ITS; create additional powers and responsibilities.

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To: Technology
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) DeLano, Williams

SENATE BILL NO. 2755

AN ACT TO AMEND SECTION 25-53-5, MISSISSIPPI CODE OF 1972, TO 1
CREATE ADDITIONAL POWERS AND RESPONSIBILITIES FOR THE DEPARTMENT 2
OF INFORMATION TECHNOLOGY SERVICES; TO AUTHORIZE ITS TO ESTABLISH 3
AND ADMINISTER PROCUREMENT LISTS FOR CERTAIN PURPOSES; TO PROVIDE 4
FOR COVERAGE OF TECHNOLOGY AND TELECOMMUNICATIONS HARDWARE NOT 5
OTHERWISE AVAILABLE THROUGH PROCUREMENT; TO AUTHORIZE AWARD OF 6
CERTAIN PROCUREMENTS BASED ON BEST VALUE; TO REQUIRE ITS TO 7
ESTABLISH AND MAINTAIN A MANUFACTURER-BASED PROCUREMENT FRAMEWORK 8
FOR CYBERSECURITY HARDWARE, CYBERSECURITY SOFTWARE, AND ASSOCIATED 9
SERVICES; TO PROVIDE FOR ESTABLISHMENT OF CYBERSECURITY 10
MANUFACTURER-BASED PROCUREMENT FRAMEWORK; TO PROVIDE THAT ANY 11
CYBERSECURITY MANUFACTURER MEETING MINIMUM STANDARDS SHALL BE 12
ELIGIBLE FOR INCLUSION IN THE CYBERSECURITY MANUFACTURER-BASED 13
PROCUREMENT FRAMEWORK; TO AUTHORIZE ELIGIBLE ENTITIES TO SELECT 14
CYBERSECURITY PRODUCTS OR SERVICES FROM ANY QUALIFIED MANUFACTURER 15
UNDER THE FRAMEWORK; TO PRESCRIBE ELIGIBLE USERS; TO STIPULATE 16
THAT PROCUREMENTS UNDER THIS ACT SHALL REMAIN SUBJECT TO OVERSIGHT 17
BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION, THE PUBLIC 18
PROCUREMENT REVIEW BOARD AND THE STATE AUDITOR; AND FOR RELATED 19
PURPOSES. 20
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 21
SECTION 1. Section 25-53-5, Mississippi Code of 1972, is 22
amended as follows: 23
25-53-5. (1) The authority shall have the following powers, 24
duties, and responsibilities: 25
(a) The authority shall provide for the development of 26
plans for the efficient acquisition and utilization of information 27
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technology by all agencies of state government, and provide for 28
their implementation. In so doing, the authority may use the ITS' 29
staff, at the discretion of the executive director of the 30
authority, or the authority may contract for the services of 31
qualified consulting firms in the field of information technology 32
and utilize the service of such consultants as may be necessary 33
for such purposes. 34
(b) The authority shall immediately institute 35
procedures for carrying out the purposes of this chapter and 36
supervise the efficient execution of the powers and duties of the 37
executive director of the ITS. In the execution of its functions 38
under this chapter, the authority shall maintain as a paramount 39
consideration the successful internal organization and operation 40
of the several agencies so that efficiency existing therein shall 41
not be adversely affected or impaired. In executing its functions 42
in relation to the institutions of higher learning and junior 43
colleges in the state, the authority shall take into consideration 44
the special needs of such institutions in relation to the fields 45
of teaching and scientific research. 46
(c) The authority shall adopt rules, regulations, and 47
procedures governing the acquisition of information technology 48
which shall, to the fullest extent practicable, ensure the maximum 49
of competition between all manufacturers of supplies or equipment 50
or services. In the writing of specifications, in the making of 51
contracts relating to the acquisition of such information 52
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technology, and in the performance of its other duties the 53
authority shall provide for the maximum compatibility of all 54
information systems hereafter installed or utilized by all state 55
agencies and may require the use of common computer languages 56
where necessary to accomplish the purposes of this chapter. The 57
authority may establish by regulation and charge reasonable fees 58
on a nondiscriminatory basis for the furnishing to bidders of 59
copies of bid specifications and other documents issued by the 60
authority. 61
(d) The authority shall adopt rules and regulations 62
governing the sharing with, or the sale or lease of information 63
technology services to any nonstate agency or person. Such 64
regulations shall provide that any such sharing, sale or lease 65
shall be restricted in that same shall be accomplished only where 66
such services are not readily available otherwise within the 67
state, and then only at a charge to the user not less than the 68
prevailing rate of charge for similar services by private 69
enterprise within this state. 70
(e) The authority may, in its discretion, establish a 71
special technical advisory committee or committees to study and 72
make recommendations on matters within the competence of the 73
authority as the authority may see fit. Persons serving on any 74
such committees shall be entitled to receive their actual and 75
necessary expenses actually incurred in the performance of such 76
duties, together with mileage as provided by law for state 77
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employees, provided the same has been authorized by a resolution 78
duly adopted by the authority and entered on its minutes prior to 79
the performance of such duties. For the purposes of this 80
paragraph, such committee meetings are exempt from the 81
requirements of Sections 25-41-1 through 25-41-17. 82
(f) The authority may provide for the development and 83
require the adoption of standardized computer programs and may 84
provide for the dissemination of information to and the 85
establishment of training programs for the personnel of the 86
various information technology centers of state agencies and 87
personnel of the agencies utilizing the services thereof. 88
(g) The authority shall adopt reasonable rules and 89
regulations requiring the reporting to the authority through the 90
office of executive director of such information as may be 91
required for carrying out the purposes of this chapter and may 92
also establish such reasonable procedures to be followed in the 93
presentation of bills for payment under the terms of all contracts 94
for the acquisition of information technology now or hereafter in 95
force as may be required by the authority or by the executive 96
director in the execution of their powers and duties. 97
(h) The authority shall require such adequate 98
documentation of information technology procedures utilized by the 99
various state agencies and may require the establishment of such 100
organizational structures within state agencies relating to 101
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information technology operations as may be necessary to 102
effectuate the purposes of this chapter. 103
(i) The authority may adopt such further reasonable 104
rules and regulations as may be necessary to fully implement the 105
purposes of this chapter. All rules and regulations adopted by 106
the authority shall be published in readily accessible form to all 107
affected state agencies, and to all current suppliers of computer 108
equipment and services to the state, and to all prospective 109
suppliers requesting the same. Such rules and regulations shall 110
be kept current, be periodically revised, and copies thereof shall 111
be available at all times for inspection by the public at 112
reasonable hours in the offices of the authority. Whenever 113
possible no rule, regulation or any proposed amendment to such 114
rules and regulations shall be finally adopted or enforced until 115
copies of the proposed rules and regulations have been published. 116
(j) The authority shall establish rules and regulations 117
which shall provide for the submission of all contracts proposed 118
to be executed by the executive director for information 119
technology, including cloud computing, to the authority for 120
approval before final execution, and the authority may provide 121
that such contracts involving the expenditure of less than such 122
specified amount as may be established by the authority may be 123
finally executed by the executive director without first obtaining 124
such approval by the authority. 125
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(k) The authority is authorized to consider new 126
technologies, such as cloud computing, to purchase, lease, or rent 127
information technology and to operate that information technology 128
when in its opinion such operation will provide maximum efficiency 129
and economy in the functions of any such agency or agencies. 130
(l) Upon the request of the governing body of a 131
political subdivision or instrumentality, the authority shall 132
assist the political subdivision or instrumentality in its 133
development of plans for the efficient acquisition and utilization 134
of information technology. An appropriate fee shall be charged 135
the political subdivision by the authority for such assistance. 136
(m) The authority shall adopt rules and regulations 137
governing the protest procedures to be followed by any actual or 138
prospective bidder, offerer or contractor who is aggrieved in 139
connection with the solicitation or award of a contract for the 140
acquisition of information technology. Such rules and regulations 141
shall prescribe the manner, time and procedure for making protests 142
and may provide that a protest not timely filed shall be summarily 143
denied. The authority may require the protesting party, at the 144
time of filing the protest, to post a bond, payable to the state, 145
in an amount that the authority determines sufficient to cover any 146
expense or loss incurred by the state; however, in no event may 147
the amount of the bond required exceed a reasonable estimate of 148
the total project cost. The authority, in its discretion, also 149
may prohibit any prospective bidder, offerer or contractor who is 150
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a party to any protest or litigation involving any such contract 151
with the state, the authority or any agency of the state to 152
participate in any other such bid, offer or contract, or to be 153
awarded any such contract, during the pendency of the protest or 154
litigation. 155
(n) The authority shall make a report in writing to the 156
Legislature each year in the month of January. Such report shall 157
contain a full and detailed account of the work of the authority 158
for the preceding year as specified in Section 25-53-29(3). 159
All acquisitions of information technology involving the 160
expenditure of funds in excess of the dollar amount established in 161
Section 31-7-13(c), or rentals or leases in excess of the dollar 162
amount established in Section 31-7-13(c) for the term of the 163
contract, shall be based upon bid. The authority may reserve the 164
right to reject any or all bids, and if all bids are rejected, the 165
authority may negotiate a contract within the limitations of the 166
specifications so long as the terms of any such negotiated 167
contract are equal to or better than the lowest bidder, and so 168
long as the total cost to the State of Mississippi does not exceed 169
the lowest bid. If the authority accepts one (1) of such bids, it 170
shall be that which is the lowest and best. The provisions of 171
this paragraph shall not apply to acquisitions of information 172
technology equipment and services made by the Mississippi 173
Department of Health and the Mississippi Department of Revenue for 174
the purposes of implementing, administering and enforcing the 175
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provisions of the Mississippi Medical Cannabis Act by June 30, 176
2024. 177
(o) When applicable, the authority may procure 178
information technology in accordance with the law or regulations, 179
or both, which govern the Bureau of Purchasing of the Office of 180
General Services or which govern the Mississippi Department of 181
Information Technology Services procurement of information 182
technology. 183
(p) The authority is authorized to purchase, lease, or 184
rent information technology for the purpose of establishing pilot 185
projects to investigate emerging technologies. These acquisitions 186
shall be limited to new technologies and shall be limited to an 187
amount set by annual appropriation of the Legislature. These 188
acquisitions shall be exempt from the advertising and bidding 189
requirement. 190
(q) To promote the maximum use and benefit from 191
technology and services now in operation or which will in the 192
future be placed in operation and to identify opportunities, 193
minimize duplication, reduce costs and improve the efficiency of 194
providing common technology services the authority is authorized 195
to: 196
(i) Enter into master agreements for information 197
technology, including cloud computing, available for shared use by 198
state agencies, institutions of higher learning and governing 199
authorities; and 200
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(ii) Enter into contracts for the acquisition of 201
information technology, including cloud computing, that have been 202
acquired by other entities, located within or outside of the State 203
of Mississippi, so long as it is determined by the authority to be 204
in the best interest of the state. The acquisitions provided in 205
this paragraph (q) shall be exempt from the advertising and 206
bidding requirements of Sections 25-53-1 et seq. and 31-7-1 et 207
seq. 208
(r) All fees collected by the Mississippi Department of 209
Information Technology Services shall be deposited into the 210
Mississippi Department of Information Technology Services 211
Revolving Fund unless otherwise specified by the Legislature. 212
(s) The authority shall work closely with the council 213
to bring about effective coordination of policies, standards and 214
procedures relating to procurement of remote sensing and 215
geographic information systems (GIS) resources. 216
(t) The authority shall manage one or more State Data 217
Centers to provide information technology services on a 218
cost-sharing basis. In determining the appropriate services to be 219
provided through the State Data Center, the authority should 220
consider those services that: 221
(i) Result in savings to the state as a whole; 222
(ii) Improve and enhance the security and 223
reliability of the state's information and business systems; and 224
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(iii) Optimize the efficient use of the state's 225
information technology assets, including, but not limited to, 226
promoting partnerships with the state institutions of higher 227
learning and community colleges to capitalize on advanced 228
information technology resources. 229
(u) The authority shall oversee the Mississippi 230
Statewide Data Exchange, ensuring compliance with the requirements 231
of Section 25-53-281. The Department of Information Technology 232
Services shall have the authority to promulgate rules and 233
regulations necessary to develop, implement and oversee the 234
Mississippi Statewide Data Exchange. The department shall engage 235
with state agencies and other stakeholders to identify 236
data-sharing opportunities and address potential barriers. 237
Additionally, the department shall establish a Chief Information 238
Officer (CIO) Council, composed of information technology 239
leadership from state agencies, to provide strategic oversight, 240
promote interoperability and recommend policies to enhance the 241
effectiveness and security of statewide data-sharing initiatives. 242
(v) The authority shall increase federal participation 243
in the cost of the State Data Center to the extent provided by law 244
and its shared technology infrastructure through providing such 245
shared services to agencies that receive federal funds. With 246
regard to state institutions of higher learning and community 247
colleges, the authority may provide shared services when mutually 248
agreeable, following a determination by both the authority and the 249
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Board of Trustees of State Institutions of Higher Learning or the 250
Mississippi Community College Board, as the case may be, that the 251
sharing of services is mutually beneficial. 252
(w) The authority, in its discretion, may require new 253
or replacement agency business applications to be hosted at the 254
State Data Center. With regard to state institutions of higher 255
learning and community colleges, the authority and the Board of 256
Trustees of State Institutions of Higher Learning or the 257
Mississippi Community College Board, as the case may be, may agree 258
that institutions of higher learning or community colleges may 259
utilize business applications that are hosted at the State Data 260
Center, following a determination by both the authority and the 261
applicable board that the hosting of those applications is 262
mutually beneficial. In addition, the authority may establish 263
partnerships to capitalize on the advanced technology resources of 264
the Board of Trustees of State Institutions of Higher Learning or 265
the Mississippi Community College Board, following a determination 266
by both the authority and the applicable board that such a 267
partnership is mutually beneficial. 268
(x) The authority shall provide a periodic update 269
regarding reform-based information technology initiatives to the 270
Chairmen of the House and Senate Accountability, Efficiency and 271
Transparency Committees. 272
From and after July 1, 2018, the expenses of this agency 273
shall be defrayed by appropriation from the State General Fund. 274
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In addition, in order to receive the maximum use and benefit from 275
information technology and services, expenses for the provision of 276
statewide shared services that facilitate cost-effective 277
information technology shall be defrayed by pass-through funding 278
and shall be deposited into the Mississippi Department of 279
Information Technology Services Revolving Fund unless otherwise 280
specified by the Legislature. These funds shall only be utilized 281
to pay the actual costs incurred by the Mississippi Department of 282
Information Technology Services for providing these shared 283
services to state agencies. Furthermore, state agencies shall 284
work in full cooperation with the Board of the Mississippi 285
Department of Information Technology Services to identify 286
information technology to minimize duplication, reduce costs, and 287
improve the efficiency of providing common technology services 288
across agency boundaries. 289
(2) In addition to any other powers and duties provided by 290
law, the Department of Information Technology Services ("ITS") 291
shall have the following powers and duties: 292
(a) ITS is authorized to establish and administer 293
express procurement lists, preferred vendor lists, qualified 294
vendor lists or similar procurement frameworks for information 295
technology, telecommunications, cybersecurity, cloud services and 296
related hardware and software. 297
(b) With respect to information technology or 298
telecommunications hardware that is not otherwise available 299
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through an express procurement list or statewide contract 300
administered by ITS, the Department of Information Technology 301
Services shall provide a procurement pathway by: 302
(i) Entering into a participating addendum or 303
other agreement under a nationally recognized cooperative 304
purchasing program approved by the department; or 305
(ii) Establishing and administering an express 306
procurement list, master agreement or similar procurement vehicle 307
directly. 308
Such authority may be exercised for hardware categories that 309
are commonly used in technology or telecommunications systems, 310
including components, endpoints, appliances or related equipment, 311
regardless of whether such hardware is bundled with software or 312
services. 313
Nothing in this paragraph shall require the department to 314
utilize a particular cooperative contract or to establish a 315
procurement vehicle for every individual product, provided that 316
the department ensures reasonable access to commonly used hardware 317
categories not otherwise covered. 318
(c) Procurements conducted pursuant to an express 319
procurement list, cooperative purchasing agreement approved by 320
ITS, or cloud or shared services program administered by ITS may 321
be awarded based on best value. 322
For purposes of this section, "best value" means a selection 323
based on defined evaluation factors, of which price is required to 324
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be considered but is not the controlling factor. An eligible 325
entity shall not be required to select the lowest-priced offering. 326
(d) For cybersecurity hardware, cybersecurity software 327
and associated professional or managed services, ITS shall 328
establish and maintain a manufacturer-based procurement framework. 329
(e) In establishing the cybersecurity 330
manufacturer-based procurement framework, ITS shall: 331
(i) Establish minimum technical, security and 332
qualification standards that manufacturers must meet to 333
participate; 334
(ii) Evaluate manufacturers solely for compliance 335
with such minimum standards; 336
(iii) Maintain and publish a list of qualified 337
cybersecurity manufacturers eligible for procurement under the 338
framework; and 339
(iv) Issue instructions for use governing 340
procurement under the framework. 341
(f) Any cybersecurity manufacturer meeting the minimum 342
standards established by ITS shall be eligible for inclusion in 343
the cybersecurity manufacturer-based procurement framework. Once 344
qualified, a manufacturer may offer its full portfolio of 345
cybersecurity products, software, subscriptions and associated 346
services under the framework. 347
(g) Eligible entities may select cybersecurity products 348
or services from the offerings of any qualified manufacturer under 349
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ST: ITS; create additional powers and
responsibilities.
the framework. Following such selection, procurement may be 350
completed through authorized resellers, distributors or 351
implementation partners in accordance with the applicable 352
instructions for use and the value-based selection standard set 353
forth in this section. 354
(h) Procurement frameworks established under this 355
section may be utilized by state agencies, institutions of higher 356
learning, community and junior colleges and local governing 357
authorities. Use of such frameworks shall be permissive, not 358
mandatory, for entities not under the operational control of ITS. 359
(i) Procurements conducted pursuant to this section 360
shall remain subject to oversight by the Department of Finance and 361
Administration, the Public Procurement Review Board and the State 362
Auditor. 363
SECTION 2. This act shall take effect and be in force from 364
and after July 1, 2026. 365