HB786: Virginia Public Procurement Act; authorized enhancement or remedial measures.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend the Code of Virginia by adding a section numbered 2.2-4310.1, relating to the Virginia Public Procurement Act; awards as a result of authorized enhancement or remedial measures.
[H 786]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 2.2-4310.1 as follows:

§ 2.2-4310.1. Awards as a result of any authorized enhancement or remedial measure; requirements.

A. Any enhancement or remedial measure authorized by the Governor pursuant to subsection C of § 2.2-4310 for state public bodies shall include a provision that the procurement shall be conducted in accordance with such enhancement or remedial measure for businesses certified by the Department of Small Business and Supplier Diversity. If such enhancement or remedial measure provides for an award priority for such businesses, then the contract shall be awarded in accordance with such priority if such priority business participated in the solicitation and requirements are met. If an award is not made based on the foregoing, then the contract shall be awarded in accordance with the next award priority and so on until a contract is awarded based on the established award priority.

B. If an award is not made pursuant to subsection A, the procurement award may be made without regard to such enhancement or remedial measure.


HOUSE BILL NO. 786
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on General Laws and Technology
on February 29, 2016)
(Patron Prior to Substitute--Delegate Adams)
A BILL to amend the Code of Virginia by adding a section numbered 2.2-4310.1, relating to the Virginia Public Procurement Act; awards as a result of authorized enhancement or remedial measures.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 2.2-4310.1 as follows:

§ 2.2-4310.1. Awards as a result of any authorized enhancement or remedial measure; requirements.

A. Any enhancement or remedial measure authorized by the Governor pursuant to subsection C of § 2.2-4310 for state public bodies shall include a provision that the procurement shall be conducted in accordance with such enhancement or remedial measure for businesses certified by the Department of Small Business and Supplier Diversity. If such enhancement or remedial measure provides for an award priority for such businesses, then the contract shall be awarded in accordance with such priority if such priority business participated in the solicitation and requirements are met. If an award is not made based on the foregoing, then the contract shall be awarded in accordance with the next award priority and so on until a contract is awarded based on the established award priority.

B. If an award is not made pursuant to subsection A, the procurement award may be made without regard to such enhancement or remedial measure.


HOUSE BILL NO. 786
FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by Delegate Adams
on February 12, 2016)
(Patron Prior to Substitute--Delegate Adams)
A BILL to amend the Code of Virginia by adding a section numbered 2.2-4310.1, relating to the Virginia Public Procurement Act; set-aside awards.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 2.2-4310.1 as follows:

§ 2.2-4310.1. Set-aside contracts for small businesses and businesses owned by women, minorities, and service disabled veterans.

Any program established pursuant to subsection B of § 2.2-4310 or any enhancement or remedial measures authorized by the Governor pursuant to subsection C of § 2.2-4310 shall include a provision that in the event that a business fails to be awarded a contract under such program, such contract remains subject to the set-aside award priority for qualified small businesses and businesses owned by women, minorities, and service disabled veterans and certified by the Department of Small Business and Supplier Diversity.

HOUSE BILL NO. 786

Offered January 13, 2016
Prefiled January 12, 2016
A BILL to amend the Code of Virginia by adding a section numbered 2.2-4310.1, relating to the Virginia Public Procurement Act; set-aside awards.
Patron-- Adams

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 2.2-4310.1 as follows:

§ 2.2-4310.1. Set-asides for micro-business; availability to small businesses and businesses owned by women, minorities, and service disabled veterans.

Any program established pursuant to subsection B of § 2.2-4310 or any enhancement or remedial measures authorized by the Governor pursuant to subsection C of § 2.2-4310 that includes the participation of micro-businesses in public procurement shall include a provision that in the event a micro-business fails to be awarded a contract, such contract remains subject to the set-aside award priority for qualified small businesses and businesses owned by women, minorities, and service disabled veterans and certified by the Department of Small Business and Supplier Diversity.