Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 1448
Ì720732~Î720732
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Governmental Oversight and Accountability
(Jones) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraphs (c), (n), and (q) of subsection (1)
6 and subsection (4) of section 282.0051, Florida Statutes, are
7 amended to read:
8 282.0051 Department of Management Services; Florida Digital
9 Service; powers, duties, and functions.—
10 (1) The Florida Digital Service has been created within the
11 department to propose innovative solutions that securely
12 modernize state government, including technology and information
13 services, to achieve value through digital transformation and
14 interoperability, and to fully support the cloud-first policy as
15 specified in s. 282.206. The department, through the Florida
16 Digital Service, shall have the following powers, duties, and
17 functions:
18 (c) Establish project management and oversight standards
19 with which state agencies must comply when implementing
20 information technology projects. The department, acting through
21 the Florida Digital Service, shall provide training
22 opportunities to state agencies to assist in the adoption of the
23 project management and oversight standards. To support data
24 driven decisionmaking, the standards must include, but are not
25 limited to:
26 1. Performance measurements and metrics that objectively
27 reflect the status of an information technology project based on
28 a defined and documented project scope, cost, and schedule.
29 2. Methodologies for calculating acceptable variances in
30 the projected versus actual scope, schedule, or cost of an
31 information technology project.
32 3. Reporting requirements, including requirements designed
33 to alert all defined stakeholders that an information technology
34 project has exceeded acceptable variances defined and documented
35 in a project plan.
36 4. Content, format, and frequency of project updates.
37 5. Technical standards to ensure an information technology
38 project complies with the enterprise architecture.
39 (n)1. Notwithstanding any other law, provide project
40 oversight on any information technology project of the
41 Department of Financial Services, the Department of Legal
42 Affairs, and the Department of Agriculture and Consumer Services
43 which has a total project cost of $20 $25 million or more and
44 which impacts one or more other agencies. Such information
45 technology projects must also comply with the applicable
46 information technology architecture, project management and
47 oversight, and reporting standards established by the
48 department, acting through the Florida Digital Service.
49 2. When performing the project oversight function specified
50 in subparagraph 1., report at least quarterly to the Executive
51 Office of the Governor, the President of the Senate, and the
52 Speaker of the House of Representatives on any information
53 technology project that the department, acting through the
54 Florida Digital Service, identifies as high-risk due to the
55 project exceeding acceptable variance ranges defined and
56 documented in the project plan. The report shall include a risk
57 assessment, including fiscal risks, associated with proceeding
58 to the next stage of the project and a recommendation for
59 corrective actions required, including suspension or termination
60 of the project.
61 (q)1. Establish an information technology policy for all
62 information technology-related state contracts, including state
63 term contracts for information technology commodities,
64 consultant services, and staff augmentation services. The
65 information technology policy must include:
66 a. Identification of the information technology product and
67 service categories to be included in state term contracts.
68 b. Requirements to be included in solicitations for state
69 term contracts.
70 c. Evaluation criteria for the award of information
71 technology-related state term contracts.
72 d. The term of each information technology-related state
73 term contract.
74 e. The maximum number of vendors authorized on each state
75 term contract.
76 f. At a minimum, a requirement that any contract for
77 information technology commodities or services meet the National
78 Institute of Standards and Technology Cybersecurity Framework.
79 g. For an information technology project wherein project
80 oversight is required pursuant to paragraph (d) or paragraph
81 (n), a requirement that independent verification and validation
82 be employed throughout the project lifecycle with the primary
83 objective of independent verification and validation being to
84 provide an objective assessment of products and processes
85 throughout the project lifecycle. An entity providing
86 independent verification and validation may not have technical,
87 managerial, or financial interest in the project and may not
88 have responsibility for, or participate in, any other aspect of
89 the project.
90 2. Evaluate vendor responses for information technology
91 related state term contract solicitations and invitations to
92 negotiate.
93 3. Answer vendor questions on information technology
94 related state term contract solicitations.
95 4. Ensure that the information technology policy
96 established pursuant to subparagraph 1. is included in all
97 solicitations and contracts that are administratively executed
98 by the department.
99 (4) For information technology projects that have a total
100 project cost of over $10 million Upon the adoption of the
101 enterprise architecture standards in rule, the department,
102 acting through the Florida Digital Service, may develop a
103 process to:
104 (a) State agencies must provide the Florida Digital Service
105 with Receive written notice from the entities within the
106 enterprise of any planned procurement of an information
107 technology project that is subject to enterprise architecture
108 standards.
109 (b) The Florida Digital Service must participate in the
110 development of specifications and recommend modifications to any
111 planned procurement of an information technology project by
112 state agencies so that the procurement complies with the
113 enterprise architecture.
114 (c) The Florida Digital Service must participate in post
115 award contract monitoring.
116 Section 2. Section 287.0591, Florida Statutes, is amended
117 to read:
118 287.0591 Information technology.—
119 (1) Beginning July 1, 2014, Any competitive solicitation
120 issued by the department for a state term contract for
121 information technology commodities must include a term that does
122 not exceed 48 months.
123 (2) Beginning September 1, 2015, Any competitive
124 solicitation issued by the department for a state term contract
125 for information technology consultant services or information
126 technology staff augmentation contractual services must include
127 a term that does not exceed 48 months.
128 (3) The department may execute a state term contract for
129 information technology commodities, consultant services, or
130 staff augmentation contractual services that exceeds the 48
131 month requirement if the Secretary of Management Services and
132 the state chief information officer certify in writing to the
133 Executive Office of the Governor that a longer contract term is
134 in the best interest of the state.
135 (4) If the department issues a competitive solicitation for
136 information technology commodities, consultant services, or
137 staff augmentation contractual services, the Florida Digital
138 Service within the department shall participate in such
139 solicitations.
140 (5) If an agency issues a request for quote to purchase
141 information technology commodities, information technology
142 consultant services, or information technology staff
143 augmentation contractual services from the state term contract,
144 for any contract with less than 100 vendors, the agency must
145 issue a request for quote to all vendors approved to provide
146 such commodities or services. For any contract with more than
147 100 vendors, the agency must issue a request for quote to at
148 least 100 of the vendors approved to provide such commodity or
149 contractual service. Use of a request for quote does not
150 constitute a decision or intended decision that is subject to
151 protest under s. 120.57(3).
152 (6) Beginning October 1, 2021, and each October 1
153 thereafter, the department shall prequalify firms and
154 individuals to provide information technology staff augmentation
155 contractual services on state term contract. In order to
156 prequalify a firm or individual for participation on the state
157 term contract, the department must consider, at a minimum, the
158 capability, experience, and past performance record of the firm
159 or individual. A firm or individual removed from the source of
160 supply pursuant to s. 287.042(1)(b) or placed on a disqualified
161 vendor list pursuant to s. 287.133 or s. 287.134 is immediately
162 disqualified from state term contract eligibility. Once a firm
163 or individual has been prequalified to provide information
164 technology staff augmentation contractual services on state term
165 contract, the firm or individual may respond to requests for
166 quotes from an agency to provide such services.
167 Section 3. This act shall take effect July 1, 2021
168
169 ================= T I T L E A M E N D M E N T ================
170 And the title is amended as follows:
171 Delete everything before the enacting clause
172 and insert:
173 A bill to be entitled
174 An act relating to information technology procurement;
175 amending s. 282.0051, F.S.; requiring the Department
176 of Management Services, through the Florida Digital
177 Service, to establish certain project management and
178 oversight standards for state agency compliance;
179 requiring the department to perform project oversight
180 on information technology projects that have total
181 project costs of a certain amount or more; requiring
182 the information technology policy for certain state
183 contracts established by the Florida Digital Service
184 to include certain requirements for certain contracts
185 and information technology projects; providing
186 requirements for information technology projects that
187 have a total project cost over a certain amount;
188 amending s. 287.0591, F.S.; removing obsolete
189 language; authorizing the department to execute
190 certain contracts if the Secretary of Management
191 Services and the state chief information officer
192 certify certain information in writing; requiring an
193 agency to issue a request for quote to certain vendors
194 approved to provide certain commodities or services in
195 certain circumstances; requiring the department to
196 prequalify firms and individuals to provide certain
197 services on state term contract by a certain date;
198 requiring the department to consider certain
199 information in order to prequalify a firm or
200 individual; providing for the disqualification of a
201 firm or individual from state term contract
202 eligibility; authorizing a prequalified firm or
203 individual to respond to certain requests for quotes;
204 providing an effective date.