Bill Text: VA HB1361 | 2024 | Regular Session | Comm Sub
Bill Title: Va. Public Procurement Act; preference for goods produced in Virginia, U.S., & Va. resident bidders.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Passed) 2024-04-08 - Governor: Acts of Assembly Chapter text (CHAP0749) [HB1361 Detail]
Download: Virginia-2024-HB1361-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §2.2-4324 of the Code of Virginia is amended and reenacted as follows:
§2.2-4324. Preference for Virginia products with recycled content and for Virginia residents.
A. In the case of a tie bid, preference shall first be
given to goods produced in Virginia, goods or services or construction
provided by Virginia persons, firms or corporations; otherwise the tie
shall be decided by lot. Preference shall then be given to goods produced in
the United States.
B. If the lowest responsive and responsible bidder in a procurement of goods is not a Virginia resident, the next lowest responsive and responsible bidder who is a resident of Virginia shall be granted the option to match the price of the lowest responsive and responsible bidder who is not a Virginia resident.
C. Whenever the lowest responsive and responsible bidder
is a resident of any other state and such state under its laws allows a
resident contractor of that state a percentage preference, a like preference
shall be allowed granted to the lowest responsive and responsible
bidder who is a resident of Virginia and is the next lowest bidder. If the
lowest responsive and responsible bidder is a resident of any other state and
such state under its laws allows a resident contractor of that state a
price-matching preference, a like preference shall be allowed to responsive and
responsible bidders who are residents of Virginia. If the lowest bidder is
a resident contractor of a state with an absolute preference, the bid shall not
be considered. The Department of General Services shall post and maintain an
updated list on its website of all states with an absolute preference for their
resident contractors and those states that allow their resident contractors a
percentage preference, including the respective percentage amounts. For
purposes of compliance with this section, all public bodies may rely upon the
accuracy of the information posted on this website.
C. D. Notwithstanding the provisions of
subsections A and, B, and C, in the case of a tie bid in
instances where goods are being offered, and existing price preferences have
already been taken into account, preference shall be given to the bidder whose
goods contain the greatest amount of recycled content.
D. E. For the purposes of this section, a
Virginia person, firm or corporation shall be deemed to be a resident of
Virginia if such person, firm or corporation has been organized pursuant
to Virginia law or maintains a principal place of business within Virginia.
F. To the extent that this section conflicts with federal law or regulations and application of this section to a project or procurement would render a public body ineligible to receive federal funds for such project or procurement, such project or procurement shall be exempt from the provisions of this section.
2. That the provisions of this act shall not become effective unless reenacted by the 2025 Session of the General Assembly.
