2006 Code of Virginia § 2.2-4310 - Discrimination prohibited; participation of small, women- and minority-owned business

2.2-4310. Discrimination prohibited; participation of small, women- andminority-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, or any other basis prohibited by statelaw relating to discrimination in employment. Whenever solicitations aremade, each public body shall include businesses selected from a list madeavailable by the Department of Minority Business Enterprise.

B. All public bodies shall establish programs consistent with this chapter tofacilitate the participation of small businesses and businesses owned bywomen and minorities in procurement transactions. The programs establishedshall be in writing and shall comply with the provisions of any enhancementor remedial measures authorized by the Governor pursuant to subsection C or,where applicable, by the chief executive of a local governing body pursuantto 15.2-965.1, and shall include specific plans to achieve any goalsestablished therein. State agencies shall submit annual progress reports onsmall, women- and minority-owned business procurement to the Department ofMinority Business Enterprise in a form specified by the Department ofMinority Business Enterprise.

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 non-citizen who is in full compliance with United Statesimmigration law and who satisfies one or more of the following 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 concern that is at least 51%owned by one or more minority individuals or in the case of a corporation,partnership, or limited liability company or other entity, at least 51% ofthe equity ownership interest in the corporation, partnership, or limitedliability company or other entity is owned by one or more minorityindividuals and both the management and daily business operations arecontrolled by one or more minority individuals.

"Small business" means an independently owned and operated business which,together with affiliates, has 250 or fewer employees, or average annual grossreceipts of $10 million or less averaged over the previous three years.

"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 concern that is at least 51% ownedby one or more women who are citizens of the United States or non-citizenswho are in full compliance with United States immigration law, 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 citizens of the United States or non-citizens who are in fullcompliance with United States immigration law, and both the management anddaily business operations are controlled by one or more women who arecitizens of the United States or non-citizens who are in full compliance withUnited States immigration law.

(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.)