{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4310.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4310.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4310.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4310.html"}],"law_id":59798,"edition_id":1,"section_id":59798,"structure_id":12805,"section_number":"2.2-4310","catch_line":"Discrimination prohibited; participation of small, women-owned, minority-owned, military family-owned, and service disabled veteran-owned businesses and employment services organizations","history":"1982, c. 647, \u00a7\u00a7 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; 2013, c. 482; 2015, cc. 733, 765, 775; 2016, c. 525; 2017, cc. 397, 407, 578; 2018, c. 540; 2020, c. 1137; 2022, cc. 150, 301; 2025, c. 422.","full_text":"A\n\nIn the solicitation or awarding of contracts, no public body shall discriminate against a bidder or offeror because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran, status as a military family, or any other basis prohibited by state law relating to discrimination in employment. Whenever solicitations are made, each public body shall include businesses selected from a list made available by the Department of Small Business and Supplier Diversity, which list shall include all companies and organizations certified by the Department.B\n\nAll public bodies shall establish programs consistent with this chapter to facilitate the participation of small businesses, businesses owned by women, minorities, and service disabled veterans, military family-owned businesses, and employment services organizations in procurement transactions. The programs established shall be in writing and shall comply with the provisions of any enhancement or remedial measures authorized by the Governor pursuant to subsection C or, where applicable, by the chief executive of a local governing body pursuant to § 15.2-965.1, and shall include specific plans to achieve any goals established therein. State agencies shall submit annual progress reports on (i) small, women-owned, and minority-owned business procurement; (ii) service disabled veteran-owned business procurement; (iii) military family-owned business procurement; and (iv) employment services organization procurement to the Department of Small Business and Supplier Diversity in a form specified by the Department of Small Business and Supplier Diversity. All state agencies shall cooperate with the Department of Small Business and Supplier Diversity’s annual review of their programs pursuant to § 2.2-1605 and shall update such programs to incorporate any feedback and suggestions for improvement. Contracts and subcontracts awarded to employment services organizations and service disabled veteran-owned or military family-owned businesses shall be credited toward the small business, women-owned business, and minority-owned business contracting and subcontracting goals of state agencies and contractors. The Department of Small Business and Supplier Diversity shall make information on service disabled veteran-owned or military family-owned procurement available to the Department of Veterans Services upon request.C\n\nWhenever there exists (i) a rational basis for small business or employment services organization enhancement or (ii) a persuasive analysis that documents a statistically significant disparity between the availability and utilization of women-owned and minority-owned businesses, the Governor is authorized and encouraged to require state agencies to implement appropriate enhancement or remedial measures consistent with prevailing law. Any enhancement or remedial measure authorized by the Governor pursuant to this subsection for state public bodies may allow for small businesses certified by the Department of Small Business and Supplier Diversity or a subcategory of small businesses established as a part of the enhancement program to have a price preference over noncertified businesses competing for the same contract award on designated procurements, provided that the bid of the certified small business or the business in such subcategory of small businesses established as a part of an enhancement program does not exceed the low bid by more than five percent.D\n\nIn awarding a contract for services to a small, women-owned, or minority-owned business that is certified in accordance with § 2.2-1606, or to a business identified by a public body as a service disabled veteran-owned or military family-owned business where the award is being made pursuant to an enhancement or remedial program as provided in subsection C, the public body shall include in every such contract of more than $10,000 the following:\n\t\t\t“If the contractor intends to subcontract work as part of its performance under this contract, the contractor shall include in the proposal a plan to subcontract to small, women-owned, minority-owned, and service disabled veteran-owned and military family-owned businesses.”E\n\nIn the solicitation or awarding of contracts, no state agency, department, or institution shall discriminate against a bidder or offeror because the bidder or offeror employs ex-offenders unless the state agency, department, or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest.F\n\nAs used in this section:\n\t\t\t“Employment services organization” means an organization that provides community-based employment services to individuals with disabilities that is an approved Commission on Accreditation of Rehabilitation Facilities (CARF) accredited vendor of the Department for Aging and Rehabilitative Services.\n\t\t\t“Military family” means (i) a member of the uniformed forces, as defined in 10 U.S.C. \u00a7 101(a)(5), of the United States or a reserve component thereof named under 10 U.S.C. \u00a7 10101, (ii) a veteran as defined in 38 U.S.C. \u00a7 101(2), or (iii) a dependent as defined in 50 U.S.C. \u00a7 3911(4) except that the support provided by the service member to the individual shall have been provided 180 days immediately preceding an alleged action that if proven true would constitute unlawful discrimination under this section instead of 180 days immediately preceding an application for relief under 50 U.S.C. Chapter 50.\n\t\t\t“Military family-owned business” means a business that is at least 51 percent owned by one or more persons within the definition of “military family” or, in the case of a corporation, partnership, or limited liability company or other entity, in which at least 51 percent of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are persons within the definition of “military family” and both the management and daily business operations are controlled by one or more individuals who are persons within the definition of “military family”.\n\t\t\t“Minority individual” means an individual who is a citizen of the United States or a legal resident alien and who satisfies one or more of the following definitions:1\n\n“African American” means a person having origins in any of the original peoples of Africa and who is regarded as such by the community of which this person claims to be a part.2\n\n“Asian American” means a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands, including but not limited to Japan, China, Vietnam, Samoa, Laos, Cambodia, Taiwan, Northern Mariana Islands, the Philippines, a U.S. territory of the Pacific, India, Pakistan, Bangladesh, or Sri Lanka and who is regarded as such by the community of which this person claims to be a part.3\n\n“Hispanic American” means a person having origins in any of the Spanish-speaking peoples of Mexico, South or Central America, or the Caribbean Islands or other Spanish or Portuguese cultures and who is regarded as such by the community of which this person claims to be a part.4\n\n“Native American” means a person having origins in any of the original peoples of North America and who is regarded as such by the community of which this person claims to be a part or who is recognized by a tribal organization.\n\t\t\t\t“Minority-owned business” means a business that is at least 51 percent owned by one or more minority individuals who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more minority individuals, or any historically black college or university as defined in § 2.2-1604, regardless of the percentage ownership by minority individuals or, in the case of a corporation, partnership, or limited liability company or other entity, the equity ownership interest in the corporation, partnership, or limited liability company or other entity.\n\t\t\t\t“Service disabled veteran” means a veteran who (i) served on active duty in the United States military ground, naval, or air service, (ii) was discharged or released under conditions other than dishonorable, and (iii) has a service-connected disability rating fixed by the United States Department of Veterans Affairs.\n\t\t\t\t“Service disabled veteran business” means a business that is at least 51 percent owned by one or more service disabled veterans or, in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are service disabled veterans and both the management and daily business operations are controlled by one or more individuals who are service disabled veterans.\n\t\t\t\t“Small business” means a business, independently owned and controlled by one or more individuals, or in the case of a cooperative association organized pursuant to Chapter 3 (§ 13.1-301 et seq.) of Title 13.1 as a nonstock corporation, controlled by one or more members, who are U.S. citizens or legal resident aliens, and together with affiliates, has 250 or fewer employees, or annual gross receipts of $10 million or less averaged over the previous three years. One or more of the individual owners or members shall control both the management and daily business operations of the small business.\n\t\t\t\t“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.\n\t\t\t\t“Women-owned business” means a business that is at least 51 percent owned by one or more women who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity ownership interest is owned by one or more women who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more women.","order_by":null,"text":{"0":{"id":218998,"text":"In the solicitation or awarding of contracts, no public body shall discriminate against a bidder or offeror because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran, status as a military family, or any other basis prohibited by state law relating to discrimination in employment. Whenever solicitations are made, each public body shall include businesses selected from a list made available by the Department of Small Business and Supplier Diversity, which list shall include all companies and organizations certified by the Department.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218999,"text":"All public bodies shall establish programs consistent with this chapter to facilitate the participation of small businesses, businesses owned by women, minorities, and service disabled veterans, military family-owned businesses, and employment services organizations in procurement transactions. The programs established shall be in writing and shall comply with the provisions of any enhancement or remedial measures authorized by the Governor pursuant to subsection C or, where applicable, by the chief executive of a local governing body pursuant to § 15.2-965.1, and shall include specific plans to achieve any goals established therein. State agencies shall submit annual progress reports on (i) small, women-owned, and minority-owned business procurement; (ii) service disabled veteran-owned business procurement; (iii) military family-owned business procurement; and (iv) employment services organization procurement to the Department of Small Business and Supplier Diversity in a form specified by the Department of Small Business and Supplier Diversity. All state agencies shall cooperate with the Department of Small Business and Supplier Diversity’s annual review of their programs pursuant to § 2.2-1605 and shall update such programs to incorporate any feedback and suggestions for improvement. Contracts and subcontracts awarded to employment services organizations and service disabled veteran-owned or military family-owned businesses shall be credited toward the small business, women-owned business, and minority-owned business contracting and subcontracting goals of state agencies and contractors. The Department of Small Business and Supplier Diversity shall make information on service disabled veteran-owned or military family-owned procurement available to the Department of Veterans Services upon request.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":219000,"text":"Whenever there exists (i) a rational basis for small business or employment services organization enhancement or (ii) a persuasive analysis that documents a statistically significant disparity between the availability and utilization of women-owned and minority-owned businesses, the Governor is authorized and encouraged to require state agencies to implement appropriate enhancement or remedial measures consistent with prevailing law. Any enhancement or remedial measure authorized by the Governor pursuant to this subsection for state public bodies may allow for small businesses certified by the Department of Small Business and Supplier Diversity or a subcategory of small businesses established as a part of the enhancement program to have a price preference over noncertified businesses competing for the same contract award on designated procurements, provided that the bid of the certified small business or the business in such subcategory of small businesses established as a part of an enhancement program does not exceed the low bid by more than five percent.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":219001,"text":"In awarding a contract for services to a small, women-owned, or minority-owned business that is certified in accordance with § 2.2-1606, or to a business identified by a public body as a service disabled veteran-owned or military family-owned business where the award is being made pursuant to an enhancement or remedial program as provided in subsection C, the public body shall include in every such contract of more than $10,000 the following:\n\t\t\t“If the contractor intends to subcontract work as part of its performance under this contract, the contractor shall include in the proposal a plan to subcontract to small, women-owned, minority-owned, and service disabled veteran-owned and military family-owned businesses.”","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":219002,"text":"In the solicitation or awarding of contracts, no state agency, department, or institution shall discriminate against a bidder or offeror because the bidder or offeror employs ex-offenders unless the state agency, department, or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":219003,"text":"As used in this section:\n\t\t\t“Employment services organization” means an organization that provides community-based employment services to individuals with disabilities that is an approved Commission on Accreditation of Rehabilitation Facilities (CARF) accredited vendor of the Department for Aging and Rehabilitative Services.\n\t\t\t“Military family” means (i) a member of the uniformed forces, as defined in 10 U.S.C. \u00a7 101(a)(5), of the United States or a reserve component thereof named under 10 U.S.C. \u00a7 10101, (ii) a veteran as defined in 38 U.S.C. \u00a7 101(2), or (iii) a dependent as defined in 50 U.S.C. \u00a7 3911(4) except that the support provided by the service member to the individual shall have been provided 180 days immediately preceding an alleged action that if proven true would constitute unlawful discrimination under this section instead of 180 days immediately preceding an application for relief under 50 U.S.C. Chapter 50.\n\t\t\t“Military family-owned business” means a business that is at least 51 percent owned by one or more persons within the definition of “military family” or, in the case of a corporation, partnership, or limited liability company or other entity, in which at least 51 percent of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are persons within the definition of “military family” and both the management and daily business operations are controlled by one or more individuals who are persons within the definition of “military family”.\n\t\t\t“Minority individual” means an individual who is a citizen of the United States or a legal resident alien and who satisfies one or more of the following definitions:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"6":{"id":219004,"text":"“African American” means a person having origins in any of the original peoples of Africa and who is regarded as such by the community of which this person claims to be a part.","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"7":{"id":219005,"text":"“Asian American” means a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands, including but not limited to Japan, China, Vietnam, Samoa, Laos, Cambodia, Taiwan, Northern Mariana Islands, the Philippines, a U.S. territory of the Pacific, India, Pakistan, Bangladesh, or Sri Lanka and who is regarded as such by the community of which this person claims to be a part.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"8":{"id":219006,"text":"“Hispanic American” means a person having origins in any of the Spanish-speaking peoples of Mexico, South or Central America, or the Caribbean Islands or other Spanish or Portuguese cultures and who is regarded as such by the community of which this person claims to be a part.","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"9":{"id":219007,"text":"“Native American” means a person having origins in any of the original peoples of North America and who is regarded as such by the community of which this person claims to be a part or who is recognized by a tribal organization.\n\t\t\t\t“Minority-owned business” means a business that is at least 51 percent owned by one or more minority individuals who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more minority individuals, or any historically black college or university as defined in § 2.2-1604, regardless of the percentage ownership by minority individuals or, in the case of a corporation, partnership, or limited liability company or other entity, the equity ownership interest in the corporation, partnership, or limited liability company or other entity.\n\t\t\t\t“Service disabled veteran” means a veteran who (i) served on active duty in the United States military ground, naval, or air service, (ii) was discharged or released under conditions other than dishonorable, and (iii) has a service-connected disability rating fixed by the United States Department of Veterans Affairs.\n\t\t\t\t“Service disabled veteran business” means a business that is at least 51 percent owned by one or more service disabled veterans or, in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are service disabled veterans and both the management and daily business operations are controlled by one or more individuals who are service disabled veterans.\n\t\t\t\t“Small business” means a business, independently owned and controlled by one or more individuals, or in the case of a cooperative association organized pursuant to Chapter 3 (§ 13.1-301 et seq.) of Title 13.1 as a nonstock corporation, controlled by one or more members, who are U.S. citizens or legal resident aliens, and together with affiliates, has 250 or fewer employees, or annual gross receipts of $10 million or less averaged over the previous three years. One or more of the individual owners or members shall control both the management and daily business operations of the small business.\n\t\t\t\t“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.\n\t\t\t\t“Women-owned business” means a business that is at least 51 percent owned by one or more women who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity ownership interest is owned by one or more women who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more women.","type":"section","prefixes":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3"}},"ancestry":[{"id":12805,"edition_id":1,"name":"Contract Formation and Administration","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":12752,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":177013,"object_type":"structure","relational_id":12805,"identifier":"2","token":"2.2\/II\/B\/43\/2","url":"\/2.2\/II\/B\/43\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12752,"edition_id":1,"name":"Virginia Public Procurement Act","identifier":"43","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176989,"object_type":"structure","relational_id":12752,"identifier":"43","token":"2.2\/II\/B\/43","url":"\/2.2\/II\/B\/43\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60713,"structure_id":12805,"section_number":"2.2-4303","catch_line":"Methods of procurement","url":"\/2.2-4303\/","token":"2.2\/II\/B\/43\/2\/2.2-4303","metadata":false},{"id":61675,"structure_id":12805,"section_number":"2.2-4303.01","catch_line":"High-risk contracts; 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requirements","url":"\/2.2-4310.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4310.2","metadata":false},{"id":77101,"structure_id":12805,"section_number":"2.2-4310.3","catch_line":"Fiscal data pertaining to certain enhancement or remedial measures","url":"\/2.2-4310.3\/","token":"2.2\/II\/B\/43\/2\/2.2-4310.3","metadata":false},{"id":62578,"structure_id":12805,"section_number":"2.2-4311","catch_line":"Employment discrimination by contractor prohibited; required contract provisions","url":"\/2.2-4311\/","token":"2.2\/II\/B\/43\/2\/2.2-4311","metadata":false},{"id":67743,"structure_id":12805,"section_number":"2.2-4311.1","catch_line":"Compliance with federal, state, and local laws and federal immigration law; required contract provisions","url":"\/2.2-4311.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4311.1","metadata":false},{"id":82121,"structure_id":12805,"section_number":"2.2-4311.2","catch_line":"Compliance with state law; foreign and domestic businesses authorized to transact business in the Commonwealth","url":"\/2.2-4311.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4311.2","metadata":false},{"id":70336,"structure_id":12805,"section_number":"2.2-4311.3","catch_line":"Compliance with state law; 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prequalification for construction","url":"\/2.2-4317\/","token":"2.2\/II\/B\/43\/2\/2.2-4317","metadata":false},{"id":64926,"structure_id":12805,"section_number":"2.2-4318","catch_line":"Negotiation with lowest responsible bidder","url":"\/2.2-4318\/","token":"2.2\/II\/B\/43\/2\/2.2-4318","metadata":false},{"id":64505,"structure_id":12805,"section_number":"2.2-4319","catch_line":"Cancellation, rejection of bids; waiver of informalities","url":"\/2.2-4319\/","token":"2.2\/II\/B\/43\/2\/2.2-4319","metadata":false},{"id":76824,"structure_id":12805,"section_number":"2.2-4320","catch_line":"Exclusion of insurance bids prohibited","url":"\/2.2-4320\/","token":"2.2\/II\/B\/43\/2\/2.2-4320","metadata":false},{"id":59483,"structure_id":12805,"section_number":"2.2-4321","catch_line":"Debarment","url":"\/2.2-4321\/","token":"2.2\/II\/B\/43\/2\/2.2-4321","metadata":false},{"id":62909,"structure_id":12805,"section_number":"2.2-4321.1","catch_line":"Prohibited contracts; exceptions; determination by Department of Taxation; appeal; remedies","url":"\/2.2-4321.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4321.1","metadata":false},{"id":74446,"structure_id":12805,"section_number":"2.2-4321.2","catch_line":"Public works contracts; project labor agreements authorized","url":"\/2.2-4321.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4321.2","metadata":false},{"id":56761,"structure_id":12805,"section_number":"2.2-4321.3","catch_line":"Payment of prevailing wage for work performed on public works contracts; penalty","url":"\/2.2-4321.3\/","token":"2.2\/II\/B\/43\/2\/2.2-4321.3","metadata":false},{"id":79921,"structure_id":12805,"section_number":"2.2-4322","catch_line":"Acceptance of bids submitted to the Department of Transportation","url":"\/2.2-4322\/","token":"2.2\/II\/B\/43\/2\/2.2-4322","metadata":false},{"id":86146,"structure_id":12805,"section_number":"2.2-4323","catch_line":"Purchase programs for recycled goods; agency responsibilities","url":"\/2.2-4323\/","token":"2.2\/II\/B\/43\/2\/2.2-4323","metadata":false},{"id":66033,"structure_id":12805,"section_number":"2.2-4323.1","catch_line":"Purchase of flags of the United States and the Commonwealth by public bodies","url":"\/2.2-4323.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4323.1","metadata":false},{"id":60604,"structure_id":12805,"section_number":"2.2-4324","catch_line":"(Effective July 1, 2027) Preference for Virginia products with recycled content and for Virginia firms","url":"\/2.2-4324\/","token":"2.2\/II\/B\/43\/2\/2.2-4324","metadata":false},{"id":76844,"structure_id":12805,"section_number":"2.2-4325","catch_line":"Preference for Virginia coal used in state facilities","url":"\/2.2-4325\/","token":"2.2\/II\/B\/43\/2\/2.2-4325","metadata":false},{"id":75140,"structure_id":12805,"section_number":"2.2-4326","catch_line":"Preference for recycled paper and paper products used by state agencies","url":"\/2.2-4326\/","token":"2.2\/II\/B\/43\/2\/2.2-4326","metadata":false},{"id":82739,"structure_id":12805,"section_number":"2.2-4327","catch_line":"Preference for community reinvestment activities in contracts for investment of funds","url":"\/2.2-4327\/","token":"2.2\/II\/B\/43\/2\/2.2-4327","metadata":false},{"id":62013,"structure_id":12805,"section_number":"2.2-4328","catch_line":"Preference for local products and firms; applicability","url":"\/2.2-4328\/","token":"2.2\/II\/B\/43\/2\/2.2-4328","metadata":false},{"id":73628,"structure_id":12805,"section_number":"2.2-4328.1","catch_line":"Preference for energy-efficient and water-efficient goods","url":"\/2.2-4328.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4328.1","metadata":false},{"id":63397,"structure_id":12805,"section_number":"2.2-4328.2","catch_line":"Purchase of personal protective equipment by state agencies","url":"\/2.2-4328.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4328.2","metadata":false},{"id":81072,"structure_id":12805,"section_number":"2.2-4328.3","catch_line":"Solar photovoltaic equipment and facilities","url":"\/2.2-4328.3\/","token":"2.2\/II\/B\/43\/2\/2.2-4328.3","metadata":false},{"id":64067,"structure_id":12805,"section_number":"2.2-4329","catch_line":"Expired","url":"\/2.2-4329\/","token":"2.2\/II\/B\/43\/2\/2.2-4329","metadata":false},{"id":72432,"structure_id":12805,"section_number":"2.2-4329.1","catch_line":"Energy forward pricing mechanisms","url":"\/2.2-4329.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4329.1","metadata":false},{"id":73315,"structure_id":12805,"section_number":"2.2-4330","catch_line":"Withdrawal of bid due to error","url":"\/2.2-4330\/","token":"2.2\/II\/B\/43\/2\/2.2-4330","metadata":false},{"id":66024,"structure_id":12805,"section_number":"2.2-4331","catch_line":"Contract pricing arrangements","url":"\/2.2-4331\/","token":"2.2\/II\/B\/43\/2\/2.2-4331","metadata":false},{"id":86314,"structure_id":12805,"section_number":"2.2-4332","catch_line":"Workers' compensation requirements for construction contractors and subcontractors","url":"\/2.2-4332\/","token":"2.2\/II\/B\/43\/2\/2.2-4332","metadata":false},{"id":53971,"structure_id":12805,"section_number":"2.2-4333","catch_line":"Retainage on construction contracts","url":"\/2.2-4333\/","token":"2.2\/II\/B\/43\/2\/2.2-4333","metadata":false},{"id":68826,"structure_id":12805,"section_number":"2.2-4334","catch_line":"Deposit of certain retained funds on certain contracts with local governments; penalty for failure to timely complete","url":"\/2.2-4334\/","token":"2.2\/II\/B\/43\/2\/2.2-4334","metadata":false},{"id":84415,"structure_id":12805,"section_number":"2.2-4335","catch_line":"Public construction contract provisions barring damages for unreasonable delays declared void","url":"\/2.2-4335\/","token":"2.2\/II\/B\/43\/2\/2.2-4335","metadata":false},{"id":55647,"structure_id":12805,"section_number":"2.2-4336","catch_line":"Bid bonds; construction contracts","url":"\/2.2-4336\/","token":"2.2\/II\/B\/43\/2\/2.2-4336","metadata":false},{"id":79610,"structure_id":12805,"section_number":"2.2-4337","catch_line":"Performance and payment bonds","url":"\/2.2-4337\/","token":"2.2\/II\/B\/43\/2\/2.2-4337","metadata":false},{"id":86516,"structure_id":12805,"section_number":"2.2-4338","catch_line":"Alternative forms of security","url":"\/2.2-4338\/","token":"2.2\/II\/B\/43\/2\/2.2-4338","metadata":false},{"id":66839,"structure_id":12805,"section_number":"2.2-4339","catch_line":"Bonds on other than construction contracts","url":"\/2.2-4339\/","token":"2.2\/II\/B\/43\/2\/2.2-4339","metadata":false},{"id":54251,"structure_id":12805,"section_number":"2.2-4340","catch_line":"Action on performance bond","url":"\/2.2-4340\/","token":"2.2\/II\/B\/43\/2\/2.2-4340","metadata":false},{"id":65780,"structure_id":12805,"section_number":"2.2-4340.1","catch_line":"Statute of limitations on construction contracts","url":"\/2.2-4340.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4340.1","metadata":false},{"id":85767,"structure_id":12805,"section_number":"2.2-4340.2","catch_line":"Statute of limitations on architectural and engineering contracts","url":"\/2.2-4340.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4340.2","metadata":false},{"id":56940,"structure_id":12805,"section_number":"2.2-4341","catch_line":"Actions on payment bonds; waiver of right to sue","url":"\/2.2-4341\/","token":"2.2\/II\/B\/43\/2\/2.2-4341","metadata":false},{"id":71233,"structure_id":12805,"section_number":"2.2-4342","catch_line":"Public inspection of certain records","url":"\/2.2-4342\/","token":"2.2\/II\/B\/43\/2\/2.2-4342","metadata":false}],"previous_section":{"id":76051,"structure_id":12805,"section_number":"2.2-4309","catch_line":"Modification of the contract","url":"\/2.2-4309\/","token":"2.2\/II\/B\/43\/2\/2.2-4309","metadata":false},"next_section":{"id":83482,"structure_id":12805,"section_number":"2.2-4310.1","catch_line":"Awards as a result of any authorized enhancement or remedial measure; requirements","url":"\/2.2-4310.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4310.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4310\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 647 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 17 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1984, chapter 279; in 2000, chapter 628<\/a>; in 2001, chapter 844<\/a>; in 2003, chapter 226<\/a>; in 2004, chapters 865<\/a> and 891<\/a>; in 2006, chapters 831<\/a> and 921<\/a>; in 2007, chapter 787<\/a>; in 2008, chapters 521<\/a> and 767<\/a>; in 2009, chapter 869<\/a>; in 2013, chapter 482<\/a>; in 2015, chapters 733<\/a>, 765<\/a>, and 775<\/a>; in 2016, chapter 525<\/a>; in 2017, chapters 397<\/a>, 407<\/a>, and 578<\/a>; in 2018, chapter 540<\/a>; in 2020, chapter 1137<\/a>; in 2022, chapters 150<\/a> and 301<\/a>; in 2025, chapter 422<\/a>.<\/p>","references":[{"id":65884,"section_number":"2.2-1604","catch_line":"Definitions","order_by":null,"url":"\/2.2-1604\/"},{"id":78558,"section_number":"2.2-1605","catch_line":"Powers and duties of Department","order_by":null,"url":"\/2.2-1605\/"},{"id":56335,"section_number":"2.2-1609","catch_line":"Use of vendors identified by public institutions of higher education as small, women-owned, and minority-owned businesses","order_by":null,"url":"\/2.2-1609\/"},{"id":80210,"section_number":"2.2-1610","catch_line":"Reports and recommendations; collection of data","order_by":null,"url":"\/2.2-1610\/"},{"id":83482,"section_number":"2.2-4310.1","catch_line":"Awards as a result of any authorized enhancement or remedial measure; requirements","order_by":null,"url":"\/2.2-4310.1\/"},{"id":70958,"section_number":"2.2-4310.2","catch_line":"Executive branch agency's goals for participation by small businesses; requirements","order_by":null,"url":"\/2.2-4310.2\/"},{"id":77101,"section_number":"2.2-4310.3","catch_line":"Fiscal data pertaining to certain enhancement or remedial measures","order_by":null,"url":"\/2.2-4310.3\/"},{"id":54190,"section_number":"2.2-4343","catch_line":"Exemption from operation of chapter for certain transactions","order_by":null,"url":"\/2.2-4343\/"},{"id":66511,"section_number":"23.1-1002","catch_line":"Eligibility for restructured financial and administrative operational authority and financial benefits","order_by":null,"url":"\/23.1-1002\/"},{"id":72301,"section_number":"33.2-1819","catch_line":"Procurement","order_by":null,"url":"\/33.2-1819\/"},{"id":78828,"section_number":"44-146.17","catch_line":"Powers and duties of Governor","order_by":null,"url":"\/44-146.17\/"},{"id":63083,"section_number":"56-575.16","catch_line":"Procurement","order_by":null,"url":"\/56-575.16\/"},{"id":57199,"section_number":"9.1-108","catch_line":"Criminal Justice Services Board membership; terms; vacancies; members not disqualified from holding other offices; designation of chairmen; meetings; compensation","order_by":null,"url":"\/9.1-108\/"},{"id":63447,"section_number":"9.1-112","catch_line":"Committee on Training; membership","order_by":null,"url":"\/9.1-112\/"}],"refers_to":[{"id":72299,"section_number":"13.1-301","catch_line":"Organization of cooperative associations; purposes; name; par value stock required","order_by":null,"url":"\/13.1-301\/"},{"id":71511,"section_number":"15.2-965.1","catch_line":"Participation of small, women-owned, and minority-owned businesses","order_by":null,"url":"\/15.2-965.1\/"},{"id":65884,"section_number":"2.2-1604","catch_line":"Definitions","order_by":null,"url":"\/2.2-1604\/"},{"id":78558,"section_number":"2.2-1605","catch_line":"Powers and duties of Department","order_by":null,"url":"\/2.2-1605\/"},{"id":64046,"section_number":"2.2-1606","catch_line":"Powers of Director","order_by":null,"url":"\/2.2-1606\/"}],"permalink":{"id":177055,"object_type":"law","relational_id":59798,"identifier":"2.2-4310","token":"2.2\/II\/B\/43\/2\/2.2-4310","url":"\/2.2-4310\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4310\/","token":"2.2\/II\/B\/43\/2\/2.2-4310","dublin_core":{"Title":"Discrimination prohibited; participation of small, women-owned, minority-owned, military family-owned, and service disabled veteran-owned businesses and employment services organizations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4310","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In the solicitation or awarding of contracts<\/span>, no public body<\/span> shall discriminate against a bidder or offeror<\/span> because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran<\/span>, status as a military family<\/span>, or any other basis prohibited by state law<\/span> relating to discrimination in employment. Whenever solicitations are made, each public body<\/span> shall include businesses selected from a list made available by the Department of Small Business<\/span> and Supplier Diversity, which list shall include all companies and organizations certified by the Department. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> All public bodies shall establish programs consistent with this chapter to facilitate the participation of small businesses, businesses owned by women, minorities, and service disabled veterans<\/span>, military family<\/span>-owned businesses, and employment services organizations<\/span> in procurement transactions. The programs established shall be in writing and shall comply with the provisions of any enhancement or remedial measures authorized by the Governor pursuant to subsection C or, where applicable, by the chief executive of a local governing body pursuant to § 15.2-965.1<\/a>, and shall include specific plans to achieve any goals established therein. State agencies shall submit annual progress reports on (i) small, women-owned, and minority-owned business<\/span> procurement; (ii) service disabled veteran<\/span>-owned business procurement; (iii) military family<\/span>-owned business<\/span> procurement; and (iv) employment services organization<\/span> procurement to the Department of Small Business<\/span> and Supplier Diversity in a form specified by the Department of Small Business<\/span> and Supplier Diversity. All state agencies shall cooperate with the Department of Small Business<\/span> and Supplier Diversity’s annual review of their programs pursuant to § 2.2-1605<\/a> and shall update such programs to incorporate any feedback and suggestions for improvement. Contracts<\/span> and subcontracts awarded to employment services organizations<\/span> and service disabled veteran<\/span>-owned or military family<\/span>-owned businesses shall be credited toward the small business<\/span>, women-owned business<\/span>, and minority-owned business<\/span> contracting and subcontracting goals of state agencies and contractors. The Department of Small Business<\/span> and Supplier Diversity shall make information on service disabled veteran<\/span>-owned or military family<\/span>-owned procurement available to the Department of Veterans Services upon request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Whenever there exists (i) a rational basis for small business<\/span> or employment services organization<\/span> enhancement or (ii) a persuasive analysis that documents a statistically significant disparity between the availability and utilization of women-owned and minority-owned businesses, the Governor is authorized and encouraged to require state agencies to implement appropriate enhancement or remedial measures consistent with prevailing law<\/span>. Any enhancement or remedial measure authorized by the Governor pursuant to this subsection for state public bodies may allow for small businesses certified by the Department of Small Business<\/span> and Supplier Diversity or a subcategory of small businesses established as a part of the enhancement program to have a price preference over noncertified businesses competing for the same contract<\/span> award on designated procurements, provided that the bid of the certified small business<\/span> or the business in such subcategory of small businesses established as a part of an enhancement program does not exceed the low bid by more than five percent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In awarding a contract<\/span> for services to a small, women-owned, or minority-owned business<\/span> that is certified in accordance with § 2.2-1606<\/a>, or to a business identified by a public body<\/span> as a service disabled veteran<\/span>-owned or military family<\/span>-owned business<\/span> where the award is being made pursuant to an enhancement or remedial program as provided in subsection C, the public body<\/span> shall include in every such contract<\/span> of more than $10,000 the following:\n\t\t\t“If the contractor intends to subcontract work as part of its performance under this contract<\/span>, the contractor shall include in the proposal a plan to subcontract to small, women-owned, minority-owned, and service disabled veteran<\/span>-owned and military family<\/span>-owned businesses.” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In the solicitation or awarding of contracts<\/span>, no state agency<\/span>, department, or institution shall discriminate against a bidder or offeror<\/span> because the bidder or offeror<\/span> employs ex-offenders unless the state agency<\/span>, department, or institution has made a written determination that employing ex-offenders on the specific contract<\/span> is not in its best interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> As used in this section:\n\t\t\t“Employment services organization<\/span>” means an organization that provides community-based employment services to individuals with disabilities that is an approved Commission on Accreditation of Rehabilitation Facilities (CARF) accredited vendor of the Department for Aging and Rehabilitative Services.\n\t\t\t“Military family<\/span>” means (i) a member of the uniformed forces, as defined in 10 U.S.C. \u00a7 101(a)(5), of the United States or a reserve component thereof named under 10 U.S.C. \u00a7 10101, (ii) a veteran as defined in 38 U.S.C. \u00a7 101(2), or (iii) a dependent as defined in 50 U.S.C. \u00a7 3911(4) except that the support provided by the service member to the individual shall have been provided 180 days immediately preceding an alleged action that if proven true would constitute unlawful discrimination under this section instead of 180 days immediately preceding an application for relief under 50 U.S.C. Chapter 50.\n\t\t\t“Military family<\/span>-owned business<\/span>” means a business that is at least 51 percent owned by one or more persons within the definition of “military family<\/span>” or, in the case of a corporation, partnership, or limited liability company or other entity, in which at least 51 percent of the equity<\/span> ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are persons within the definition of “military family<\/span>” and both the management and daily business operations are controlled by one or more individuals who are persons within the definition of “military family<\/span>”.\n\t\t\t“Minority individual<\/span>” means an individual who is a citizen of the United States or a legal resident alien and who satisfies one or more of the following definitions: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> “African American<\/span>” means a person having origins in any of the original peoples of Africa and who is regarded as such by the community of which this person claims to be a part. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> “Asian American<\/span>” means a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands, including but not limited to Japan, China, Vietnam, Samoa, Laos, Cambodia, Taiwan, Northern Mariana Islands, the Philippines, a U.S. territory of the Pacific, India, Pakistan, Bangladesh, or Sri Lanka and who is regarded as such by the community of which this person claims to be a part. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> “Hispanic American<\/span>” means a person having origins in any of the Spanish-speaking peoples of Mexico, South or Central America, or the Caribbean Islands or other Spanish or Portuguese cultures and who is regarded as such by the community of which this person claims to be a part. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> “Native American<\/span>” means a person having origins in any of the original peoples of North America and who is regarded as such by the community of which this person claims to be a part or who is recognized by a tribal organization.\n\t\t\t\t“Minority-owned business<\/span>” means a business that is at least 51 percent owned by one or more minority individuals<\/span> who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity<\/span> ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals<\/span> who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more minority individuals<\/span>, or any historically black college or university as defined in § 2.2-1604<\/a>, regardless of the percentage ownership by minority individuals<\/span> or, in the case of a corporation, partnership, or limited liability company or other entity, the equity<\/span> ownership interest in the corporation, partnership, or limited liability company or other entity.\n\t\t\t\t“Service disabled veteran<\/span>” means a veteran who (i) served on active duty in the United States military ground, naval, or air service, (ii) was discharged or released under conditions other than dishonorable, and (iii) has a service-connected disability rating fixed by the United States Department of Veterans Affairs.\n\t\t\t\t“Service disabled veteran<\/span> business<\/span>” means a business that is at least 51 percent owned by one or more service disabled veterans<\/span> or, in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity<\/span> ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are service disabled veterans<\/span> and both the management and daily business operations are controlled by one or more individuals who are service disabled veterans<\/span>.\n\t\t\t\t“Small business<\/span>” means a business, independently owned and controlled by one or more individuals, or in the case of a cooperative association organized pursuant to Chapter 3 (§ 13.1-301<\/a> et seq.) of Title 13.1 as a nonstock corporation, controlled by one or more members, who are U.S. citizens or legal resident aliens, and together with affiliates<\/span>, has 250 or fewer employees, or annual gross receipts of $10 million or less averaged over the previous three years. One or more of the individual owners or members shall control both the management and daily business operations of the small business<\/span>.\n\t\t\t\t“State agency<\/span>” means any authority, board, department, instrumentality, institution, agency, or other unit of state government. “State agency<\/span>” shall not include any county, city, or town.\n\t\t\t\t“Women-owned business<\/span>” means a business that is at least 51 percent owned by one or more women who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity<\/span> ownership interest is owned by one or more women who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more women. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCRIMINATION PROHIBITED; PARTICIPATION OF SMALL, WOMEN-OWNED, MINORITY-OWNED,\nMILITARY FAMILY-OWNED, AND SERVICE DISABLED VETERAN-OWNED BUSINESSES AND\nEMPLOYMENT SERVICES ORGANIZATIONS (\u00a7 2.2-4310)\n\nA. In the solicitation or awarding of contracts, no public body shall\ndiscriminate against a bidder or offeror because of race, religion, color, sex,\nsexual orientation, gender identity, national origin, age, disability, status as\na service disabled veteran, status as a military family, or any other basis\nprohibited by state law relating to discrimination in employment. Whenever\nsolicitations are made, each public body shall include businesses selected from\na list made available by the Department of Small Business and Supplier\nDiversity, which list shall include all companies and organizations certified by\nthe Department.\n\nB. All public bodies shall establish programs consistent with this chapter to\nfacilitate the participation of small businesses, businesses owned by women,\nminorities, and service disabled veterans, military family-owned businesses, and\nemployment services organizations in procurement transactions. The programs\nestablished shall be in writing and shall comply with the provisions of any\nenhancement or remedial measures authorized by the Governor pursuant to\nsubsection C or, where applicable, by the chief executive of a local governing\nbody pursuant to § 15.2-965.1, and shall include specific plans to achieve\nany goals established therein. State agencies shall submit annual progress\nreports on (i) small, women-owned, and minority-owned business procurement; (ii)\nservice disabled veteran-owned business procurement; (iii) military family-owned\nbusiness procurement; and (iv) employment services organization procurement to\nthe Department of Small Business and Supplier Diversity in a form specified by\nthe Department of Small Business and Supplier Diversity. All state agencies\nshall cooperate with the Department of Small Business and Supplier\nDiversity’s annual review of their programs pursuant to § 2.2-1605\nand shall update such programs to incorporate any feedback and suggestions for\nimprovement. Contracts and subcontracts awarded to employment services\norganizations and service disabled veteran-owned or military family-owned\nbusinesses shall be credited toward the small business, women-owned business,\nand minority-owned business contracting and subcontracting goals of state\nagencies and contractors. The Department of Small Business and Supplier\nDiversity shall make information on service disabled veteran-owned or military\nfamily-owned procurement available to the Department of Veterans Services upon\nrequest.\n\nC. Whenever there exists (i) a rational basis for small business or employment\nservices organization enhancement or (ii) a persuasive analysis that documents a\nstatistically significant disparity between the availability and utilization of\nwomen-owned and minority-owned businesses, the Governor is authorized and\nencouraged to require state agencies to implement appropriate enhancement or\nremedial measures consistent with prevailing law. Any enhancement or remedial\nmeasure authorized by the Governor pursuant to this subsection for state public\nbodies may allow for small businesses certified by the Department of Small\nBusiness and Supplier Diversity or a subcategory of small businesses established\nas a part of the enhancement program to have a price preference over\nnoncertified businesses competing for the same contract award on designated\nprocurements, provided that the bid of the certified small business or the\nbusiness in such subcategory of small businesses established as a part of an\nenhancement program does not exceed the low bid by more than five percent.\n\nD. In awarding a contract for services to a small, women-owned, or\nminority-owned business that is certified in accordance with § 2.2-1606, or\nto a business identified by a public body as a service disabled veteran-owned or\nmilitary family-owned business where the award is being made pursuant to an\nenhancement or remedial program as provided in subsection C, the public body\nshall include in every such contract of more than $10,000 the following:\n\t\t\t“If the contractor intends to subcontract work as part of its\nperformance under this contract, the contractor shall include in the proposal a\nplan to subcontract to small, women-owned, minority-owned, and service disabled\nveteran-owned and military family-owned businesses.”\n\nE. In the solicitation or awarding of contracts, no state agency, department, or\ninstitution shall discriminate against a bidder or offeror because the bidder or\nofferor employs ex-offenders unless the state agency, department, or institution\nhas made a written determination that employing ex-offenders on the specific\ncontract is not in its best interest.\n\nF. As used in this section:\n\t\t\t“Employment services organization” means an organization that\nprovides community-based employment services to individuals with disabilities\nthat is an approved Commission on Accreditation of Rehabilitation Facilities\n(CARF) accredited vendor of the Department for Aging and Rehabilitative\nServices.\n\t\t\t“Military family” means (i) a member of the uniformed forces, as\ndefined in 10 U.S.C. \u00a7 101(a)(5), of the United States or a reserve component\nthereof named under 10 U.S.C. \u00a7 10101, (ii) a veteran as defined in 38 U.S.C.\n\u00a7 101(2), or (iii) a dependent as defined in 50 U.S.C. \u00a7 3911(4) except that\nthe support provided by the service member to the individual shall have been\nprovided 180 days immediately preceding an alleged action that if proven true\nwould constitute unlawful discrimination under this section instead of 180 days\nimmediately preceding an application for relief under 50 U.S.C. Chapter 50.\n\t\t\t“Military family-owned business” means a business that is at\nleast 51 percent owned by one or more persons within the definition of\n“military family” or, in the case of a corporation, partnership, or\nlimited liability company or other entity, in which at least 51 percent of the\nequity ownership interest in the corporation, partnership, or limited liability\ncompany or other entity is owned by one or more individuals who are persons\nwithin the definition of “military family” and both the management\nand daily business operations are controlled by one or more individuals who are\npersons within the definition of “military family”.\n\t\t\t“Minority individual” means an individual who is a citizen of the\nUnited States or a legal resident alien and who satisfies one or more of the\nfollowing definitions:\n\n 1. “African American” means a person having origins in any of the\n original peoples of Africa and who is regarded as such by the community of\n which this person claims to be a part.\n\n 2. “Asian American” means a person having origins in any of the\n original peoples of the Far East, Southeast Asia, the Indian subcontinent, or\n the Pacific Islands, including but not limited to Japan, China, Vietnam,\n Samoa, Laos, Cambodia, Taiwan, Northern Mariana Islands, the Philippines, a\n U.S. territory of the Pacific, India, Pakistan, Bangladesh, or Sri Lanka and\n who is regarded as such by the community of which this person claims to be a\n part.\n\n 3. “Hispanic American” means a person having origins in any of the\n Spanish-speaking peoples of Mexico, South or Central America, or the Caribbean\n Islands or other Spanish or Portuguese cultures and who is regarded as such by\n the community of which this person claims to be a part.\n\n 4. “Native American” means a person having origins in any of the\n original peoples of North America and who is regarded as such by the community\n of which this person claims to be a part or who is recognized by a tribal\n organization.\n \t\t\t\t“Minority-owned business” means a business that is at least 51\n percent owned by one or more minority individuals who are U.S. citizens or\n legal resident aliens, or in the case of a corporation, partnership, or\n limited liability company or other entity, at least 51 percent of the equity\n ownership interest in the corporation, partnership, or limited liability\n company or other entity is owned by one or more minority individuals who are\n U.S. citizens or legal resident aliens, and both the management and daily\n business operations are controlled by one or more minority individuals, or any\n historically black college or university as defined in § 2.2-1604,\n regardless of the percentage ownership by minority individuals or, in the case\n of a corporation, partnership, or limited liability company or other entity,\n the equity ownership interest in the corporation, partnership, or limited\n liability company or other entity.\n \t\t\t\t“Service disabled veteran” means a veteran who (i) served on\n active duty in the United States military ground, naval, or air service, (ii)\n was discharged or released under conditions other than dishonorable, and (iii)\n has a service-connected disability rating fixed by the United States\n Department of Veterans Affairs.\n \t\t\t\t“Service disabled veteran business” means a business that is\n at least 51 percent owned by one or more service disabled veterans or, in the\n case of a corporation, partnership, or limited liability company or other\n entity, at least 51 percent of the equity ownership interest in the\n corporation, partnership, or limited liability company or other entity is\n owned by one or more individuals who are service disabled veterans and both\n the management and daily business operations are controlled by one or more\n individuals who are service disabled veterans.\n \t\t\t\t“Small business” means a business, independently owned and\n controlled by one or more individuals, or in the case of a cooperative\n association organized pursuant to Chapter 3 (§ 13.1-301 et seq.) of Title\n 13.1 as a nonstock corporation, controlled by one or more members, who are\n U.S. citizens or legal resident aliens, and together with affiliates, has 250\n or fewer employees, or annual gross receipts of $10 million or less averaged\n over the previous three years. One or more of the individual owners or members\n shall control both the management and daily business operations of the small\n business.\n \t\t\t\t“State agency” means any authority, board, department,\n instrumentality, institution, agency, or other unit of state government.\n “State agency” shall not include any county, city, or town.\n \t\t\t\t“Women-owned business” means a business that is at least 51\n percent owned by one or more women who are U.S. citizens or legal resident\n aliens, or in the case of a corporation, partnership, or limited liability\n company or other entity, at least 51 percent of the equity ownership interest\n is owned by one or more women who are U.S. citizens or legal resident aliens,\n and both the management and daily business operations are controlled by one or\n more women.\n\nHISTORY: 1982, c. 647, \u00a7\u00a7 11-44, 11-48; 1984, c. 279; 2000, c. 628; 2001, c.\n844; 2003, c. 226; 2004, cc. 865, 891; 2006, cc. 831, 921; 2007, c. 787; 2008,\ncc. 521, 767; 2009, c. 869; 2013, c. 482; 2015, cc. 733, 765, 775; 2016, c. 525;\n2017, cc. 397, 407, 578; 2018, c. 540; 2020, c. 1137; 2022, cc. 150, 301; 2025,\nc. 422.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}