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2019 SESSION
SB 1329 Major information technology project procurement; terms and conditions, etc.
Introduced by: Frank M. Ruff, Jr. | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED SENATE:
Major information technology project procurement; terms and conditions; limitation of liability provisions. Requires, in any contract for a major information technology project, terms and conditions relating to the indemnification obligations and liability of a supplier to be reasonable and to not exceed in aggregate twice the value of the contract. The bill also provides that there is be no limitation on the liability of a supplier for (i) any 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. The bill provides an exception to such conditions where the Secretary of Administration approves a reasonable maximum alternative limitation of liability amount recommended by the Chief Information Officer of the Commonwealth based on a risk assessment showing exceptional risk to the Commonwealth. This bill is identical to HB 2324.
SUMMARY AS INTRODUCED:
Major information technology project procurement; terms and conditions; limitation of liability provisions. Requires, in any contract for a major information technology project, terms and conditions relating to the indemnification obligations and liability of a contractor to be reasonable and to not exceed in aggregate twice the value of the contract. The bill also provides that there shall be no limitation on the liability of a contractor for (i) any 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.