                                 CODE OF VIRGINIA

COMPLIANCE WITH STATE LAW; CONTRACT TERMS INCONSISTENT WITH STATE LAW (§
2.2-4311.3)

A. As used in this section, &#8220;information technology goods and
services&#8221; means communications, telecommunications, automated data
processing, applications, databases, data networks, management information
systems, and other related goods and services.

B. No term or provision in any public contract for the acquisition of
information technology goods or services shall be valid or enforceable to the
extent that it is in conflict with Virginia law. A public contract containing
such a term or provision shall otherwise remain enforceable.

C. Any term or provision in such a public contract that (i) makes the public
contract subject to, governed by, or interpreted under the laws of another state
or country or (ii) requires or permits any litigation or other dispute
resolution proceeding arising from the public contract to be conducted in
another state or country shall be void. Such public contract shall instead be
deemed to provide for the application of the law of the Commonwealth of
Virginia, without regard to such contract&#8217;s choice of law provisions, and
to provide for jurisdiction in the courts of the Commonwealth.

D. The provisions of this section shall only apply to a county, city, town,
political subdivision, or public institution of higher education, or to a public
body listed as an independent agency in the appropriation act, if its governing
body has adopted the provisions of this section as part of its procurement
policies and procedures.

HISTORY: 2025, c. 27.