Chapter 22 - IT Competitive Sealed Bidding / Invitation for Bid

22.1.2 Small business requirements

As part of the Commonwealth’s commitment to promote and encourage the participation of small businesses in public procurement, procurements of IT goods and services up to $100,000 shall be set aside for qualified DSBSD-certified IT small business participation to achieve the Commonwealth’s goal that 42% of its purchases be made from small businesses. Further, VITA is committed to enabling a minimum of three percent (3%) participation by service disabled veteran businesses as defined in § 2.2-2000.1 and § 2.2-4310 of the Code of Virginia when contracting for goods and services. If available, four (4) qualified DSBSD-certified small business sources including at least one micro business. If two or more DSBSD-certified small businesses cannot be identified as qualified to set aside the procurement under $100,000, the procurement file shall be documented with VITA’s efforts through eVA to obtain the number of required sources. An award may be made to a qualified, reasonably ranked small business, including a service-disabled veteran, minority- or women-owned small business or micro business offeror, if available, that is other than the highest-ranking offeror if the price submitted is fair and reasonable and does not exceed 5 percent (5%) of the lowest responsive and responsible noncertified bidder.

All procurements between $0 and $10,000 are to be set aside for micro businesses. A minimum of one quotation from a qualified DSBSD-certified micro business, if available, is required and the award shall be made to that DSBSD-certified micro business if the price is fair and reasonable and does not exceed 5 percent (5%) of the lowest responsive and responsible noncertified bidder. If more than one quote is solicited, the award will be made to the lowest responsive and responsible qualified DSBSD-certified micro business bidder. If the agency or institution receives no acceptable bids or offers from micro businesses, the procurement may be awarded to the lowest responsive and responsible small business bidder if the price is fair and reasonable. If there is no small business bidder available, the procurement shall be awarded to the lowest responsive and responsible non-small business bidder.

IT IFBs over $100,000 shall include a requirement for offerors to submit, as part of their bid, a Supplier Procurement and Subcontracting Plan (see Appendix B). If a bidder is a DSBSD-certified small business, the bidder shall so indicate in its bid response. DSBSD- certified small businesses include DSBSD-certified women-, minority-, service disabled veteran-owned businesses, and micro businesses that meet the small business definition and have received the DSBSD small-business certification. If the bidder is not a DSBSD-certified small business, the bidder is required to identify the portions of the contract the bidder plans to subcontract to DSBSD-certified small business by completing and returning the Supplier Procurement and Subcontracting Plan. Refer to Virginia Public Procurement Act (VPPA) § 2.2-4310(E) for definitions of small, women-, minority- and service disabled veteran-owned businesses. A micro business is defined in Executive Order 35 (2019).

If the bidder is not a DSBSD-certified small business, small woman-owned, minority-owned, service disabled veteran-owned business, or a micro business, and will not have an opportunity to subcontract any portion of the requirements being solicited, the bidder still must complete the Supplier Procurement and Subcontracting Plan and designate that there will be no small business subcontracting.

For more detailed policy requirements refer to the following VITA policies: Small Purchase Policy and IT Procurement Policy for Enhancing Opportunities for Small, Women- and Minority-Owned Businesses, found at this location: https://www.vita.virginia.gov/procurement/policies--procedures/procurement-policies/.