The State of Florida’s Department of Management Services has recently proposed some changes to their standard terms and conditions for state contracts. The state’s Agency for State Technology recently survived an attempt to decentralize technology funding, estimated at more than $700m annually. The proposed changes to the state’s standard terms and conditions take the state in the wrong direction. CompTIA expressed some concerns with the proposed changes and, with $700 million on the line in technology spending annually, we are hopeful that Florida hears our concerns and takes them to heart.
CompTIA’s SLED Council advocates for procurement principles across the United States that make it easy and efficient for industry to do business with state and local governments. These principles include limitations on liability, reasonable disclosures, well-defined indemnity, balanced accountability and clarity in expectations. Having insights across governments as to what works and what can be detrimental to business puts CompTIA in a unique position to offer constructive advice to states on what terms and conditions will have impacts on the government technology enterprise.
CompTIA suggested Florida officials maintain current limits to liability in their contracts, avoid broadening indemnity clauses, maintain current legal disclosure rules and background check requirements. The first reactions to CompTIA’s feedback was that our opinion was well received. We will keep you posted as the rules are heard and formalized by Florida’s Department of Management Services.
Read the letter sent to administration officials at the Agency for State Technology, the Governor’s Office, and the Department of Management Services.