Senate Amendment 3411 PAG LIN 1 1 Amend Senate File 601 as follows: 1 2 #1. Page 32, by inserting after line 28 the 1 3 following: 1 4 <Sec. . Section 8A.311, Code 2007, is amended 1 5 by adding the following new subsection: 1 6 NEW SUBSECTION. 21. a. The director may 1 7 authorize the procurement of goods and services in 1 8 which a limitation of vendor liability is provided for 1 9 and set forth in the documents initiating the 1 10 procurement. The director, in consultation with the 1 11 department of management, shall adopt rules setting 1 12 forth the circumstances in which such procurement will 1 13 be permitted and what types of limitations of 1 14 liability are permitted. Rules adopted by the 1 15 director shall establish criteria to be considered in 1 16 making a determination of whether to permit a 1 17 limitation of vendor liability with regard to any 1 18 procurement of goods and services. The criteria, at a 1 19 minimum, shall include all of the following: 1 20 (1) Whether authorizing a limitation of vendor 1 21 liability is necessary to prevent harm to the state 1 22 from a failure to obtain the goods or services sought, 1 23 or from obtaining the goods or services at a higher 1 24 price if the state refuses to allow a limitation of 1 25 vendor liability. 1 26 (2) Whether the limitation of vendor liability is 1 27 commercially reasonable when taking into account any 1 28 risk to the state created by the goods or services to 1 29 be procured and the purpose for which they will be 1 30 used. 1 31 b. Notwithstanding paragraph "a", a limitation of 1 32 vendor liability shall not include any limitation on 1 33 the liability of any vendor for intentional torts, 1 34 criminal acts, or fraudulent conduct. 1 35 c. The rules shall provide for the negotiation of 1 36 a limitation of vendor liability consistent with the 1 37 requirements of this section and any other 1 38 requirements of the department as provided in any 1 39 related documents associated with a procurement of 1 40 goods and services.> 1 41 1 42 1 43 1 44 JEFF DANIELSON 1 45 SF 601.205 82 1 46 mg/es/8377 1 47 1 48 1 49 1 50 -1-