications. A customer may also present a valid justification of a compelling business need to issue brand specifications for ITS review and approval for acquisitions outside the Express Product List. ITS will review and approve requests to issue brand specifications for acquisitions outside the EPL webpage on a case-by-case basis, and this option may only be used if the manufacturer/brand is available from multiple vendors or resellers and issuing the brand specification is determined to be in the best interest of the State. ITS reserves the right at any time and at its discretion to review and request additional information to assess a customer’s request to issue brand specifications. Please note: The following criteria are NOT appropriate in requesting brand specifications: (1) Brand specifications must be at the manufacturer level. Requiring a specific reseller is not permitted. (2) Single/sole source items. If only one source can provide the requested brand item, and the item is not competitively available from multiple vendors or resellers, the Sole Source process should be used. (See 013-030 Sole Source) (3) Personal/professional services unless approved at the discretion of ITS.