                                 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:
			&#8220;Contract&#8221; 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 &#xA7; 38.2-119.
			&#8220;Experience modification factor&#8221; 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
&#xA7; 38.2-1913.
			&#8220;Offer to contract&#8221; 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.
			&#8220;Person&#8221; 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.