CODE OF VIRGINIA

CONSTRUCTION OF CERTAIN TERMS OF OFFER TO CONTRACT; USE OF EXPERIENCE
MODIFICATION FACTOR PROHIBITED (§ 11-9.8)

A. As used in this section:”Contract” means an agreement for the
provision of construction services under which the contractor will be required
to have and maintain a policy of insurance as defined in §
38.2-119.”Experience modification factor” means a value assigned to
an employer as determined by a rate service organization in accordance with its
uniform experience rating plan required to be filed pursuant to subsection D of
§ 38.2-1913.”Offer to contract” means a solicitation of bids,
Request for Proposals, or similar invitation to enter into a contract that is
extended to potential contractors for construction services.”Person”
means any individual; firm; cooperative; association; corporation; limited
liability company; trust; business trust; syndicate; partnership; limited
liability partnership; joint venture; receiver; trustee in bankruptcy; club,
society, or other group or combination acting as a unit; or public body,
including but not limited to (i) the Commonwealth; (ii) any other state; and
(iii) any agency, department, institution, political subdivision, or
instrumentality of the Commonwealth or any other state.

B. A term of an offer to contract issued that requires that the successful
bidder have a specified experience modification factor is prohibited.

C. Any contract or offer to contract that requires the contractor or bidder
responding to the offer to contract to have a specified experience modification
factor is prohibited.

HISTORY: 2016, c. 754.