HB 133

            
2020 SESSION

20101052D

HOUSE BILL NO. 133


Offered January 8, 2020


Prefiled December 17, 2019

A BILL to amend the Code of Virginia by adding a section 
 numbered 2.2-4311.3, relating to the Virginia Public Procurement Act; 
 professional and information technology project services contracts; 
 verification of work.
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Patron-- Miyares

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Referred to Committee on Communications, Technology and Innovation

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Be it enacted by the General Assembly of Virginia:
 
 
1. That the Code of Virginia is amended by adding a section 
 numbered 2.2-4311.3 as follows:
 
 
� 2.2-4311.3. Verification 
 of work for professional and information technology project services; required 
 contract provisions.
 
 
A. All state 
 agencies shall include in every written contract for 
 professional or information technology project services 
 provisions requiring the 
 contractor to use verification software 
 to determine whether the hours 
 billed for work under the contract that is performed on a 
 computer are legitimate. Such provisions shall 
 specify that the agency will not pay for hours worked on a computer unless 
 those hours are verified as legitimate by the software or by the data collected 
 by the software.
 
 
B. Software 
 satisfying the contract provisions required by this section shall 
 do the following:
 
 
1. Permit the agency 
 or an auditor of the agency to have real-time or retroactive access to data 
 collected or provided by the software;
 
 
2. Automatically 
 gather verification data of state-funded activity by tracking total keystroke 
 and mouse event frequency and taking a screenshot at 
 least once every three minutes;
 
 
3. Provide to the 
 agency or an auditor of the agency the 
 automated real-time cost status of each task;
 
 
4. Provide to the 
 agency professional biographical information;
 
 
5. Protect data collected 
 by the software according to the terms of the contract 
 between the contractor and the Commonwealth; 
 and
 
 
6. Permit the agency 
 to provide immediate feedback to the contractor on 
 work in progress.
 
 
C. The data 
 collected by the software shall be considered accounting records belonging to 
 the contractor. The provisions of the 
 contract shall require the contractor to store, 
 or contract with another person to store, the data collected by the software 
 for a period of seven years. The contractor shall provide access to such data 
 to the contracting agency upon request.
 
 
D. The contractor 
 shall not charge the agency or an auditor of the agency for access to or use of 
 the work verification software or for access to or retrieval of data collected 
 by the software.
 
 
E. Software used under 
 this section shall be procured by the contractor from an independent entity.