Florida Senate - 2021                      CS for CS for SB 1448
       By the Committees on Appropriations; and Governmental Oversight
       and Accountability; and Senator Jones
       576-04232-21                                          20211448c2
    1                        A bill to be entitled                      
    2         An act relating to information technology procurement;
    3         amending s. 282.0051, F.S.; requiring the Department
    4         of Management Services, through the Florida Digital
    5         Service, to establish certain project management and
    6         oversight standards for state agency compliance;
    7         requiring the department to perform project oversight
    8         on information technology projects that have total
    9         project costs of a certain amount or more; requiring
   10         that the information technology policy for certain
   11         state contracts established by the Florida Digital
   12         Service include certain requirements for certain
   13         contracts and information technology projects;
   14         providing requirements for information technology
   15         projects that have a total project cost more than a
   16         certain amount; amending s. 287.0591, F.S.; removing
   17         obsolete language; authorizing the department to
   18         execute certain contracts if the Secretary of
   19         Management Services and the state chief information
   20         officer certify certain information in writing;
   21         requiring an agency to issue a request for quote to
   22         certain vendors approved to provide certain
   23         commodities or services, in certain circumstances;
   24         requiring the department to prequalify firms and
   25         individuals to provide certain services on a state
   26         term contract by a certain date; requiring the
   27         department to consider certain information in order to
   28         prequalify a firm or an individual; providing for the
   29         disqualification of a firm or an individual from state
   30         term contract eligibility; authorizing a prequalified
   31         firm or individual to respond to certain requests for
   32         quotes; providing an effective date.
   34  Be It Enacted by the Legislature of the State of Florida:
   36         Section 1. Paragraphs (c), (n), and (q) of subsection (1)
   37  and subsection (4) of section 282.0051, Florida Statutes, are
   38  amended to read:
   39         282.0051 Department of Management Services; Florida Digital
   40  Service; powers, duties, and functions.—
   41         (1) The Florida Digital Service has been created within the
   42  department to propose innovative solutions that securely
   43  modernize state government, including technology and information
   44  services, to achieve value through digital transformation and
   45  interoperability, and to fully support the cloud-first policy as
   46  specified in s. 282.206. The department, through the Florida
   47  Digital Service, shall have the following powers, duties, and
   48  functions:
   49         (c) Establish project management and oversight standards
   50  with which state agencies must comply when implementing
   51  information technology projects. The department, acting through
   52  the Florida Digital Service, shall provide training
   53  opportunities to state agencies to assist in the adoption of the
   54  project management and oversight standards. To support data
   55  driven decisionmaking, the standards must include, but are not
   56  limited to:
   57         1. Performance measurements and metrics that objectively
   58  reflect the status of an information technology project based on
   59  a defined and documented project scope, cost, and schedule.
   60         2. Methodologies for calculating acceptable variances in
   61  the projected versus actual scope, schedule, or cost of an
   62  information technology project.
   63         3. Reporting requirements, including requirements designed
   64  to alert all defined stakeholders that an information technology
   65  project has exceeded acceptable variances defined and documented
   66  in a project plan.
   67         4. Content, format, and frequency of project updates.
   68         5.Technical standards to ensure an information technology
   69  project complies with the enterprise architecture.
   70         (n)1. Notwithstanding any other law, provide project
   71  oversight on any information technology project of the
   72  Department of Financial Services, the Department of Legal
   73  Affairs, and the Department of Agriculture and Consumer Services
   74  which has a total project cost of $20 $25 million or more and
   75  which impacts one or more other agencies. Such information
   76  technology projects must also comply with the applicable
   77  information technology architecture, project management and
   78  oversight, and reporting standards established by the
   79  department, acting through the Florida Digital Service.
   80         2. When performing the project oversight function specified
   81  in subparagraph 1., report at least quarterly to the Executive
   82  Office of the Governor, the President of the Senate, and the
   83  Speaker of the House of Representatives on any information
   84  technology project that the department, acting through the
   85  Florida Digital Service, identifies as high-risk due to the
   86  project exceeding acceptable variance ranges defined and
   87  documented in the project plan. The report shall include a risk
   88  assessment, including fiscal risks, associated with proceeding
   89  to the next stage of the project and a recommendation for
   90  corrective actions required, including suspension or termination
   91  of the project.
   92         (q)1. Establish an information technology policy for all
   93  information technology-related state contracts, including state
   94  term contracts for information technology commodities,
   95  consultant services, and staff augmentation services. The
   96  information technology policy must include:
   97         a. Identification of the information technology product and
   98  service categories to be included in state term contracts.
   99         b. Requirements to be included in solicitations for state
  100  term contracts.
  101         c. Evaluation criteria for the award of information
  102  technology-related state term contracts.
  103         d. The term of each information technology-related state
  104  term contract.
  105         e. The maximum number of vendors authorized on each state
  106  term contract.
  107         f.At a minimum, a requirement that any contract for
  108  information technology commodities or services meet the National
  109  Institute of Standards and Technology Cybersecurity Framework.
  110         g.For an information technology project with oversight
  111  required pursuant to paragraph (d) or paragraph (n), a
  112  requirement that independent verification and validation be
  113  employed throughout the project lifecycle with the primary
  114  objective of independent verification and validation to provide
  115  an objective assessment of products and processes. An entity
  116  providing independent verification and validation may not have a
  117  technical, managerial, or financial interest in the project and
  118  may not have responsibility for, or participate in, any other
  119  aspect of the project.
  120         2. Evaluate vendor responses for information technology
  121  related state term contract solicitations and invitations to
  122  negotiate.
  123         3. Answer vendor questions on information technology
  124  related state term contract solicitations.
  125         4. Ensure that the information technology policy
  126  established pursuant to subparagraph 1. is included in all
  127  solicitations and contracts that are administratively executed
  128  by the department.
  129         (4) For information technology projects that have a total
  130  project cost of over $10 million Upon the adoption of the
  131  enterprise architecture standards in rule, the department,
  132  acting through the Florida Digital Service, may develop a
  133  process to:
  134         (a) State agencies must provide the Florida Digital Service
  135  with Receive written notice from the entities within the
  136  enterprise of any planned procurement of an information
  137  technology project that is subject to enterprise architecture
  138  standards.
  139         (b) The Florida Digital Service must participate in the
  140  development of specifications and recommend modifications to any
  141  planned procurement of an information technology project by
  142  state agencies so that the procurement complies with the
  143  enterprise architecture.
  144         (c)The Florida Digital Service must participate in post
  145  award contract monitoring.
  146         Section 2. Section 287.0591, Florida Statutes, is amended
  147  to read:
  148         287.0591 Information technology.—
  149         (1) Beginning July 1, 2014, Any competitive solicitation
  150  issued by the department for a state term contract for
  151  information technology commodities must include a term that does
  152  not exceed 48 months.
  153         (2) Beginning September 1, 2015, Any competitive
  154  solicitation issued by the department for a state term contract
  155  for information technology consultant services or information
  156  technology staff augmentation contractual services must include
  157  a term that does not exceed 48 months.
  158         (3) The department may execute a state term contract for
  159  information technology commodities, consultant services, or
  160  staff augmentation contractual services that exceeds the 48
  161  month requirement if the Secretary of Management Services and
  162  the state chief information officer certify in writing to the
  163  Executive Office of the Governor that a longer contract term is
  164  in the best interest of the state.
  165         (4) If the department issues a competitive solicitation for
  166  information technology commodities, consultant services, or
  167  staff augmentation contractual services, the Florida Digital
  168  Service within the department shall participate in such
  169  solicitations.
  170         (5)If an agency issues a request for quote to purchase
  171  information technology commodities, consultant services, or
  172  staff augmentation contractual services from the state term
  173  contract, for any contract with 25 approved vendors or fewer,
  174  the agency must issue a request for quote to all vendors
  175  approved to provide such commodity or service. For any contract
  176  with more than 25 approved vendors, the agency must issue a
  177  request for quote to at least 25 of the vendors approved to
  178  provide such commodity or contractual service. Use of a request
  179  for quote does not constitute a decision or intended decision
  180  that is subject to protest under s. 120.57(3).
  181         (6)Beginning October 1, 2021, and each October 1
  182  thereafter, the department shall prequalify firms and
  183  individuals to provide information technology staff augmentation
  184  contractual services on a state term contract. In order to
  185  prequalify a firm or an individual for participation on the
  186  state term contract, the department must consider, at a minimum,
  187  the capability, experience, and past performance record of the
  188  firm or individual. A firm or an individual removed from the
  189  source of supply pursuant to s. 287.042(1)(b) or placed on a
  190  disqualified vendor list pursuant to s. 287.133 or s. 287.134 is
  191  immediately disqualified from state term contract eligibility.
  192  Once a firm or an individual has been prequalified to provide
  193  information technology staff augmentation contractual services
  194  on a state term contract, the firm or individual may respond to
  195  requests for quotes from an agency to provide such services.
  196         Section 3. This act shall take effect July 1, 2021.