Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1448
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Governmental Oversight and Accountability
       (Jones) recommended the following:
    1         Senate Amendment (with title amendment)
    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
  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.