SB 2728 — Statewide master agreements and utilization of information technology acquisitions made by other entities; authorize.

2728 (As Sent to Governor) AN ACT TO AMEND SECTION 25-53-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE STATEWIDE MASTER AGREEMENTS;

2728 *SS08/R1090**SS26/R1090SG* ~ OFFICIAL ~ G1/2 23/SS08/R109023/SS26/R1090SG PAGE 1 (cap\kr) Department of Human Services for a period of three (3) years beginning on July 1, 2017.

2728 *SS08/R1090**SS26/R1090SG* ~ OFFICIAL ~ 23/SS08/R109023/SS26/R1090SG PAGE 2(cap\kr)2 (d) The authority shall adopt rules, regulations, and procedures governing the acquisition of computer and telecommunications equipment and services which shall, to the fullest extent practicable, insure the maximum of competition between all manufacturers of supplies or equipment or services.

2728 *SS08/R1090**SS26/R1090SG* ~ OFFICIAL ~ 23/SS08/R109023/SS26/R1090SG PAGE 3(cap\kr)3 (f) The authority may, in its discretion, establish a special technical advisory committee or committees to study and make recommendations on technology matters within the competence of the authority as the authority may see fit.

2728 *SS08/R1090**SS26/R1090SG* ~ OFFICIAL ~ 23/SS08/R109023/SS26/R1090SG PAGE 4(cap\kr)4 hereafter in force as may be required by the authority or by the executive director in the execution of their powers and duties.

2728 *SS08/R1090**SS26/R1090SG* ~ OFFICIAL ~ 23/SS08/R109023/SS26/R1090SG PAGE 5(cap\kr)5 to be executed by the executive director for computer equipment and/or telecommunications or servicesservices, including cloud computing, to the authority for approval before final execution, and the authority may provide that such contracts involving the expenditure of less than such specified amount as may be established by the authority may be finally executed by the executive director without first obtaining such approval by the authority.

(l) The authority is authorized to consider new technologies, such as cloud computing, to purchase, lease, or rent computer equipment or services and to operate that equipment and use those services in providing services to one or more state agencies when in its opinion such operation will provide maximum efficiency and economy in the functions of any such agency or agencies.

(n) The authority shall adopt rules and regulations governing the protest procedures to be followed by any actual or prospective bidder, offerer or contractor who is aggrieved in connectionS. with the solicitation or award of a contract for the acquisition of computer equipment or services.

Such rules and S.

2728 *SS08/R1090**SS26/R1090SG* ~ OFFICIAL ~ 23/SS08/R109023/SS26/R1090SG PAGE 6(cap\kr)6 regulationsconnection shallwith prescribe the manner,solicitation timeor andaward procedureof for making protests and may provide that a protestcontract notfor timelythe filedacquisition shallof becomputer summarilyequipment denied.or services.

Such rules and regulations shall prescribe the manner, time and procedure for making protests and may provide that a protest not timely filed shall be summarily denied.

All acquisitions of computer equipment and services involving the expenditure of funds in excess of the dollar amount established in Section 31-7-13(c), or rentals or leases in excess S.

2728 *SS08/R1090**SS26/R1090SG* ~ OFFICIAL ~ 23/SS08/R109023/SS26/R1090SG PAGE 7(cap\kr)7 All acquisitions of computer equipment and services involving the expenditure of funds in excess of the dollar amount established in Section 31-7-13(c), or rentals or leases in excess of the dollar amount established in Section 31-7-13(c) for the term of the contract, shall be based upon competitive and open specifications, and contracts therefor shall be entered into only after advertisements for bids are published in one or more daily newspapers having a general circulation in the state not less than fourteen (14) days prior to receiving sealed bids therefor.

(p) When applicable, the authority may procure equipment, systems and related services in accordance with the law or regulations, or both, which govern the Bureau of Purchasing of the Office of General Services or which govern the Mississippi S.

2728 *SS08/R1090**SS26/R1090SG* ~ OFFICIAL ~ 23/SS08/R109023/SS26/R1090SG PAGE 8(cap\kr)8 or regulations, or both, which govern the Bureau of Purchasing of the Office of General Services or which govern the Mississippi Department of Information Technology Services procurement of telecommunications equipment, software and services.

(i) Enter into master agreements for computer or telecommunications equipment or servicesservices, including cloud computing, available for shared use by state agencies, institutes of higher learning and governing authorities;

and (ii) Enter into contracts for the acquisition of computer or telecommunications equipment or servicesservices, including cloud computing, that have been acquired by other entities, located within or outside of the State of Mississippi, so long as itS. is determined by the authority to be in the best interest of the State.

The acquisitions S.

2728 *SS08/R1090**SS26/R1090SG* ~ OFFICIAL ~ 23/SS08/R109023/SS26/R1090SG PAGE 9(cap\kr)9 providedit inis thisdetermined subsectionby (r)the shallauthority to be exemptin from the advertisingbest andinterest bidding requirements of Sectionthe 25-53-1State. et seq.

The acquisitions provided in this subsection (r) shall be exempt from the advertising and bidding requirements of Section 25-53-1 et seq.

and (iii) Optimize the efficient use of the state's information technology assets, including, but not limited to, promoting partnerships with the state institutions of higher S.

2728 *SS08/R1090**SS26/R1090SG* ~ OFFICIAL ~ 23/SS08/R109023/SS26/R1090SG PAGE 10(cap\kr)10 (iii) Optimize the efficient use of the state's information technology assets, including, but not limited to, promoting partnerships with the state institutions of higher learning and community colleges to capitalize on advanced information technology resources.

With regard to state institutions of higher learning and community colleges, the authority and the Board of Trustees of State Institutions of Higher Learning or the Mississippi Community College Board, as the case may be, may agree that institutions of higher learning or community colleges may utilize business applications that are hosted at the State Data Center, following a determination by both the authority and the applicable board that the hosting of those applications is mutuallyS. beneficial.

In addition, the authority may establish partnerships to capitalize on the advanced technology resources of the Board of Trustees of State Institutions of Higher Learning or S.

2728 *SS08/R1090**SS26/R1090SG* ~ OFFICIAL ~ 23/SS08/R109023/SS26/R1090SG PAGE 11(cap\kr)11 the Mississippi Community College Board, following a determination by both the authority and the applicable board that such a partnership is mutually beneficial.

In addition, the authority may establish partnerships to capitalize on the advanced technology resources of the Board of Trustees of State Institutions of Higher Learning or the Mississippi Community College Board, following a determination by both the authority and the applicable board that such a partnership is mutually beneficial.

Furthermore, state agencies shall work in full cooperation with the Board of the Mississippi Department of Information Technology Services to identify computer equipment or services to minimize duplication,S. reduce costs, and improve the efficiency of providing common technology services across agency boundaries.

S.

2728 *SS08/R1090**SS26/R1090SG* ~ OFFICIAL ~ 23/SS08/R109023/SS26/R1090SG PAGE 12(cap\kr)12 SECTIONduplication, 2.reduce costs, and improve the efficiency of providing common technology services across agency boundaries.

SECTION 2.

2728 *SS08/R1090**SS26/R1090SG* ~ OFFICIAL ~ 23/SS08/R109023/SS26/R1090SG ST:

Statewide master agreements and utilization PAGE 13 (cap\kr) of information technology acquisitions made by other entities;