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FY22 Annual SWaM Plan Compliance Report — Department of Small Business and Supplier Diversity

Summary

This is a memorandum from Willis A. Morris, Director of the Department of Small Business and Supplier Diversity, to Governor Glenn Youngkin, the General Assembly members and Secretary of Commerce and Trade Caren Merrick, titled FY22 Annual SWaM Plan Compliance Report. It reports that the compliance rate for FY22 SWaM plan submission is 94.91 for state entities and institutions, and Table 1 lists the state entities with their submission status. Six agencies are marked Non-Compliant, including the Virginia College Savings Plan, Gunston Hall and the Virginia Retirement System. Five submitted a plan that was not approved by the deadline, and one failed to submit. The memo closes with numbered recommendations to improve compliance with § 2.2-4310.

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“FY22 Annual SWaM Plan Compliance Report — Department of Small Business and Supplier Diversity.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-rd290-07e476b7e9/, SHA-256 2e91c348cebee669ac243956c2f1202ee0b53bfda054dc90eb8ec7a1333445ef.

Full text

                         COMMONWEALTH of VIRGINIA
                       Department of Small Business and Supplier Diversity

To:    Honorable Glenn Youngkin, Governor
       Honorable General Assembly Members
       Honorable Caren Merrick, Secretary of Commerce and Trade

From: Willis A. Morris, Director, Department of Small Business and Supplier Diversity
Date: June 2 I, 2023
Re:    Annual Report on Commonwealth Agency and Department Reporting of Small,
       Women- and Minority-owned Business Procurement


The Virginia Department of Small Business and Supplier Diversity ("DSBSD") was
established and granted statutory powers under §§ 2.2-1603 et seq. of the Code of Virginia.
Section 2.2-1606 of the Code grants certain powers and duties to the DSBSD, which
specifically includes, inter alia, the duty to ''[i] implement any remediation or enhancement
measure for small, women-owned, or minority-owned business as may be authorized by the
Governor pursuant to subsection C of § 2.2-4310 and develop regulations, consistent with
prevailing law, for program implementation."

As part of this duty, the DSBSD Director is required to report to the Governor and the General
Assembly on the participation of small, women-owned and minority-owned ("SWaM")
businesses in state procurement as well as identify state entities failing to submit annual
progress reports on SWaM procurement as required by§ 2.2-1610 of the Code of Virginia.

COV § 2.2-1610. Reports and recommendations; collection of data.

       The Director shall, from time to time, submit directly or through an assistant to the
       Governor his recommendations for legislation or other action as he deems desirable
       to promote the purposes ofthis chapter.

       The Director shall report, on or before November 1 ofeach year, to the Governor and
       the General Assembly the identity of the state departments and agencies failing to
       submit annual progress reports on small, women-owned, and minority-owned
       business procurement required by§ 2.2-4310 and the nature and extent of such lack
       of compliance. The annual report shall include recommendations on the ways to
       improve compliance with the provisions of§ 2.2-4310 and such other related matters
       as the Director deems appropriate. The Department shall include in its annual report
       information on the progress of the mentorship program established under § 2.2-
       1605.1.



              10 I Nonh 14'h Streer I l'h tloor • Richmond, Virginia 23219 • (804) 786-6585 • Fax (804) 786-9736
FY22 Annual SWaM Plan Compliance Report
Page 2 of8


       The Director, with the assistance of the Comptroller, shall develop and implement a
       systematic data collection process that will provide information for a report to the
       Governor and General Assembly on state expenditures to small, women-owned, and
       minority-owned businesses during the previous fiscal year.

       An institution exercising authority granted under this section shall promptly make
       available to the Department, upon request, copies ofits procurement records, receipts,
       and transactions in regard to procurement from small, women-owned, and minority­
       owned businesses in order for the Department to ensure institution compliance with
       its approved reporting and certification criteria.

The compliance rate for FY22 SWaM plan submission is 94.91 % for state entities and
institutions. Entities that have multiple sub agencies beneath them, that did not submit a plan,
are only counted once to obtain compliance rates.

The table below captures the Agency's SWaM Plan submission status as it has been reported
to DSBSD.

TABLE 1. LIST OF STATE ENTITIES AND INSTITUTIONS
*Entity that submits an Annual SWaM Plan for multiple Agencies.

  Agency                                                                                                Submission
   Code                              Agency Name                                                          Status
    262       Department for Aging and Rehabilitative Services*                                                   X

              751 Department for the Deaf & Hard-of-Hearing
              606 Virginia Board for People with Disabilities
              203 Wilson Workforce and Rehabilitation Center
              263 Virginia Rehabilitation Center for the Blind and Vision
              Impaired
              702 Department for the Blind and Vision Impaired
     720      Department of Behavioral Health and Developmental Services                                          X

              720a Department of Behavioral Health and Developmental
              Services, Central Office
              724 Catawba Hospital                                                                                X

              728 Northern Virginia Mental Health Institute                                                       X

              739 Southern Virginia Mental Health Institute                                                       X

              704 Eastern State Hospital                                                                          X

              706 Western State Hospital                                                                          X

              708 Commonwealth Center for Children and Adolescents                                                X

              703 Central State Hospital                                                                          X


           IO I North 14'1' Street I l'h floor • Richmond, Virginia 23219 • (804) 786-6585 • Fax (804) 786-9736
FY22 Annual SWaM Plan Compliance Report
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             794 Virginia Center for Behavioral Rehabilitation                                                 X

             723 Southeastern Virginia Training Center                                                         X

             705 Southwestern Virginia Mental Health Institute                                                 X

             748 Hiram W. Davis Medical Center                                                                 X

             729 Piedmont Geriatric Hospital                                                                   X

    195      Secretary of Labor                                                                                X

   222       Department of Professional and Occupational Regulation                                            X

    181      Department of Labor and Industry                                                                  X

    182      Virginia Employment Commission                                                                    X

   207       University of Virginia*                                                                           X

             246 University of Virginia's College at Wise
             948 Southwest Virginia Higher Education Center
             209 University of Virginia Medical Center
   212       Virginia State University*                                                                        X

             234 Virginia State University Cooperative Extension
   260       Virginia Community College System*                                                                X

             296 Virginia Highlands Community College
             299 Mountain Empire Community College
             292 Central Virginia Community College
             287 Mountain Gateway Community College
             283 Reynolds Community College
             278 Rappahannock Community College
             275 New River Community College
             26 I Virginia Community College System-Central Office
             295 Tidewater Community College
             288 Wytheville Community College
             286 Virginia Western Community College
             270 Virginia Community College System - Shared Services
             Center
             293 Virginia Peninsula Community College
             294 Southwest Virginia Community College
             276 Southside Virginia Community College
             282 Piedmont Virginia Community College
             277 Paul D. Camp Community College


          IOI North 14'h Srreet l l'h floor • Richmond, Virginia 23219 • (804) 786-6585 • Fax (804) 786-9736
FY22 Annual SWaM Plan Compliance Report
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            285 Patrick & Henry Community College
            280 Northern Virginia Community College
            298 Laurel Ridge Community College
            290 Brightpoint Community College
            297 Germanna Community College
            284 Eastern Shore Community College
            279 Danville Community College
            291 Blue Ridge Community College
   204      William & Mary*                                                                                    X

            268 Virginia Institute of Marine Science
   701      Department of Corrections*                                                                         X

            742 Department of Corrections -Training Academy & Human
            Resources
            785 River North Correctional Center
            774 Lunenburg Correctional Center
            770 Dillwyn Correctional Center
            749 Buckingham Correctional Center
            737 St. Brides Correctional Center
            716 Virginia Correctional Center for Women
            795 Department of Corrections--Institutions
            701 Department of Corrections-Central Administration
            799 Department of Corrections, Central Activities
            757 Western Region Correctional Field Units
            735 Wallens Ridge State Prison
            711 Virginia Correctional Enterprises
            734 Sussex II State Prison
            733 Sussex I State Prison
            741 Red Onion State Prison
            775 Pocahontas State Correctional Center
            745 Nottoway Correctional Center
            747 Marion Correctional Treatment Center
            768 Keen Mountain Correctional Center
            772 Haynesville Correctional Center
            769 Greensville Correctional Center


         10 l North 14'h Street l l'h floor • Richmond, Virginia 23219 • (804) 786-6585 • Fax (804) 786-9736
FY22 Annual SWaM Plan Compliance Report
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             776 Green Rock Correctional Center
             743 Fluvanna Women's Correctional Center
             767 Division of Community Corrections
             753 Deerfield Correctional Center
             752 State Farm Correctional Center
             756 Department of Corrections--Division oflnstitutions
             773 Coffeewood Correctional Center
             718 Bland Correctional Center
             761 Baskerville Correctional Center
             754 Augusta Correctional Center
   912       Department of Veterans Services*                                                                  X

             922 Sitter & Barfoot Veterans Care Center
             913 Veterans Services Foundation
             128 Virginia Veterans Care Center
   208       Virginia Polytechnic Inst. and State University*                                                  X

             229 Virginia Polytechnic Institute and State University
             Cooperative Extension
    136      Virginia Information Technologies Agency                                                          X

    186      Secretary of Transportation                                                                       X

   921       Interstate Organization Contributions                                                             X

   454       Secretary of Veterans and Defense Affairs                                                         X

    193      Secretary of Agriculture and Forestry                                                             X

    192      Secretary of Commerce and Trade                                                                   X

    190      Secretary of Finance                                                                              X

    188      Secretary of Health and Human Resources                                                           X

   187       Secretary of Public Safety and Homeland Security                                                  X

    185      Secretary of Education                                                                            X

    183      Secretary of Natural Resources                                                                    X

    180      Secretary of Administration                                                                       X

    166      Secretary of the Commonwealth                                                                     X

   121       Office of the Governor                                                                            X

    119      Lieutenant Governor                                                                               X

    174      Virginia College Savings Plan                                                         Non-Compliant
    501      Department of Transportation                                                                      X


          101 North 14'h Street l l'h floor • Richmond, Virginia 23219 • (804) 786-6585 • Fax (804) 786-9736
FY22 Annual SWaM Plan Compliance Report
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    157      Compensation Board                                                                              X

   226       Board of Accountancy                                                                            X

   242       Christopher Newport University                                                                  X

   245       State Council of Higher Education for Virginia                                                  X

   602       Department of Medical Assistance Services                                                       X

   200       Office of Children's Services Act (Children's Services Act)                                     X

   417       Gunston Hall                                                                        Non-Compliant
   247       George Mason University                                                                         X

    127      Department of Emergency Management                                                              X

   765       Department of Social Services                                                                   X

    141      Attorney General and Department of Law                                                          X

   957       Commonwealth's Attorneys' Services Council                                                      X

    151      Department of Accounts                                                              Non-Compliant
   301       Department of Agriculture and Consumer Services                                                 X

   841       Department of Aviation                                                                          X

    199      Department of Conservation & Recreation                                                         X

    140      Department of Criminal Justice Services                                                         X

   201       Department of Education                                                             Non-Compliant
    132      Department of Elections                                                                         X

   440       Department of Environmental Quality                                                             X

   960       Department of Fire Programs                                                                     X

   778       Department of Forensic Science                                                                  X

   411       Department of Forestry                                                                          X

    194      Department of General Services                                                                  X

   601       Department of Health                                                                            X

   223       Department of Health Professions                                                                X

   423       Department of Historic Resources                                                                X

    165      Department of Housing and Community Development                                                 X

   129       Department of Human Resource Management                                                         X

   777       Department of Juvenile Justice                                                                  X

   123       Department of Military Affairs                                                                  X

    154      Department of Motor Vehicles                                                                    X

    122      Department of Planning and Budget                                                               X


          101 North 14' Street l l'h floor• Richmond, Virginia 23219 • (804) 786-6585 • Fax(804) 786-9736
FY22 Annual SWaM Plan Compliance Report
Page 7 of8



    505      Department of Rail and Public Transportation                                                     X

    350      Department of Small Business and Supplier Diversity                                              X

    161      Department of Taxation                                                                           X

    152      Department of the Treasury                                                                       X

   403       Department of Wildlife Resources                                                                 X

   360       Fort Monroe Authority                                                                            X

   239       Frontier Culture Museum                                                                          X

   216       James Madison University                                                                         X

   425       Jamestown-Yorktown Foundation                                                                    X

   214       Longwood University                                                                              X

   402       Marine Resources Commission                                                                      X

   506       Motor Vehicle Dealer Board                                                           Non-Compliant
   938       New College Institute                                                                            X

   213       Norfolk State University                                                                         X

    147      Office of the State Inspector General                                                            X

   221       Old Dominion University                                                                          X

   217       Radford University                                                                               X

   241       Richard Bland College                                                                            X

   937       Southern Virginia Higher Education Center                                                        X

    171      State Corporation Commission                                                                     X

   202       The Library of Virginia                                                                          X

    146      The Science Museum of Virginia                                                                   X

   851       Tobacco Region Revitalization Commission                                                         X

   215       University of Mary Washington                                                                    X

    148      Virginia Commission for the Arts                                                                 X

   236       Virginia Commonwealth University                                                                 X

   310       Virginia Economic Development Partnership                                                        X

   409       Virginia Energy                                                                                  X

    852      Virginia Foundation for Healthy Youth                                                            X

   1002      Virginia Housing                                                                                 X

    172      Virginia Lottery                                                                                 X

   211       Virginia Military Institute                                                                      X

   238       Virginia Museum of Fine Arts                                                                     X


          101 North 14'h Street l l'h floor• Richmond, Virginia 23219 • (804) 786-6585 • Fax (804) 786-9736
FY22 Annual SWaM Plan Compliance Report
Page 8 of8



    942         Virginia Museum of Natural History                                                                 X

    766         Virginia Parole Board                                                                              X

    407         Virginia Port Authority                                                                            X

    405         Virginia Racing Commission                                                                         X

    972         Virginia Resources Authority                                                                       X

    158         Virginia Retirement System                                                             Non-Compliant
    218         Virginia School for Deaf and Blind at Staunton                                                     X

     156        Virginia State Police                                                                              X

    320         Virginia Tourism Authority                                                                         X

     191        Virginia Worker's Compensation Commission                                                          X


Of the six agencies listed as non-compliant, five of the agencies submitted the SWaM plan in
the system for the Agency Director's approval. However, the SWaM plan was not approved
by the deadline. The remaining non-compliant agency failed to submit a SWaM plan.

In order to improve compliance with the provisions of § 2.2-4310, DSBSD makes the
following recommendations:

   1. Agencies should perform monthly adjustments in the Expenditure Dashboard to
      accurately reflect spend by SWaM category.
   2. Dashboard SWaM Plan Administrators should contact SBSD if the Agency Director
      or other users do not have an Active Expenditure Dashboard account.
   3. If agencies encounter difficulty completing or approving the SWaM Plan, they should
      utilize resources provided by SBSD designed to support them in the process.
   4. DSBSD will extend the 30-day time frame to submit SWaM plans to allow more time
      and flexibility for agencies and Agency Directors to submit and approve SWaM plans.

If you have any questions or comments, please feel free to contact me at
willis.morris@sbsd.virginia.gov or 804-3 71-8134.

Sincerely,


µ;fllA
Willis A. Morris, Director




             10 I Nonh I 4'h Street 11'1' floor • Richmond, Virginia 23219 • (804) 786-6585 • Fax (804) 786-9736


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