Bill Text: FL S1448 | 2021 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Information Technology Procurement

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2021-04-27 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1137 (Ch. 2021-227) [S1448 Detail]

Download: Florida-2021-S1448-Introduced.html

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       Florida Senate - 2021                                    SB 1448
       
       
        
       By Senator Jones
       
       
       
       
       
       35-01530-21                                           20211448__
    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; providing
   10         requirements for information technology projects that
   11         have a total project cost greater than a certain
   12         amount; amending s. 287.0591, F.S.; removing obsolete
   13         language; authorizing the department to execute
   14         certain contracts if the Secretary of Management
   15         Services and the state chief information officer
   16         certify certain information in writing; requiring an
   17         agency to issue a request for quotes to all vendors
   18         approved to provide certain commodities or services in
   19         certain circumstances; requiring the department to
   20         prequalify firms and individuals to provide certain
   21         services on a state term contract by a certain date;
   22         requiring the department to consider certain
   23         information in order to prequalify a firm or an
   24         individual; providing for the ineligibility of a firm
   25         or an individual from state term contracts; providing
   26         an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraphs (c), (d), and (n) of subsection (1)
   31  and subsection (4) of section 282.0051, Florida Statutes, are
   32  amended to read:
   33         282.0051 Department of Management Services; Florida Digital
   34  Service; powers, duties, and functions.—
   35         (1) The Florida Digital Service has been created within the
   36  department to propose innovative solutions that securely
   37  modernize state government, including technology and information
   38  services, to achieve value through digital transformation and
   39  interoperability, and to fully support the cloud-first policy as
   40  specified in s. 282.206. The department, through the Florida
   41  Digital Service, shall have the following powers, duties, and
   42  functions:
   43         (c) Establish project management and oversight standards
   44  with which state agencies must comply when implementing
   45  information technology projects. The department, acting through
   46  the Florida Digital Service, shall provide training
   47  opportunities to state agencies to assist in the adoption of the
   48  project management and oversight standards. To support data
   49  driven decisionmaking, the standards must include, but are not
   50  limited to:
   51         1. Performance measurements and metrics that objectively
   52  reflect the status of an information technology project based on
   53  a defined and documented project scope, cost, and schedule.
   54         2. Methodologies for calculating acceptable variances in
   55  the projected versus actual scope, schedule, or cost of an
   56  information technology project.
   57         3. Reporting requirements, including requirements designed
   58  to alert all defined stakeholders that an information technology
   59  project has exceeded acceptable variances defined and documented
   60  in a project plan.
   61         4. Content, format, and frequency of project updates.
   62         5. Technical standards to ensure that an information
   63  technology project complies with the enterprise architecture.
   64         (d) Perform project oversight on all state agency
   65  information technology projects that have total project costs of
   66  $5 $10 million or more and that are funded in the General
   67  Appropriations Act or any other law. The department, acting
   68  through the Florida Digital Service, shall report at least
   69  quarterly to the Executive Office of the Governor, the President
   70  of the Senate, and the Speaker of the House of Representatives
   71  on any information technology project that the department
   72  identifies as high-risk due to the project exceeding acceptable
   73  variance ranges defined and documented in a project plan. The
   74  report must include a risk assessment, including fiscal risks,
   75  associated with proceeding to the next stage of the project, and
   76  a recommendation for corrective actions required, including
   77  suspension or termination of the project.
   78         (n)1. Notwithstanding any other law, provide project
   79  oversight on any information technology project of the
   80  Department of Financial Services, the Department of Legal
   81  Affairs, and the Department of Agriculture and Consumer Services
   82  which has a total project cost of $20 $25 million or more and
   83  which impacts one or more other agencies. Such information
   84  technology projects must also comply with the applicable
   85  information technology architecture, project management and
   86  oversight, and reporting standards established by the
   87  department, acting through the Florida Digital Service.
   88         2. When performing the project oversight function specified
   89  in subparagraph 1., report at least quarterly to the Executive
   90  Office of the Governor, the President of the Senate, and the
   91  Speaker of the House of Representatives on any information
   92  technology project that the department, acting through the
   93  Florida Digital Service, identifies as high-risk due to the
   94  project exceeding acceptable variance ranges defined and
   95  documented in the project plan. The report shall include a risk
   96  assessment, including fiscal risks, associated with proceeding
   97  to the next stage of the project and a recommendation for
   98  corrective actions required, including suspension or termination
   99  of the project.
  100         (4) For information technology projects that have a total
  101  project cost of more than $5 million Upon the adoption of the
  102  enterprise architecture standards in rule, the department,
  103  acting through the Florida Digital Service, may develop a
  104  process to:
  105         (a) State agencies must provide the Florida Digital Service
  106  with Receive written notice from the entities within the
  107  enterprise of any planned procurement of an information
  108  technology project that is subject to enterprise architecture
  109  standards.
  110         (b) The Florida Digital Service must participate in the
  111  development of specifications and recommend modifications to any
  112  planned procurement by state agencies so that the procurement
  113  complies with the enterprise architecture.
  114         (c) The Florida Digital Service must participate in the
  115  formation and negotiation of the contract and in post-award
  116  contract monitoring.
  117         Section 2. Section 287.0591, Florida Statutes, is amended
  118  to read:
  119         287.0591 Information technology.—
  120         (1) Beginning July 1, 2014, Any competitive solicitation
  121  issued by the department for a state term contract for
  122  information technology commodities must include a term that does
  123  not exceed 48 months.
  124         (2) Beginning September 1, 2015, Any competitive
  125  solicitation issued by the department for a state term contract
  126  for information technology consultant services or information
  127  technology staff augmentation contractual services must include
  128  a term that does not exceed 48 months.
  129         (3) The department may execute a state term contract for
  130  information technology commodities, consultant services, or
  131  staff augmentation contractual services that exceeds the 48
  132  month requirement if the Secretary of Management Services and
  133  the state chief information officer certify in writing to the
  134  Executive Office of the Governor that a longer contract term is
  135  in the best interest of this the state.
  136         (4) If the department issues a competitive solicitation for
  137  information technology commodities, consultant services, or
  138  staff augmentation contractual services, the Florida Digital
  139  Service within the department shall participate in such
  140  solicitations.
  141         (5) If an agency issues a request for quotes to purchase
  142  information technology commodities, information technology
  143  consultant services, or information technology staff
  144  augmentation contractual services from the state term contract,
  145  the agency must issue a request for quotes to all vendors
  146  approved to provide such commodities or services. Use of a
  147  request for quotes does not constitute a decision or intended
  148  decision that is subject to protest under s. 120.57(3).
  149         (6) Beginning October 1, 2021, and annually thereafter, the
  150  department must prequalify firms and individuals to provide
  151  staff augmentation contractual services on a state term
  152  contract. In order to prequalify a firm or an individual for
  153  participation on the state term contract, the department must
  154  consider, at a minimum, the capability, experience, and past
  155  performance record of the firm or individual. A firm or an
  156  individual removed from the source of supply pursuant to s.
  157  287.042(1)(b) or placed on a disqualified vendor list pursuant
  158  to s. 287.133 or s. 287.134 is not eligible for a state term
  159  contract. Once a firm or an individual has been prequalified to
  160  provide staff augmentation contractual services on a state term
  161  contract, the firm or individual may respond to requests for
  162  quotes from an agency to provide such services.
  163         Section 3. This act shall take effect July 1, 2021.