§ 2.2-4310. Discrimination prohibited; participation of small, women-,minority- and service disabled veteran-owned business.
A. In the solicitation or awarding of contracts, no public body shalldiscriminate against a bidder or offeror because of race, religion, color,sex, national origin, age, disability, status as a service disabled veteran,or any other basis prohibited by state law relating to discrimination inemployment. Whenever solicitations are made, each public body shall includebusinesses selected from a list made available by the Department of MinorityBusiness Enterprise.
B. All public bodies shall establish programs consistent with this chapter tofacilitate the participation of small businesses and businesses owned bywomen, minorities, and service disabled veterans in procurement transactions.The programs established shall be in writing and shall comply with theprovisions of any enhancement or remedial measures authorized by the Governorpursuant to subsection C or, where applicable, by the chief executive of alocal governing body pursuant to § 15.2-965.1, and shall include specificplans to achieve any goals established therein. State agencies shall submitannual progress reports on small, women- and minority-owned businessprocurement and on service disabled veteran-owned business procurement to theDepartment of Minority Business Enterprise in a form specified by theDepartment of Minority Business Enterprise. The Department of MinorityBusiness Enterprise shall make information on service disabled veteran-ownedprocurement available to the Department of Veterans Services upon request.
C. Whenever there exists (i) a rational basis for small business enhancementor (ii) a persuasive analysis that documents a statistically significantdisparity between the availability and utilization of women- andminority-owned businesses, the Governor is authorized and encouraged torequire state agencies to implement appropriate enhancement or remedialmeasures consistent with prevailing law.
D. In the solicitation or awarding of contracts, no state agency, departmentor institution shall discriminate against a bidder or offeror because thebidder or offeror employs ex-offenders unless the state agency, department orinstitution has made a written determination that employing ex-offenders onthe specific contract is not in its best interest.
E. As used in this section:
"Minority individual" means an individual who is a citizen of the UnitedStates or a legal resident alien and who satisfies one or more of thefollowing definitions:
1. "African American" means a person having origins in any of the originalpeoples of Africa and who is regarded as such by the community of which thisperson claims to be a part.
2. "Asian American" means a person having origins in any of the originalpeoples of the Far East, Southeast Asia, the Indian subcontinent, or thePacific Islands, including but not limited to Japan, China, Vietnam, Samoa,Laos, Cambodia, Taiwan, Northern Mariana, the Philippines, a U.S. territoryof the Pacific, India, Pakistan, Bangladesh, or Sri Lanka and who is regardedas such by the community of which this person claims to be a part.
3. "Hispanic American" means a person having origins in any of theSpanish-speaking peoples of Mexico, South or Central America, or theCaribbean Islands or other Spanish or Portuguese cultures and who is regardedas such by the community of which this person claims to be a part.
4. "Native American" means a person having origins in any of the originalpeoples of North America and who is regarded as such by the community ofwhich this person claims to be a part or who is recognized by a tribalorganization.
"Minority-owned business" means a business that is at least 51% owned byone or more minority individuals who are U.S. citizens or legal residentaliens, or in the case of a corporation, partnership, or limited liabilitycompany or other entity, at least 51% of the equity ownership interest in thecorporation, partnership, or limited liability company or other entity isowned by one or more minority individuals who are U.S. citizens or legalresident aliens, and both the management and daily business operations arecontrolled by one or more minority individuals.
"Service disabled veteran" means a veteran who (i) served on active duty inthe United States military ground, naval, or air service, (ii) was dischargedor released under conditions other than dishonorable, and (iii) has aservice-connected disability rating fixed by the United States Department ofVeterans Affairs.
"Service disabled veteran business" means a business that is at least 51%owned by one or more service disabled veterans or, in the case of acorporation, partnership, or limited liability company or other entity, atleast 51% of the equity ownership interest in the corporation, partnership,or limited liability company or other entity is owned by one or moreindividuals who are service disabled veterans and both the management anddaily business operations are controlled by one or more individuals who areservice disabled veterans.
"Small business" means a business, independently owned and controlled byone or more individuals who are U.S. citizens or legal resident aliens, andtogether with affiliates, has 250 or fewer employees, or annual grossreceipts of $10 million or less averaged over the previous three years. Oneor more of the individual owners shall control both the management and dailybusiness operations of the small business.
"State agency" means any authority, board, department, instrumentality,institution, agency, or other unit of state government. "State agency"shall not include any county, city, or town.
"Women-owned business" means a business that is at least 51% owned by oneor more women who are U.S. citizens or legal resident aliens, or in the caseof a corporation, partnership, or limited liability company or other entity,at least 51% of the equity ownership interest is owned by one or more womenwho are U.S. citizens or legal resident aliens, and both the management anddaily business operations are controlled by one or more women.
(1982, c. 647, §§ 11-44, 11-48; 1984, c. 279; 2000, c. 628; 2001, c. 844;2003, c. 226; 2004, cc. 865, 891; 2006, cc. 831, 921; 2007, c. 787; 2008, cc.521, 767; 2009, c. 869.)
§ 2.2-4310. Discrimination prohibited; participation of small, women-,minority- and service disabled veteran-owned business.
A. In the solicitation or awarding of contracts, no public body shalldiscriminate against a bidder or offeror because of race, religion, color,sex, national origin, age, disability, status as a service disabled veteran,or any other basis prohibited by state law relating to discrimination inemployment. Whenever solicitations are made, each public body shall includebusinesses selected from a list made available by the Department of MinorityBusiness Enterprise.
B. All public bodies shall establish programs consistent with this chapter tofacilitate the participation of small businesses and businesses owned bywomen, minorities, and service disabled veterans in procurement transactions.The programs established shall be in writing and shall comply with theprovisions of any enhancement or remedial measures authorized by the Governorpursuant to subsection C or, where applicable, by the chief executive of alocal governing body pursuant to § 15.2-965.1, and shall include specificplans to achieve any goals established therein. State agencies shall submitannual progress reports on small, women- and minority-owned businessprocurement and on service disabled veteran-owned business procurement to theDepartment of Minority Business Enterprise in a form specified by theDepartment of Minority Business Enterprise. The Department of MinorityBusiness Enterprise shall make information on service disabled veteran-ownedprocurement available to the Department of Veterans Services upon request.
C. Whenever there exists (i) a rational basis for small business enhancementor (ii) a persuasive analysis that documents a statistically significantdisparity between the availability and utilization of women- andminority-owned businesses, the Governor is authorized and encouraged torequire state agencies to implement appropriate enhancement or remedialmeasures consistent with prevailing law.
D. In the solicitation or awarding of contracts, no state agency, departmentor institution shall discriminate against a bidder or offeror because thebidder or offeror employs ex-offenders unless the state agency, department orinstitution has made a written determination that employing ex-offenders onthe specific contract is not in its best interest.
E. As used in this section:
"Minority individual" means an individual who is a citizen of the UnitedStates or a legal resident alien and who satisfies one or more of thefollowing definitions:
1. "African American" means a person having origins in any of the originalpeoples of Africa and who is regarded as such by the community of which thisperson claims to be a part.
2. "Asian American" means a person having origins in any of the originalpeoples of the Far East, Southeast Asia, the Indian subcontinent, or thePacific Islands, including but not limited to Japan, China, Vietnam, Samoa,Laos, Cambodia, Taiwan, Northern Mariana, the Philippines, a U.S. territoryof the Pacific, India, Pakistan, Bangladesh, or Sri Lanka and who is regardedas such by the community of which this person claims to be a part.
3. "Hispanic American" means a person having origins in any of theSpanish-speaking peoples of Mexico, South or Central America, or theCaribbean Islands or other Spanish or Portuguese cultures and who is regardedas such by the community of which this person claims to be a part.
4. "Native American" means a person having origins in any of the originalpeoples of North America and who is regarded as such by the community ofwhich this person claims to be a part or who is recognized by a tribalorganization.
"Minority-owned business" means a business that is at least 51% owned byone or more minority individuals who are U.S. citizens or legal residentaliens, or in the case of a corporation, partnership, or limited liabilitycompany or other entity, at least 51% of the equity ownership interest in thecorporation, partnership, or limited liability company or other entity isowned by one or more minority individuals who are U.S. citizens or legalresident aliens, and both the management and daily business operations arecontrolled by one or more minority individuals.
"Service disabled veteran" means a veteran who (i) served on active duty inthe United States military ground, naval, or air service, (ii) was dischargedor released under conditions other than dishonorable, and (iii) has aservice-connected disability rating fixed by the United States Department ofVeterans Affairs.
"Service disabled veteran business" means a business that is at least 51%owned by one or more service disabled veterans or, in the case of acorporation, partnership, or limited liability company or other entity, atleast 51% of the equity ownership interest in the corporation, partnership,or limited liability company or other entity is owned by one or moreindividuals who are service disabled veterans and both the management anddaily business operations are controlled by one or more individuals who areservice disabled veterans.
"Small business" means a business, independently owned and controlled byone or more individuals who are U.S. citizens or legal resident aliens, andtogether with affiliates, has 250 or fewer employees, or annual grossreceipts of $10 million or less averaged over the previous three years. Oneor more of the individual owners shall control both the management and dailybusiness operations of the small business.
"State agency" means any authority, board, department, instrumentality,institution, agency, or other unit of state government. "State agency"shall not include any county, city, or town.
"Women-owned business" means a business that is at least 51% owned by oneor more women who are U.S. citizens or legal resident aliens, or in the caseof a corporation, partnership, or limited liability company or other entity,at least 51% of the equity ownership interest is owned by one or more womenwho are U.S. citizens or legal resident aliens, and both the management anddaily business operations are controlled by one or more women.
(1982, c. 647, §§ 11-44, 11-48; 1984, c. 279; 2000, c. 628; 2001, c. 844;2003, c. 226; 2004, cc. 865, 891; 2006, cc. 831, 921; 2007, c. 787; 2008, cc.521, 767; 2009, c. 869.)
§ 2.2-4310. Discrimination prohibited; participation of small, women-,minority- and service disabled veteran-owned business.
A. In the solicitation or awarding of contracts, no public body shalldiscriminate against a bidder or offeror because of race, religion, color,sex, national origin, age, disability, status as a service disabled veteran,or any other basis prohibited by state law relating to discrimination inemployment. Whenever solicitations are made, each public body shall includebusinesses selected from a list made available by the Department of MinorityBusiness Enterprise.
B. All public bodies shall establish programs consistent with this chapter tofacilitate the participation of small businesses and businesses owned bywomen, minorities, and service disabled veterans in procurement transactions.The programs established shall be in writing and shall comply with theprovisions of any enhancement or remedial measures authorized by the Governorpursuant to subsection C or, where applicable, by the chief executive of alocal governing body pursuant to § 15.2-965.1, and shall include specificplans to achieve any goals established therein. State agencies shall submitannual progress reports on small, women- and minority-owned businessprocurement and on service disabled veteran-owned business procurement to theDepartment of Minority Business Enterprise in a form specified by theDepartment of Minority Business Enterprise. The Department of MinorityBusiness Enterprise shall make information on service disabled veteran-ownedprocurement available to the Department of Veterans Services upon request.
C. Whenever there exists (i) a rational basis for small business enhancementor (ii) a persuasive analysis that documents a statistically significantdisparity between the availability and utilization of women- andminority-owned businesses, the Governor is authorized and encouraged torequire state agencies to implement appropriate enhancement or remedialmeasures consistent with prevailing law.
D. In the solicitation or awarding of contracts, no state agency, departmentor institution shall discriminate against a bidder or offeror because thebidder or offeror employs ex-offenders unless the state agency, department orinstitution has made a written determination that employing ex-offenders onthe specific contract is not in its best interest.
E. As used in this section:
"Minority individual" means an individual who is a citizen of the UnitedStates or a legal resident alien and who satisfies one or more of thefollowing definitions:
1. "African American" means a person having origins in any of the originalpeoples of Africa and who is regarded as such by the community of which thisperson claims to be a part.
2. "Asian American" means a person having origins in any of the originalpeoples of the Far East, Southeast Asia, the Indian subcontinent, or thePacific Islands, including but not limited to Japan, China, Vietnam, Samoa,Laos, Cambodia, Taiwan, Northern Mariana, the Philippines, a U.S. territoryof the Pacific, India, Pakistan, Bangladesh, or Sri Lanka and who is regardedas such by the community of which this person claims to be a part.
3. "Hispanic American" means a person having origins in any of theSpanish-speaking peoples of Mexico, South or Central America, or theCaribbean Islands or other Spanish or Portuguese cultures and who is regardedas such by the community of which this person claims to be a part.
4. "Native American" means a person having origins in any of the originalpeoples of North America and who is regarded as such by the community ofwhich this person claims to be a part or who is recognized by a tribalorganization.
"Minority-owned business" means a business that is at least 51% owned byone or more minority individuals who are U.S. citizens or legal residentaliens, or in the case of a corporation, partnership, or limited liabilitycompany or other entity, at least 51% of the equity ownership interest in thecorporation, partnership, or limited liability company or other entity isowned by one or more minority individuals who are U.S. citizens or legalresident aliens, and both the management and daily business operations arecontrolled by one or more minority individuals.
"Service disabled veteran" means a veteran who (i) served on active duty inthe United States military ground, naval, or air service, (ii) was dischargedor released under conditions other than dishonorable, and (iii) has aservice-connected disability rating fixed by the United States Department ofVeterans Affairs.
"Service disabled veteran business" means a business that is at least 51%owned by one or more service disabled veterans or, in the case of acorporation, partnership, or limited liability company or other entity, atleast 51% of the equity ownership interest in the corporation, partnership,or limited liability company or other entity is owned by one or moreindividuals who are service disabled veterans and both the management anddaily business operations are controlled by one or more individuals who areservice disabled veterans.
"Small business" means a business, independently owned and controlled byone or more individuals who are U.S. citizens or legal resident aliens, andtogether with affiliates, has 250 or fewer employees, or annual grossreceipts of $10 million or less averaged over the previous three years. Oneor more of the individual owners shall control both the management and dailybusiness operations of the small business.
"State agency" means any authority, board, department, instrumentality,institution, agency, or other unit of state government. "State agency"shall not include any county, city, or town.
"Women-owned business" means a business that is at least 51% owned by oneor more women who are U.S. citizens or legal resident aliens, or in the caseof a corporation, partnership, or limited liability company or other entity,at least 51% of the equity ownership interest is owned by one or more womenwho are U.S. citizens or legal resident aliens, and both the management anddaily business operations are controlled by one or more women.
(1982, c. 647, §§ 11-44, 11-48; 1984, c. 279; 2000, c. 628; 2001, c. 844;2003, c. 226; 2004, cc. 865, 891; 2006, cc. 831, 921; 2007, c. 787; 2008, cc.521, 767; 2009, c. 869.)
