Florida Senate - 2021 CS for SB 1448
By the Committee on Governmental Oversight and Accountability;
and Senator Jones
585-03335-21 20211448c1
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 the information technology policy for certain state
11 contracts established by the Florida Digital Service
12 to include certain requirements for certain contracts
13 and information technology projects; providing
14 requirements for information technology projects that
15 have a total project cost over a certain amount;
16 amending s. 287.0591, F.S.; removing obsolete
17 language; authorizing the department to execute
18 certain contracts if the Secretary of Management
19 Services and the state chief information officer
20 certify certain information in writing; requiring an
21 agency to issue a request for quote to certain vendors
22 approved to provide certain commodities or services in
23 certain circumstances; requiring the department to
24 prequalify firms and individuals to provide certain
25 services on a state term contract by a certain date;
26 requiring the department to consider certain
27 information in order to prequalify a firm or an
28 individual; providing for the disqualification of a
29 firm or an individual from state term contract
30 eligibility; authorizing a prequalified firm or
31 individual to respond to certain requests for quotes;
32 providing an effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
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 less than 100 vendors, the
174 agency must issue a request for quote to all vendors approved to
175 provide such commodities or services. For any contract with more
176 than 100 vendors, the agency must issue a request for quote to
177 at least 100 of the vendors approved to provide such commodity
178 or contractual service. Use of a request for quote does not
179 constitute a decision or intended decision that is subject to
180 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.