California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 11 - Employment and Economic Incentive Act Contract Preferences › Article 1 › Section 1896.100 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in these rules and regulations:
(a) "The Act" means the Employment and
					 Economic Incentive Act, commencing with section
					 7080 of
					 the California Government Code.
(b)
					 "Hire" means to employ on a full-time basis a person or persons for the purpose
					 of performing a contract in accordance with the provisions of the
					 Act.
(c) "Contract for goods" means
					 a contract for the purchase of materials, equipment, and supplies, but
					 excluding a contract with a governmental entity.
(d) "Contract for services" means a contract
					 for the rendering of personal or consultant services, but excluding a contract
					 with a governmental entity. For the purpose of this definition, personal
					 services shall be construed liberally so as to include services requiring
					 little or no discretion, such as but not limited to, blueprinting,
					 photofinishing, laboratory analysis, automobile repairs, office equipment
					 repairs, and reproduction services.
(e) "False Certification" means a
					 certification which, either by omission or inclusion, the certifying party
					 knows to be false or should have known to be false.
(f) "California-based company" means a
					 corporation or business, of which the principal office is located in
					 California, and the owners, or officers if the firm is a corporation, are
					 domiciled in California.
(g) "50
					 percent of the labor required" means one-half of the total employee hours
					 needed to perform the contract involved. In computing total employee hours with
					 respect to a contract for goods, the employee hours required for manufacturing
					 the goods offered shall be included regardless of whether a bidder is or is not
					 the manufacturer of the goods.
(h)
					 "Work force" as expressed in the Act means the total number of employees
					 required to directly fulfill the contract requirements as they are set forth in
					 the specifications and/or instructions at the time that bids are solicited by
					 the State. As used herein the term "work force" shall not include labor or
					 services which are merely incidental to the performance of the contract. This
					 exclusion shall include labor and/or services which are considered
					 administrative overhead/support that is not directly allocated to and budgeted
					 for the performance of the state contract for which a hiring preference,
					 authorized by sections(s) 7095(b) or 7095(d) of the Act, is granted.
(i) "Lowest responsible bid or proposal"
					 means that bid or proposal which pursuant to the criteria contained in the
					 solicitation document would be entitled to contract award without regard to any
					 preference.
(j) "Program area," in
					 addition to the definition contained in Government Code section
					 7082(i),
					 shall also mean an enterprise zone established in accordance with the
					 Enterprise Zone Act commencing with section
					 7070 of
					 the Government Code.
1. Change
						without regulatory effect renumbering former section
						1896.70 to section
						1896.100 filed 1-27-94 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 94, No. 4).
2. Relocation of subchapter 11
						heading and relocation and amendment of article 1 heading filed 8-5-94;
						operative 8-5-94 (Register 94, No. 31).
Note: Authority cited: Section
						  7099,
						  Government Code. Reference: Sections
						  7080,
						  7082,
						  7095 and
						  7097,
						  Government Code.