AN ACT SETTING THE LIMITS OF CONTRACTOR LIABILITY UNDER STATE INFORMATION TECHNOLOGY PROCUREMENT CONTRACTS.
Senate committee substitute deletes the previous language of the 1st edition and provides the following.
Amends GS 143B-1350(h1) to require that all contracts subject to Part 4 of Article 15 of GS Chapter 143B (Information Technology Procurement) include a limitation on the contractor's liability to the State for damages. Requires that the limitation of liability be for damages arising from any cause whatsoever, regardless of the form of action, except as otherwise provided in subsection (h1). Establishes that the amount of liability is to be determined based on the nature of the goods or services covered by the contract, but that there is to be a presumptive limitation of no more than two times the value of the contract. Sets out the specific limitations of liability to be included.
Sets out three circumstances that must be true for the amount of liability for damages and any other losses relating to the loss of, unauthorized access to, or unauthorized disclosure of data to be raised to no more than five times the value of the contract.
Directs the State Chief Information Officer to report annually, no later than March 1, regarding the contracts containing liability amounts of more than two times the value of the contract to the Joint Legislative Commission on Governmental Operations and the Joint Legislative Oversight Committee on Information Technology.
Requires the Department of Information Technology or a separate agency to reasonably determine that the contractor has sufficient financial resources to satisfy the agreed upon limitation of liability before entering into any contract subject to Part 5.
Establishes that subsection (h1) requirements do not apply to liability of the contractor for intentional or willful misconduct, damage to tangible personal property, or physical injuries to persons.
Establishes that nothing in subsection (h1) limits the contractor's liability directly to third parties, or affects the rights and obligations related to contribution among joint tortfeasors under GS Chapter 1B or other applicable law.