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Summary:
Department of Small Business and Supplier Diversity; Small Business Procurement Enhancement Program, and Women-owned and Minority-owned Business Procurement Enhancement Program established; report.
Establishes the Small Business Procurement Enhancement Program with a statewide goal of 42 percent of certified small business utilization in all discretionary spending by state agencies and covered institutions in procurement orders, prime contracts, and subcontracts, as well as a target goal of 50 percent subcontracting to certified small businesses in instances where the prime contractor is not a small business for all new capital outlay construction solicitations that are issued. In addition, the bill provides for a small business set-aside for state agency and covered institution purchases of goods, services, and construction, requiring that purchases up to $100,000 be set aside for award to certified small businesses and that purchases up to $10,000 be set aside for award to microbusinesses. The bill also establishes the Women-owned and Minority-owned Business Procurement Enhancement Program with a statewide goal of 23.1 percent of certified women-owned and minority-owned business utilization in all discretionary spending by state agencies and covered institutions in procurement orders, prime contracts, and subcontracts. The bill creates the Division of Procurement Enhancement within the Department of Small Business and Supplier Diversity for purposes of collaborating with the Department of General Services, the Virginia Information Technologies Agency, the Department of Transportation, and covered institutions to further the Commonwealth's efforts to meet the goals established under the Small Business Procurement Enhancement Program and the Women-owned and Minority-owned Business Procurement Enhancement Program, as well as implementing initiatives to enhance the development of small businesses, microbusinesses, women-owned businesses, and minority-owned businesses in the Commonwealth. Finally, the bill amends the Virginia Public Procurement Act to permit public bodies to establish purchase procedures, if adopted in writing, not requiring competitive sealed bids or competitive negotiation for single or term contracts for the purchase or lease of goods, or for the purchase of services, insurance, or construction, if the aggregate or the sum of all phases is not expected to exceed $200,000. Under current law, such purchase procedures may only be established for (i) goods and services other than professional services and non-transportation-related construction, if the aggregate or the sum of all phases is not expected to exceed $200,000; (ii) transportation-related construction, if the aggregate or sum of all phases is not expected to exceed $25,000; and (iii) professional services, provided that the aggregate or the sum of all phases is not expected to exceed $80,000. The bill has a delayed effective date of July 1, 2023, for certain university hospitals and medical centers. The provisions of the bill creating the Women-owned and Minority-owned Business Procurement Enhancement Program sunset on July 1, 2028.
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Summary:
Virginia Public Procurement Act; construction contracts; subcontractor workforce requirements.
Requires all public bodies in a locality with a population in excess of 25,000 and covered institutions, defined in the bill, to include in every construction contract of more than $500,000 certain provisions related to the outsourcing of subcontracted work, which a contractor shall agree to during the performance of such contract. Such provisions mandate that a contractor shall only utilize subcontractors that certify in writing to the contractor that they will outsource no more than 10 percent of the cost of the work subcontracted for, excluding the provision of materials, with specified exceptions.
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Summary:
Virginia Public Procurement Act; local arbitration agreements.
Allows a participating locality, for any procurement solicitation or contract exceeding $10,000 for goods and services,to require the bidder or offeror to disclose certain informationregarding pre-dispute arbitration clauses, defined in the bill, in employment, civil rights, and consumer disputes, and provides thata locality may consider the policies and practices related to arbitrationof each bidder and offeror. The bill also provides that a participatinglocality shall require the bidder or offeror to provide written orelectronic submissions to allow the locality to ascertain (i) whetherthe bidder or offeror requires persons with whom it is in a work relationshipor prospective work relationship to sign or otherwise enter intoa contract containing a pre-dispute arbitration clause that wouldcover an employment or civil rights dispute and (ii) whether thebidder or offeror requires consumers to sign or otherwise enter intoa contract containing a pre-dispute arbitration clause that wouldcover a consumer or civil rights dispute as a condition of purchasingproducts or services, downloading mobile applications, or using websites.The bill authorizes a participating locality to cancel, terminate,or suspend, in whole or in part, the contract of any contractor thathas violated a provision of the bill and to declare the contractorineligible for further contracts with such locality for up to fiveyears.
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