Virginia Public Procurement Act; public higher educational institutions, disclosure by offerors.
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SB 210 — Virginia Public Procurement Act; public higher educational institutions, disclosure by offerors.
Last action — Approved by Governor-Chapter 96 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 10, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 05, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 6 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Virginia Public Procurement Act; public institutions of higher education; disclosure required by certain offerors; civil penalty. Requires every offeror who is awarded a contract by a public institution of higher education for any construction project that has a total cost of $5 million or more to disclose any contributions the offeror has made within the previous five-year period totaling $25,000 or more to the public institution of higher education or any private foundation that exists solely to support the public institution of higher education. The bill provides that no protest of an award shall lie for a claim that the selected offeror was awarded a contract solely based on such offeror's contribution to the public institution of higher education. The bill imposes a $500 civil penalty on any offeror that knowingly fails to submit the required disclosure. The provisions of the bill relating to such disclosure of gifts made by an offeror to a public institution of higher education or any private foundation that exists solely to support the public institution of higher education expire on June 30, 2027. This bill is identical to HB 19.
Bill Text
What changed in the latest version
70 added · 66 removedPlain-language change summary
The bill SB 210 was amended to clarify and enhance requirements regarding disclosure of contributions made by contractors to public higher education institutions. It now mandates that any contractor bidding on a project worth $5 million or more must report any contributions totaling $25,000 or more made within the past five years to the institution or its supporting foundations. This amendment aims to increase transparency in the procurement process and ensure accountability in how public funds are used, which could help prevent conflicts of interest.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E96 An Act to amend and reenact § 23.1-1017 of the Code of Virginia and to amend the Code of Virginia by institutionsadding ofa highersection education;numbered 2.2-4376.2, relating to the Virginia Public Procurement Act;
public institutions of higher education;
civil penalty.bliRpenalty. O [S 210] L Approved L Be it enacted by the General Assembly of Virginia:
E[S 1.210] Approved April 5, 2022 Be it enacted by the General Assembly of Virginia:
That1. § 23.1-1017 of the Code of Virginia is amended and reenacted and that the Code of D Vir§ 2.2-4376.2.
That § 23.1-1017 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 2.2-4376.2 as follows:
§ 2.2-4376.2.
"In-kind contribution" means the donation of goods, services, property, or other thing of value, other than money.
newnewother items are valued at retail value, used items are valued at fair market value, and services rendered are valued at the actual cost of service per hour.
B "Offeror" includes the offeror's owner and any agent, managing member, officer, director, or1spouseor ofspouse "Public institution of higher education" means the sameofferor. as that term is defined in § 23.1-10E.
"Public institution of higher education" means the same as that term is defined in § 23.1-100.
however, no protest shall lie for a claim that the selected offeror was awarded a contract solely based on such offeror's contribution to the pubC.public institution of higher education.
C.
Subject to the express provisions of the management agreement, each covered institution may be exempt from the provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.), except for §§ 2.2-4340, 2.2-4340.1, 2.2-4340.2, and 2.2-4342, and 2.2-4376.2, which shall not be construed to require compliance with the prequalification application procedures of subsection B of § 2.2-4317, provided, however, that (i) any deviations from the Virginia Public Procurement Act in the management agreement shall be uniform across all covered institutions and (ii) the governing board of the covered institution shall adopt, and the covered institution shall comply with, policies for the procurement of goods and services, including professional services, that shall (a) be based upon competitive principles,;
(d) prohibit discrimination in the solicitation and award of contracts on the basis of the bidder's or offeror's race, religion, color, sex, sexual orientation, gender identity, national origin, age, or disability or on any other andbasis 2.2-4354,;prohibited by state or federal law,;
(e) incorporate the prompt payment principles of §§ 2.2-4350 and 2.2-4354,;
and (iii) include provisions for cooperative arrangements with other covered institutions, other public or private educational institutions, or other public or private organizations or entities, including public-private partnerships, public bodies, charitable organizations, health care provider alliances or purchasing organizations or entities, state agencies ortableor institutions of the Commonwealth or the other states, the District of Columbia, the territories, or the of 2 United States, and any combination of such organizations and entities.
Nothing in this section shall preclude a covered institution from requesting and utilizing the of 2 assistance of the Virginia Information Technologies Agency for information technology procurements and covered institutions are encouraged to utilize such assistance.
View plain text versions (4)
- CHAP0096 View text Current pdf April 05, 2022
- SB210ER View text pdf March 03, 2022
- Committee Substitute Committee substitute printed 22106372D-S1 pdf February 09, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22103354D pdf January 10, 2022
Action History
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Approved by Governor-Chapter 96 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 11, 2022
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Signed by President
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Impact statement from DPB (SB210ER)
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Signed by Speaker
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Enrolled
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House amendment agreed to by Senate (39-Y 1-N)
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VOTE: Block Vote Passage (99-Y 0-N)
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Passed House with amendment BLOCK VOTE (99-Y 0-N)
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Engrossed by House as amended
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Committee amendment agreed to
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Read third time
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Read second time
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Reported from General Laws with amendment(s) (22-Y 0-N)
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House committee, floor amendments and substitutes offered
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Referred to Committee on General Laws
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Read first time
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Placed on Calendar
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Read third time and passed Senate (37-Y 3-N)
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Engrossed by Senate - committee substitute SB210S1
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Committee substitute agreed to 22106372D-S1
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Reading of substitute waived
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Read second time
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Impact statement from DPB (SB210S1)
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Constitutional reading dispensed (40-Y 0-N)
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Committee substitute printed 22106372D-S1
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Reported from General Laws and Technology with substitute (13-Y 0-N 1-A)
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Senate committee, floor amendments and substitutes offered
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Impact statement from DPB (SB210)
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Referred to Committee on General Laws and Technology
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Prefiled and ordered printed; offered 01/12/22 22103354D
Sponsors
- J. Chapman Petersen · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 3 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 1 | 0 | 0 |
| Total | 39 | 1 | 0 | 0 |
| % of votes cast | 98% | 3% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 98 | 0 | 0 | 1 |
| Total | 98 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Dawn M. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Chris S. Runion | — | Yea |
| Coyner, Carrie E. | — | Yea |
| Danica A. Roem | — | Yea |
| Emily M. Jordan | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| James W. Morefield | — | Yea |
| Jenkins, Clinton L. | — | Yea |
| Knight, Barry D. | — | Yea |
| Luke E. Torian | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Murphy, Kathleen | — | Yea |
| Paul E. Krizek | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Thomas C. Wright, Jr. | — | Yea |
| Wampler, William C., III | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 3 | 0 | 0 |
| Total | 37 | 3 | 0 | 0 |
| % of votes cast | 93% | 8% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 0 | 0 | 1 |
| Total | 13 | 0 | 0 | 1 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Bryce E. Reeves | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Kiggans, Jennifer A. | — | Not Voting |
| Mamie E. Locke | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Richard H. Stuart | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Todd E. Pillion | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
Subjects
Frequently asked questions
- What does SB 210 do?
- Virginia Public Procurement Act; public institutions of higher education; disclosure required by certain offerors; civil penalty. Requires every offeror who is awarded a contract by a public institution of higher education for any construction project that has a total cost of $5 million or more to disclose any contributions the offeror has made within the previous five-year period totaling $25,000 or more to the public institution of higher education or any private foundation that exists solely to support the public institution of higher education. The bill provides that no protest of an award shall lie for a claim that the selected offeror was awarded a contract solely based on such offeror's contribution to the public institution of higher education. The bill imposes a $500 civil penalty on any offeror that knowingly fails to submit the required disclosure. The provisions of the bill relating to such disclosure of gifts made by an offeror to a public institution of higher education or any private foundation that exists solely to support the public institution of higher education expire on June 30, 2027. This bill is identical to HB 19.
- Who sponsors SB 210?
- SB 210 is sponsored by Petersen, J. Chapman.
- What is the current status of SB 210?
- This bill has been enacted into law. Introduced January 10, 2022. Enacted.
- Where can I track SB 210?
- Track SB 210 free on One Click Politics — get push/email alerts when it moves.
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