2024 PUBLIC BODY PROCUREMENT WORKGROUP

The 2024 General Assembly session charged the Public Body Procurement Workgroup with reviewing and reporting on the bills described below.  If you wish to provide the workgroup members with information or literature related to the 2024 study topics, please email pwg@dgs.virginia.gov .

• HB 1355 (2024), patroned by Delegate Tran, which would expand the Information Technology Access Act (ITAA) to include information and communication and information technology access for individuals with disabilities at the state and local level, including K-12 school divisions. The bill sought to bring the ITAA into compliance with the overlapping protections for Virginians with disabilities from federal and state laws and regulations. The Workgroup is directed to study how to modernize the ITAA and to address information technology using the bill as a starting point.
• HB 1524 (2024), patroned by Delegate Lopez, which sought to provide tax credits for mobile asphalt recycling machinery and equipment. The Workgroup is directed to study: (i) avenues to provide funding via tax credits or incentives to expedite the acquisition of asphalt recycling machinery and equipment used on project sites by contractors, (ii) increasing the percentage of RAP (Recycled Asphalt Pavement) in asphalt mixes allowed at fixed production facilities above current specification limits while not compromising quality, (iii) cost savings to the Commonwealth where in-place asphalt pavement recycling and where asphalt mixes with higher than the current specified levels of RAP percentages are allowed, (iv) the environmental impacts of increased RAP percentages compared to existing RAP percentages on asphalt mixes purchased for VDOT contracts, (v) the durability, safety, and longevity of pavement surfaces built with higher percentages of RAP in Virginia and in the United States, and (vi) use of repurposed waste materials, such as tires, in asphalt mixes on VDOT projects.
• SB 492 (2024), patroned by Senator Stanley, which would prohibit public bodies from awarding contracts to acquire an electric vehicle or electric vehicle component from a business unless such business provides a sworn declaration from the manufacturer of such electric vehicle or electric vehicle component certifying that every person involved in the production of such electric vehicle or electric vehicle component and every person involved in the sourcing, manufacturing, or mining of the material used in such electric vehicle or electric vehicle component did not use forced labor or oppressive child labor in the sourcing, manufacturing, or mining of such electric vehicle or electric vehicle component. The Workgroup is directed to study the bill and consider the use of forced labor and oppressive child labor as defined in the legislation generally, rather than focused on electric vehicles.
• HB 1404 (Chapter 834 of the 2024 Acts of Assembly) was patroned by Delegate Ward and creates a procurement enhancement program within the Department of Small Business and Supplier Diversity (DSBSD) which implements the goals of the Small SWaM Business Procurement Enhancement Program. The program includes a Commonwealth goal of 42% utilization rate of small SWaM businesses, which includes a five percent utilization of microbusinesses. Additionally, there is a target goal of 50% subcontracting to small SWaM businesses in instances where the prime contractor is not a small SWaM business. The language requires DSBSD to conduct a disparity study every five years with the first study being completed by January 1, 2025 per the fourth enactment clause. The third enactment clause of the bill directs the Workgroup to review the issues presented in the bill and assess the provisions of the act and determine which steps are needed to best position Virginia for success with an enhanced small SWaM business program.

Meeting History

The Public Body Procurement Workgroup meetings can be viewed on the House of Delegates Video Streaming Page.

Meeting #1: July 17, 2024 at 1:00 pm -- Agenda -- Meeting Materials -- Meeting Minutes

Meeting #2: August 6, 2024 at 10:00 am - Agenda -- Meeting Materials -- VITA Presentation -- SB492 Materials from Senator Stanley -- Meeting Minutes

Meeting #3: August 21, 2024 at 1:00 pm -- Agenda -- Meeting Materials for HB 1404  -- Meeting Materials for HB 1355 (Please note that for HB 1404, the PWG members received a copy of the 2020 Disparity Study, if you would like a copy, please email pwg@dgs.virginia.gov) - Additional Materials for HB 1404- Updated VMA Materials SB 492-- Meeting Minutes

Meeting #4: September 4, 2024 at 10:00 am - Agenda - Meeting Materials - HB 1524 Stakeholder Comments --Meeting Minutes

Meeting #5: September 17, 2024 at 1:00 pm (This is a change)- Agenda - Meeting Materials - HB1524 Stakeholder Comments - Meeting Minutes

Meeting #6: October 8, 2024 at 1:00 pm (This is a change)- Agenda - Meeting Materials - VCU Virginia SWAM & DBE Certification Programs Study 2018 - Meeting Minutes

Meeting #7: October 22, 2024 at 1:00 pm - Agenda- Meeting Materials - Meeting Minutes

Meeting #8: November 6, 2024 at 1:00 pm - Agenda- Meeting Materials - Final Recommendations for HB 1404 - DRAFT Meeting Minutes