Budget Amendment ID: FY2015-S4-196

GOV 196

Information-technology management enhancement

Ms. Creem moved that the proposed new text be amended in section 2, in item 1790-0100, moved that the bill be amended in section 2, in item 1790-0100, , by adding at the end thereof the following: "; provided further, that the practices and procedures of the division shall be informed by the recommendations of the senate committee on post audit and oversight in its April 2014 report on information technology projects; provided further, that the division shall create an internal unit to address contract management, which unit shall assist agencies in preparing requests for proposals, selecting vendors, drafting contract terms and any necessary amendments, and reviewing contracts to ensure the Commonwealth’s interests are protected, and which shall create standard contracts to serve as the default language for all agreements with private-sector vendors for information technology services, which shall include, but not be limited to, (a) protection of the Commonwealth’s intellectual-property rights, (b) clear, functionally-oriented deliverable-acceptance criteria, and time periods for review of deliverables that allows flexibility for extensions when necessary, (c) testing that is comprehensive enough to fully probe the new system’s functionality in handling all foreseeable scenarios, (d) payment methods involving a “true up” at completion of each functional milestone, (e) training for agency staff, (f) a warranty period of at least 9 months, (g) financial penalties to the vendor for delays, and (h) specific provisions allowing for termination of the contract if deemed necessary or beneficial; provided further, that the division shall submit such standard contract language to the house of representatives and senate committees on bonding, capital expenditures and state assets, and the house of representatives and senate committees on ways and means on or before December 31, 2014; provided further, that the division shall create an internal unit to perform project management, which unit shall be staffed with experienced project managers capable of being assigned to agencies to manage particular information technology projects or other types of capital projects; provided further, that there shall be, within the division, a unit to be known as the Massachusetts information technology clearinghouse to gather and maintain records and information about ongoing or completed IT projects conducted by the Commonwealth or its agencies.  The functions of this unit are to: (a) assist agencies in learning about prospective vendors’ past performance for other public and private entities, including those from other states, before a contract with that vendor is executed; (b) conduct interviews with all parties and gather relevant information, including documentation, after a project’s completion; (c) retain project artifacts that are created for each project that can be used, with appropriate modifications, for subsequent projects: and (d) formally document lessons learned, best practices, and other insights gained from the foregoing activities; and provided further, that the secretary of administration and finance shall promulgate regulations regarding the hiring of employees of information technology vendors for executive branch management positions in which they may be required to directly oversee the work of that same vendor, and shall submit  such regulations to the house of representatives and senate committees on bonding, capital expenditures, and state assets, and the house of representatives and senate committees on ways and means on or before December 31, 2014"