Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/06/2020        

Virginia Public Procurement Act; information technology project services contracts, behind schedule.

Requires that all state agencies include in every written contract for information technology project services contracts provisions that the agency is not required to pay for hours worked on a computer and billed by the hour on a project that (i) is more than one year behind on any scheduled contract performance dates or actual completion dates or (ii) has costs in excess of $1 million over the initial term of the contract, unless such hourly work is verified as legitimate by automatic billing verification software meeting certain standards. Any data collected by automatic billing verification software is considered accounting records belonging to the contractor; however, no contractor is permitted to sell or transfer such data or use it for any purpose or in any manner other than to verify and manage the hours worked on the associated contract and billed to the agency. The bill exempts from the contract provision and data collection requirement any (i) contracts (a) between state agencies, (b) with any law-enforcement agency, or (c) with any agency that is the custodian of criminal justice information as defined in the Federal Bureau of Investigation's Criminal Justice Information Services Division's Security Policy and (ii) work performed (a) by a state employee or (b) on a state-owned device.

Date Version PDF TXT
01/06/2020 House: Prefiled and ordered printed; offered 01/08/20 20103004D Open

            

2020 SESSION

    20103004D
    HOUSE BILL NO. 680
    Offered January 8, 2020
    Prefiled January 6, 2020
    A BILL to amend the Code of Virginia by adding a section numbered 2.2-4311.3, relating to Virginia Public Procurement Act; information technology project services contracts; behind schedule; verification of work.
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    Patrons-- LaRock, Cole, M.L. and Fowler
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    Referred to Committee on General Laws
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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 information technology project services; required contract provisions.

    A. All state agencies shall include in every written contract for information technology project services provisions providing that the agency shall not be required to pay for hours worked on a computer and billed by the hour on a project that (i) is more than one year behind on any scheduled contract performance dates or actual completion dates or (ii) has accrued costs in excess of $1 million over the initial contract price, unless such hourly work is verified as legitimate by automatic billing verification software that:

    1. Automatically counts and reports the number of keystrokes and mouse events without recording any actual keystrokes or mouse events;

    2. Automatically takes screenshots on a regular basis, but not less than once every six minutes;

    3. Meets all state and federal privacy and confidentiality laws and protects all data that is private or confidential to contractors and individual users; and

    4. Is procured by the contractor from an independent third-party vendor.

    B. Any data collected by automatic billing verification software required under subsection A shall be considered accounting records belonging to the contractor; however, no contractor shall sell or transfer such data or use it for any purpose or in any manner other than to verify and manage the hours worked on the associated contract and billed to the agency.

    C. The provisions of this section shall not apply to:

    1. Work performed by a state employee;

    2. Work performed on a state-owned device;

    3. Contracts between state agencies; or

    4. Contracts with any law-enforcement agency or with any agency that is the custodian of criminal justice information as defined in the Federal Bureau of Investigations Criminal Justice Information Services Divisions Security Policy, as amended from time to time.

    Picture Name From Date Type
    David A. LaRock R-Richmond Sponsor
    Hyland F. (Buddy) Fowler R-Richmond Cosponsor
    Mark L. Cole R-Richmond Cosponsor
    Date Branch Action
    01/28/2020 House House: Subcommittee recommends laying on the table (6-Y 2-N)
    01/17/2020 House House: Assigned GL sub: Open Government/Procurement
    01/06/2020 House House: Prefiled and ordered printed; offered 01/08/20 20103004D
    01/06/2020 House House: Referred to Committee on General Laws
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    Wiki





    Start Description.
    Requires that all state agencies include in every written contract for information technology project services contracts provisions that the agency is not required to pay for hours worked on a computer and billed by the hour on a project that (i) is more than one year behind on any scheduled contract performance dates or actual completion dates or (ii) has costs in excess of $1 million over the initial term of the contract, unless such hourly work is verified as legitimate by auto
    End Description.

    Bill TEXT Points.
    This Bill has been listed with the following Subjects from Texts:
    Virginia
    680 Offered January 8, 2020 Prefiled January 6, 2020 A BILL to amend the Code of Virginia by adding a section numbered 2


    End Bill TEXT Points.
    Date Bill Major Title
    Committee Name
    Subject Type