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2019 SESSION

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19102823D
HOUSE BILL NO. 2324 Offered January 9, 2019 Prefiled January 8, 2019 A BILL to amend the Code of Virginia by adding a section numbered 2.2-2012.1, relating to major information technology project procurement; terms and conditions; limitation of liability provisions. ---------- Patrons-- Peace and Carr ---------- Referred to Committee on General Laws ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 2.2-2012.1 as follows:

§ 2.2-2012.1. Major information technology project procurement; terms and conditions.

A. For the purposes of this section "supplier" means the term as defined in § 59.1-198.

B. In any contract for a major information technology project, terms and conditions relating to the indemnification obligations and liability of a contractor shall be reasonable and shall not exceed in aggregate twice the value of the contract. There shall be no limitation on the liability of a contractor for (i) the intentional or willful misconduct, fraud, or recklessness of a supplier or any employee of a supplier or (ii) claims for bodily injury, including death, and damage to real property or tangible personal property resulting from the negligence of a supplier or any employee of a supplier.