Small SWaM Business Procurement Enhancement Program; established, definitions, report. (HB1404)

Introduced By

Del. Jeion Ward (D-Hampton) with support from co-patron Del. Luke Torian (D-Woodbridge)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Department of Small Business and Supplier Diversity; Small SWaM Business Procurement Enhancement Program established; disparity study report. Establishes the Small SWaM Business Procurement Enhancement Program with a statewide goal of 42 percent of certified small SWaM business utilization in all discretionary spending by executive branch agencies and covered institutions in procurement orders, prime contracts, and subcontracts, as well as a target goal of 50 percent subcontracting to small SWaM businesses in instances where the prime contractor is not a small SWaM business for all new capital outlay construction solicitations that are issued. The bill provides that executive branch agencies and covered institutions are required to increase their small SWaM business utilization rate by three percent per year until reaching the 42-percent target level or, if unable to do so, to implement achievable goals to increase their utilization rate. In addition, the bill provides for a small SWaM business set-aside for executive branch 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 SWaM businesses. 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 SWaM Business Procurement Enhancement Program, as well as implementing initiatives to enhance the development of small businesses, microbusinesses, women-owned businesses, minority-owned businesses, and service disabled veteran-owned businesses in the Commonwealth. Finally, the bill requires the Department of Small Business and Supplier Diversity to conduct a disparity study every five years, with the next disparity study due no later than January 1, 2026. The bill specifies that the study shall evaluate the need for enhancement and remedial measures to address the disparity between the availability and the utilization of women-owned and minority-owned businesses. The provisions of the bill other than those requiring a disparity study have a delayed effective date of January 1, 2025, and apply to covered institutions beginning July 1, 2025. This bill incorporates HB 716. Read the Bill »


Bill Has Passed


01/17/2024Presented and ordered printed 24105093D
01/17/2024Referred to Committee on Rules
01/26/2024Assigned App. sub: General Government and Capital Outlay
01/26/2024Reported from Rules with substitute (14-Y 3-N) (see vote tally)
01/26/2024Committee substitute printed 24106396D-H1
01/26/2024Incorporates HB716 (Torian)
01/26/2024Referred to Committee on Appropriations
01/27/2024Assigned App. sub: Commerce Agriculture & Natural Resources
02/01/2024Impact statement from DPB (HB1404H1)
02/07/2024House subcommittee amendments and substitutes offered
02/07/2024Subcommittee recommends reporting with substitute (6-Y 2-N)
02/07/2024Reported from Appropriations with substitute (15-Y 7-N) (see vote tally)
02/07/2024Committee substitute printed 24107050D-H2
02/09/2024Read first time
02/12/2024Read second time
02/12/2024Committee on Rules substitute rejected 24106396D-H1
02/12/2024Committee on Appropriations substitute agreed to 24107050D-H2
02/12/2024Engrossed by House - committee substitute HB1404H2
02/13/2024Read third time and passed House (73-Y 26-N)
02/13/2024VOTE: Passage (73-Y 26-N) (see vote tally)
02/14/2024Constitutional reading dispensed
02/14/2024Referred to Committee on Rules
02/15/2024Impact statement from DPB (HB1404H2)
03/01/2024Reported from Rules (9-Y 4-N) (see vote tally)
03/04/2024Constitutional reading dispensed (40-Y 0-N)
03/05/2024Read third time
03/05/2024Passed Senate (20-Y 19-N)
03/25/2024Bill text as passed House and Senate (HB1404ER)
03/25/2024Signed by President
03/26/2024Signed by Speaker
03/27/2024Enrolled Bill communicated to Governor on March 27, 2024
03/27/2024G Governor's Action Deadline 11:59 p.m., April 8, 2024
04/03/2024Impact statement from DPB (HB1404ER)
04/08/2024Governor's recommendation received by House
04/17/2024Passed by temporarily
04/17/2024House concurred in Governor's recommendation (64-Y 34-N 1-A)
04/17/2024VOTE: Adoption (64-Y 34-N 1-A)
04/17/2024Senate concurred in Governor's recommendation (40-Y 0-N)
04/17/2024G Governor's recommendation adopted
04/17/2024Reenrolled bill text (HB1404ER2)
04/17/2024Signed by Speaker as reenrolled
04/17/2024Signed by President as reenrolled
04/17/2024Enacted, Chapter 834 (effective - see bill)

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