1. The state court administrator may authorize the procurement of goods and services in whicha contractual limitation of vendor liabilityis provided for and setforth in the documents initiating the procurement. 2. a. The state court administrator shall consider all of the following criteria when determining whether to permit a contractual limitation of vendor liability with regard to any procurement of goods or services: (1) Whether authorizing acontractual limitation of vendor liabilityis necessary to prevent harm to the state from a failure to obtain the goods or services sought, or from obtaining the goods or services at a higher price if the state refuses to allow a contractual limitation of vendor liability. (2) Whether the contractuallimitation of vendor liability iscommercially reasonablewhen taking into account any risk to the state created by the goods or services to be procured and the purpose for which they will be used. b. The state court administrator may consider additional criteria. 3. Notwithstanding subsection 1, a contractual limitation of vendor liability shall not include any limitation on the liability of any vendor for intentional torts, criminal acts, or fraudulent conduct.
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