House Bill 25-1310 Introduced

A Bill for an Act

• Page 1, Line 101Concerning enhanced purchasing transparency for

• Page 1, Line 102information technology procurement.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)

Joint Technology Committee. Section 1 of the bill authorizes the joint technology committee to conduct an annual review of all rates that the office of information technology (office) charges when billing users for the office's services.

Section 2 requires that budget requests submitted to the joint technology committee include:

• Information and responses from a request for information for any budget request related to a major information technology project; and
• Formal market research for any budget request that is not related to a major information technology project.

Section 3 provides that money in the information technology revolving fund, which the office expends to pay the costs of consolidation and information technology maintenance and upgrades, is no longer continuously appropriated to the office and instead is subject to annual appropriation by the general assembly.

Section 4 repeals the office's ability to approve procurement contracts related to information technology resources on behalf of state agencies. The office may be a party to a procurement contract related to the procurement of information technology resources for a state agency if the state agency requests that the office be a party to the contract.

Section 5 provides that state agencies are not required to obtain approval from the office before commencing work on a major information technology project or planning to make significant changes to the major information technology project or budget, and makes other conforming changes.

Section 6 requires certain governmental bodies to issue a request for information prior to awarding a contract related to a major information technology project, and requires that the request for information be submitted to the joint technology committee as part of any budget request related to a major information technology project. Responses to a request for information related to a contract for a major information technology project must be presented to the joint technology committee if requested by the committee, and the committee shall meet in executive session to review the responses. Section 6 also requires certain governmental bodies to conduct market research prior to awarding a contract related to an information technology project that is not a major information technology project, and requires the market research to be submitted to the joint technology committee as part of any budget request related to the project.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 2-3-1704, amend (1)(e); and add (1)(f) as follows:

• Page 2, Line 32-3-1704.  Powers and duties of the joint technology committee.

• Page 2, Line 4(1)  The committee oversees the office of information technology, including but not limited to:

• Page 3, Line 1(e)  The office of information technology's responsibilities related

• Page 3, Line 2to the geographic information system as set forth in section 24-37.5-103 (4); and

• Page 3, Line 3(f)  An optional annual review of all rates that the office

• Page 3, Line 4of information technology charges when billing users of the

• Page 3, Line 5office's services. If the committee requests to review the office's

• Page 3, Line 6rates in accordance with this section, the committee shall meet

• Page 3, Line 7in executive session to determine whether the committee will

• Page 3, Line 8hear the rates publicly or in executive session, and the office shall present the rates to the committee.

• Page 3, Line 9SECTION 2.  In Colorado Revised Statutes, 24-37-302, amend (1)(a.5)(I); and add (1)(a.5)(I.5) as follows:

• Page 3, Line 1024-37-302.  Responsibilities of the office of state planning and

• Page 3, Line 11budgeting. (1)  The office of state planning and budgeting shall assist the

• Page 3, Line 12governor in his or her responsibilities pertaining to the executive budget. Specifically, it shall:

• Page 3, Line 13(a.5)  Design and prepare, in coordination with the staff of the joint

• Page 3, Line 14technology committee of the general assembly, the forms and instructions

• Page 3, Line 15to be used in preparation of all budget requests and supplemental budget

• Page 3, Line 16requests submitted to the joint technology committee pursuant to section

• Page 3, Line 1724-37-304 (1)(c.5). The staff of the joint technology committee shall

• Page 3, Line 18make recommendations to the joint technology committee regarding such

• Page 3, Line 19forms and instructions for the committee's approval. The forms and

• Page 3, Line 20instructions shall require that budget requests submitted to the joint technology committee include:

• Page 3, Line 21(I)  Information from and responses to a request for information

• Page 4, Line 1issued pursuant to section 24-103-201.5, or other formal market research

• Page 4, Line 2regarding the information technology budget request section

• Page 4, Line 324-103-201.5 (2.5)(a), which must be issued and included with an

• Page 4, Line 4information technology budget request that is related to a

• Page 4, Line 5major information technology project, as defined in section 24-37.5-102 (19);

• Page 4, Line 6(I.5)  Formal market research conducted pursuant to

• Page 4, Line 7section 24-103-201.5 (2.5)(b), which must be conducted and

• Page 4, Line 8included with an information technology budget request that

• Page 4, Line 9is not related to a major information technology project, as defined in section 24-37.5-102 (19);

• Page 4, Line 10SECTION 3.  In Colorado Revised Statutes, 24-37.5-103, amend (3)(c) as follows:

• Page 4, Line 1124-37.5-103.  Office of information technology - creation -

• Page 4, Line 12information technology revolving fund - geographic information

• Page 4, Line 13system coordination. (3) (c)  All interest earned on the investment of

• Page 4, Line 14money in the fund shall be credited to the fund. Money in the revolving

• Page 4, Line 15fund shall be continuously appropriated to Subject to annual

• Page 4, Line 16appropriation by the general assembly, the office of information

• Page 4, Line 17technology may expend money from the revolving fund to pay the

• Page 4, Line 18costs of consolidation and information technology maintenance and

• Page 4, Line 19upgrades. Any money credited to the revolving fund and unexpended and

• Page 4, Line 20unencumbered at the end of any given fiscal year shall remain in the fund and shall not revert to the general fund.

• Page 4, Line 21SECTION 4.  In Colorado Revised Statutes, 24-37.5-105, amend (6) as follows:

• Page 4, Line 2224-37.5-105.  Office - roles - responsibilities - state search

• Page 5, Line 1interface - rules - legislative declaration - definitions. (6)  Technology

• Page 5, Line 2purchasing. The office shall initiate the procurement of information

• Page 5, Line 3technology resources for state agencies and enter into agreements or

• Page 5, Line 4contracts on behalf of a state agency, multiple agencies, or the office, or

• Page 5, Line 5may be a party to a procurement contracts that are initiated by state

• Page 5, Line 6agencies. A state agency may initiate solicitations and contracts for

• Page 5, Line 7information technology resources only with prior approval of the

• Page 5, Line 8procurement official for the office, and must include provisions allowing

• Page 5, Line 9the office to enforce technology and security standards or conduct due

• Page 5, Line 10diligence or audits of the contractors. If the state agency does not receive

• Page 5, Line 11written approval or disapproval from the procurement official for the

• Page 5, Line 12office within thirty business days after submitting the procurement

• Page 5, Line 13request to the office for review, the state agency may assume that it has

• Page 5, Line 14received the prior approval of the office, as required by this subsection

• Page 5, Line 15(6), and is authorized to initiate the procurement or solicitation process

• Page 5, Line 16contract related to the procurement of information

• Page 5, Line 17technology resources for a state agency if the state agency

• Page 5, Line 18requests that the office be a party to the contract. In connection

• Page 5, Line 19with the procurement of information technology resources, the office shall establish standards for:

• Page 5, Line 20(a)  Ensure information technology purchases adhere to standards

• Page 5, Line 21for Data technology, architecture, and security related to information technology procurement;

• Page 5, Line 22(b)  Establish special requirements for Vendors of information

• Page 5, Line 23technology services to state agencies and adapt standards as necessary for individual state agencies to comply with federal law; and

• Page 5, Line 24(c)  Oversee information technology vendors on behalf of the state

• Page 6, Line 1and state agencies except when delegated to a state agency pursuant to section 24-37.5-105.4; and

• Page 6, Line 2(d)  If the office does not have oversight of an information

• Page 6, Line 3technology or services contract, ensure that the state agency with

• Page 6, Line 4oversight of the contract operates pursuant to section 24-37.5-105.4 regarding the delegation of authority.

• Page 6, Line 5(e)  Technology and security standards for the parties to an information technology procurement contract.

• Page 6, Line 6SECTION 5.  In Colorado Revised Statutes, 24-37.5-105.2, amend (2)(b), (2)(c), (5), and (6) as follows:

• Page 6, Line 724-37.5-105.2.  State agencies - information technology -

• Page 6, Line 8responsibilities. (2)  In connection with any major information

• Page 6, Line 9technology project that a state agency plans to undertake, the state agency shall:

• Page 6, Line 10(b)  Before commencing work on the major information

• Page 6, Line 11technology project, submit the plan to the office; and obtain approval from the office

• Page 6, Line 12(c)  If the state agency plans to make significant changes to the

• Page 6, Line 13major information technology project or budget, consult with the office

• Page 6, Line 14regarding the changes and obtain the office's approval of the changes before commencing work on the changes; and

• Page 6, Line 15(5)  For security purposes, a state agency shall include may

• Page 6, Line 16request that the office join as a party to all contracts or agreements a

• Page 6, Line 17contract or agreement for information technology goods, services, or systems.

• Page 6, Line 18(6)  A state agency shall hold authority and be responsible for

• Page 6, Line 19projects managed by the state agency. when the office is involved only as

• Page 7, Line 1a party to the contract or a party to the agreement with a vendor, contractor, or other party

• Page 7, Line 2SECTION 6.  In Colorado Revised Statutes, 24-103-201.5, add (2.5) and (5) as follows:

• Page 7, Line 324-103-201.5.  Market research - request for information.

• Page 7, Line 4(2.5) (a)  A governmental body that is also a state agency as

• Page 7, Line 5defined in section 24-37.5-102 (28) shall issue a request for

• Page 7, Line 6information prior to awarding a contract related to a major

• Page 7, Line 7information technology project, as defined in section 24-37.5-102

• Page 7, Line 8(19). Information from and responses to the request for

• Page 7, Line 9information must be submitted as part of any budget request

• Page 7, Line 10related to a major information technology project in accordance with section 24-37-302 (1)(a.5)(I).

• Page 7, Line 11(b)  A governmental body that is also a state agency as

• Page 7, Line 12defined in section 24-37.5-102 (28) shall conduct market research

• Page 7, Line 13prior to awarding a contract related to an information

• Page 7, Line 14technology project that is not a major information technology

• Page 7, Line 15project, as defined in section 24-37.5-102 (19). The market

• Page 7, Line 16research must be submitted as part of any budget request

• Page 7, Line 17related to an information technology project that is not a

• Page 7, Line 18major information technology project in accordance with section 24-37-302 (1)(a.5)(I.5).

• Page 7, Line 19(5)  Notwithstanding subsection (4) of this section,

• Page 7, Line 20responses to a request for information related to a contract

• Page 7, Line 21for a major information technology project, as defined in

• Page 7, Line 22section 24-37.5-102 (19), must be presented to the joint

• Page 7, Line 23technology committee if requested by the committee. The

• Page 8, Line 1committee shall meet in executive session to review the responses.

• Page 8, Line 2SECTION 7.  Safety clause. The general assembly finds,

• Page 8, Line 3determines, and declares that this act is necessary for the immediate

• Page 8, Line 4preservation of the public peace, health, or safety or for appropriations for

• Page 8, Line 5the support and maintenance of the departments of the state and state institutions.