A BILL to amend and reenact §§ 2.2-1604, 2.2-4303, 2.2-4310, 9.1-108, and 9.1-112 of the Code of Virginia, relating to Department of Small Business and Supplier Diversity; Virginia Public Procurement Act; definition of "small business"; direct procurement; set-asides.
Department of Small Business and Supplier Diversity; Virginia Public Procurement Act; definition of "small business"; direct procurement; set-asides. Amends the definition of "small business," for purposes of provisions related to the Department of Small Business and Supplier Diversity and the Virginia Public Procurement Act, to mean a business that is at least 51 percent independently owned and controlled by one or more individuals, or in the case of a cooperative association, is at least 51 percent independently controlled by one or more members, who are U.S. citizens or legal resident aliens and, together with affiliates, has 50 or fewer employees or average annual gross receipts of $5 million or less averaged over the previous three years and for which the individual owners do not have a combined net worth exceeding $1.5 million. Current law defines a small business as such, but with 250 or fewer employees and average annual gross receipts of $10 million or less averaged over the previous three years, with no limit on the combined net worth of individual owners. The bill allows any public body to directly solicit or award a contract of less than $200,000 to a small, women-owned, or minority-owned business, or to a business identified by a public body as a service disabled veteran-owned or military family-owned business, without engaging in the competitive sealed bidding or competitive negotiation process. The bill also provides that purchases made by a public body for goods, services, and construction up to $100,000 that are not directly awarded shall be set aside for award to small businesses.