SB 12
Establishing Public/Private Small Business Enhancement Program
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill establishes the Public/Private Small Business Enhancement Program in West Virginia to promote the growth and development of small businesses. It requires state agencies to set aside a portion of their contracts for small businesses, with specific requirements for bidding and subcontracting. The program aims to increase opportunities for small businesses to compete for state contracts and includes provisions for certification, audits, and penalties for non-compliance. The program will sunset on July 1, 2029.
Key provisions
- State agencies must set aside at least 25% of contract value for small businesses.
- Contracts under $150,000 must be exclusively awarded to small businesses if they can meet fair market value requirements.
- Small businesses must perform at least 30% of contract work with a small business workforce and 50% with small business employees.
- Small businesses cannot subcontract with affiliated companies.
- The Purchasing Division will establish a certification process for small businesses.
- Awarding agencies can require subcontractors to also be small businesses.
- The State Auditor can impose penalties for false statements on certification applications.
- Awarding agencies must prepare annual reports on program goals and implementation.
Who is affected
- Small businesses
- State agencies
- Purchasing Division
- State Auditor
- Contractors
Notable changes
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