2024 Regular SessionVirginia Legislature

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

Legislative Summary

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. 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.

Bill History

1/17/2024
Presented and ordered printed 24105093D
House of Delegates
1/17/2024
Referred to Committee on Rules
House of Delegates
1/26/2024
Reported from Rules with substitute (14-Y 3-N)
House of Delegates
1/26/2024
Committee substitute printed 24106396D-H1
House of Delegates
1/26/2024
Incorporates HB716 (Torian)
House of Delegates
1/26/2024
Referred to Committee on Appropriations
House of Delegates
1/27/2024
Assigned App. sub: Commerce Agriculture & Natural Resources
House of Delegates
2/7/2024
Subcommittee recommends reporting with substitute (6-Y 2-N)
House of Delegates
2/7/2024
Reported from Appropriations with substitute (15-Y 7-N)
House of Delegates
2/7/2024
Committee substitute printed 24107050D-H2
House of Delegates
2/9/2024
Read first time
House of Delegates
2/12/2024
Read second time
House of Delegates
2/12/2024
Committee on Rules substitute rejected 24106396D-H1
House of Delegates
2/12/2024
Committee on Appropriations substitute agreed to 24107050D-H2
House of Delegates
2/12/2024
Engrossed by House - committee substitute HB1404H2
House of Delegates
2/13/2024
Read third time and passed House (73-Y 26-N)
House of Delegates
2/13/2024
VOTE: Passage (73-Y 26-N)
House of Delegates
2/14/2024
Constitutional reading dispensed
Senate
2/14/2024
Referred to Committee on Rules
Senate
3/1/2024
Reported from Rules (9-Y 4-N)
Senate
3/4/2024
Constitutional reading dispensed (40-Y 0-N)
Senate
3/5/2024
Read third time
Senate
3/5/2024
Passed Senate (20-Y 19-N)
Senate
3/25/2024
Enrolled
House of Delegates
3/25/2024
Bill text as passed House and Senate (HB1404ER)
House of Delegates
3/25/2024
Signed by President
Senate
3/26/2024
Signed by Speaker
House of Delegates
3/27/2024
Enrolled Bill communicated to Governor on March 27, 2024
House of Delegates
3/27/2024
Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
4/8/2024
Governor's recommendation received by House
House of Delegates
4/17/2024
Passed by temporarily
House of Delegates
4/17/2024
House concurred in Governor's recommendation (64-Y 34-N 1-A)
House of Delegates
4/17/2024
VOTE: Adoption (64-Y 34-N 1-A)
House of Delegates
4/17/2024
Senate concurred in Governor's recommendation (40-Y 0-N)
Senate
4/17/2024
Governor: Governor's recommendation adopted
4/17/2024
Reenrolled
House of Delegates
4/17/2024
Reenrolled bill text (HB1404ER2)
House of Delegates
4/17/2024
Signed by Speaker as reenrolled
House of Delegates
4/17/2024
Signed by President as reenrolled
Senate
4/17/2024
Enacted, Chapter 834 (effective - see bill)
House of Delegates
4/17/2024
Governor: Acts of Assembly Chapter text (CHAP0834)

Amendments

Governor's recommendation

Governor's recommendation

4/9/2024Not Adopted

Substitute for HB1404 Appropriations, Commerce Agriculture & Natural Resources

Substitute for HB1404 Appropriations, Commerce Agriculture & Natural Resources

2/7/2024Adopted

Roll Call Votes

Senate: Senate concurred in Governor's recommendation (40-Y 0-N)
4/17/2024
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: Adoption (64-Y 34-N 1-A)
4/17/2024
64
Yea
34
Nay
1
Not Voting
1
Absent
Result: PASSED
Senate: Passed Senate (20-Y 19-N)
3/5/2024
20
Yea
19
Nay
0
Not Voting
1
Absent
Result: PASSED
Senate: Constitutional reading dispensed (40-Y 0-N)
3/4/2024
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Rules (9-Y 4-N)
3/1/2024
9
Yea
4
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: Passage (73-Y 26-N)
2/13/2024
73
Yea
26
Nay
0
Not Voting
1
Absent
Result: PASSED
House: Reported from Appropriations with substitute (15-Y 7-N)
2/7/2024
15
Yea
7
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Subcommittee recommends reporting with substitute (6-Y 2-N)
2/7/2024
6
Yea
2
Nay
0
Not Voting
1
Absent
Result: PASSED
House: Reported from Rules with substitute (14-Y 3-N)
1/26/2024
14
Yea
3
Nay
0
Not Voting
1
Absent
Result: PASSED

Status Information

Current Status
Passed(4/17/2024)
Chamber
House of Delegates
Sine DiePrior Session

Sponsors

Democrat: 2

Primary Sponsor

Jeion Ward
Jeion Ward
Democrat

Co-Sponsors (1)

Documents

Enrolled
Bill Text4/17/202447.7 KB
Chaptered
Bill Text4/17/202447.7 KB
Enrolled
Bill Text3/25/202446.8 KB
Comm Sub
Bill Text2/7/202447.0 KB
Comm Sub
Bill Text1/26/202454.2 KB
Introduced
Bill Text1/17/202451.0 KB
Fiscal Note/Analysis
Fiscal Note/Analysis4/3/202485.8 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/15/202485.6 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/1/202486.3 KB