Bill Text: VA SB260 | 2024 | Regular Session | Comm Sub

Virginia Senate Bill 260 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Va. Public Procurement Act; preference for goods produced in Virginia, U.S., & Va. resident bidders.

Spectrum: Bipartisan Bill

Status: (Passed) 2024-04-17 - Governor: Acts of Assembly Chapter text (CHAP0782) [SB260 Detail]

Download: Virginia-2024-SB260-Comm_Sub.html

24107970D
SENATE BILL NO. 260 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on General Laws on February 22, 2024) (Patron Prior to Substitute--Senator DeSteph) A BILL to amend and reenact §2.2-4324 of the Code of Virginia, relating to Virginia Public Procurement Act; preference for goods produced in the United States.

Be it enacted by the General Assembly of Virginia:

1. That §2.2-4324 of the Code of Virginia is amended and reenacted as follows:

§2.2-4324. Preferences; goods produced in Virginia, in United States, or with recycled content.

A. In the case of a tie bid, preference shall first be given to goods produced in Virginia~~, goods or services or construction provided by Virginia persons, firms or corporations~~ and preference shall then be given to goods produced in the United States; otherwise the tie shall be decided by lot.

B. Whenever the lowest responsive and responsible bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a percentage preference, a like preference shall be allowed to the lowest responsive and responsible bidder who is a resident of Virginia and is the next lowest bidder. If the lowest responsive and responsible bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a price-matching preference, a like preference shall be allowed to responsive and responsible bidders who are residents of Virginia. If the lowest bidder is a resident contractor of a state with an absolute preference, the bid shall not be considered. The Department of General Services shall post and maintain an updated list on its website of all states with an absolute preference for their resident contractors and those states that allow their resident contractors a percentage preference, including the respective percentage amounts. For purposes of compliance with this section, all public bodies may rely upon the accuracy of the information posted on this website.

C. Notwithstanding the provisions of subsections A and B, in the case of a tie bid in instances where goods are being offered, and existing price preferences have already been taken into account, preference shall be given to the bidder whose goods contain the greatest amount of recycled content.

D. For the purposes of this section, a Virginia person, firm or corporation shall be deemed to be a resident of Virginia if such person, firm or corporation has been organized pursuant to Virginia law or maintains a principal place of business within Virginia.