Virginia House Bill 5002 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 24-0)
Status: Engrossed on February 23 2021 - 50% progression, died in chamber
Action: 2021-03-01 - Failed to pass
Text: Latest bill text (Engrossed) [HTML]

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. 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.

Small Business & Women-owned & Minority-owned Business Procurement Enhancement Programs; establish.

Del. Jeion Ward [D]	Del. Alfonso Lopez [D]	Del. Delores McQuinn [D]	Del. Marcia Price [D]
Del. Dawn Adams [D]	Del. Hala Ayala [D]	Sen. Lamont Bagby [D]	Del. Jeffrey Bourne [D]
Del. David Bulova [D]	Del. Betsy Carr [D]	Del. Joshua Cole [D]	Del. Kelly Convirs-Fowler [D]
Del. Patrick Hope [D]	Del. Chris Hurst [D]	Del. Mark Keam [D]	Del. Kaye Kory [D]
Del. Mark Levine [D]	Del. Candi Mundon King [D]	Del. Kathleen Murphy [D]	Del. David Reid [D]
Del. Shelly Simonds [D]	Sen. Suhas Subramanyam [D]	Del. Vivian Watts [D]	Del. Rodney Willett [D]

2021-02-27 - Senate - Senate: Constitutional reading dispensed (24-Y 15-N) (Y: 24 N: 15 NV: 0 Abs: 0) [PASS]
2021-02-26 - Senate - Senate: Reported from General Laws and Technology with amendments (9-Y 6-N) (Y: 9 N: 6 NV: 0 Abs: 0) [PASS]
2021-02-24 - House - House: VOTE: Passage (51-Y 45-N) (Y: 51 N: 45 NV: 0 Abs: 4) [PASS]
2021-02-22 - House - House: Reported from Appropriations with amendment(s) (13-Y 8-N) (Y: 13 N: 8 NV: 0 Abs: 1) [PASS]
2021-02-19 - House - House: Subcommittee recommends reporting with amendments (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]
2021-02-16 - House - House: Reported from General Laws with substitute (12-Y 9-N) (Y: 12 N: 9 NV: 0 Abs: 1) [PASS]
2021-02-16 - House - House: Subcommittee recommends reporting with substitute (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2021-03-01	Senate	Failed to pass
2021-03-01	Senate	No further action taken
2021-02-27	Senate	Constitutional reading dispensed (24-Y 15-N)
2021-02-27	Senate	Passed by temporarily
2021-02-27	Senate	Read second time
2021-02-25	Senate	Reported from General Laws and Technology with amendments (9-Y 6-N)
2021-02-25	Senate	Referred to Committee on General Laws and Technology
2021-02-25	Senate	Constitutional reading dispensed
2021-02-24	House	VOTE: Passage (51-Y 45-N)
2021-02-24	House	Read third time and passed House (51-Y 45-N)
2021-02-23	House	Printed as engrossed 21200154D-EH1
2021-02-23	House	Engrossed by House - committee substitute with amendment HB5002EH1
2021-02-23	House	Committee on Appropriations amendment agreed to
2021-02-23	House	Committee on General Laws substitute agreed to 21200154D-H1
2021-02-23	House	Read second time
2021-02-22	House	Read first time
2021-02-22	House	Reported from Appropriations with amendment(s) (13-Y 8-N)
2021-02-19	House	Subcommittee recommends reporting with amendments (5-Y 3-N)
2021-02-17	House	Assigned App. sub: Commerce Agriculture & Natural Resources
2021-02-16	House	Referred to Committee on Appropriations
2021-02-16	House	Committee substitute printed 21200154D-H1
2021-02-16	House	Reported from General Laws with substitute (12-Y 9-N)
2021-02-16	House	Subcommittee recommends referring to Committee on Appropriations
2021-02-16	House	Subcommittee recommends reporting with substitute (5-Y 3-N)
2021-02-15	House	Assigned GL sub: Open Government/Procurement
2021-02-11	House	Referred to Committee on General Laws
2021-02-11	House	Presented and ordered printed 21200017D
2021-02-11	House	Introduced at the request of Governor

Chapter	Article	Section	Citation Type	Statute Text
2	2	1604	(n/a)	See Bill Text
2	2	1605	(n/a)	See Bill Text
2	2	1618	(n/a)	See Bill Text
2	2	1622	(n/a)	See Bill Text
2	2	4303	(n/a)	See Bill Text
2	2	4310	(n/a)	See Bill Text
2	2	4310.3	(n/a)	See Bill Text
23	1	1017	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?212+sum+HB5002
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB5002+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB5002H1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB5002EH1+hil
Amendment	https://committees.lis.virginia.gov/pdfs/drafts/21200154D.pdf
Amendment	https://committees.lis.virginia.gov/pdfs/21200154.pdf
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+HB5002AH
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+HB5002AS
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB5002F122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB5002FH1122+PDF
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H1104V0001+HB5002
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H11V0014+HB5002
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H0201V0002+HB5002
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H02V0043+HB5002
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV1930+HB5002
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S12V0069+HB5002
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0567HB5002+HB5002