HB 680

            
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.