California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 10.5 - Disabled Veteran Business Enterprise Participation Goal Program for State Contracts › Article 1 - General Provisions › Section 1896.62 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The terms defined in this article shall have the
						following meaning whenever they appear in this subchapter and subchapter
						10.6:
(a) ALJ means Administrative Law
					 Judge, appointed by the Office of Administrative Hearings in accordance with
					 Government Code section
					 11502,
					 subdivision (b).
(b) Applicant
					 means a business that has submitted a request for certification as a Disabled
					 Veteran Business Enterprise with the Office of Small Business and DVBE Services
					 (OSDS).
(c) Awarding department is
					 as defined in Military and Veterans Code section
					 999,
					 subdivision (b)(2).
(d) Bid means
					 an offer made in response to a solicitation.
(e) Broker or Agent means any individual or
					 entity that does not have title, possession, control, and risk of loss of
					 materials, supplies, services, or equipment provided to an awarding
					 department.
(f) Commensurate means
					 corresponding in size, amount, degree; or proportion.
(g) Complete federal tax return means copies
					 of all forms, schedules, amendments (if any), and attachments as submitted to
					 the Internal Revenue Service.
(h)
					 Contract is as defined in Military and Veterans Code section
					 999,
					 subdivision (b)(4).
(i) Contractor
					 means any individual or entity that enters into a contract.
(j) Control, as subdivision (b)(10) of
					 section
					 999
					 of the Military and Veterans Code references, means the disabled veteran owners
					 and/or disabled veteran managers, have the power and authority to determine the
					 overall destiny and day-to-day operations of the business.
(k) Department or DGS means the Department of
					 General Services.
(l) Disabled
					 veteran (DV) means a veteran of the military, naval or air service of the
					 United States, including but not limited to, the Philippine Commonwealth Army,
					 the Regular Scouts ("Old Scouts"), and the Special Philippine Scouts ("New
					 Scouts"), who has at least a ten percent (10%) service-connected disability and
					 who is domiciled in the State of California.
(m) Disabled Veteran Business Enterprise or
					 DVBE is as defined in Military and Veterans Code section
					 999,
					 subdivision (b)(7).
(n)
					 Discontinuance means a gap in certification remediable by restoration of
					 certified status in accordance with section
					 1896.85.
(o) DVBE Joint Venture means one or more
					 DVBEs that have entered into a written agreement with at least one other
					 business to hold a minimum of fifty-one percent (51%) or more of the joint
					 venture's management, control, and earnings, and to engage in and carry out a
					 venture for which purpose they combine their efforts, property, money, skills
					 and/or knowledge.
(p) Foreign
					 corporation, foreign firm and foreign-based business has the same meaning as
					 Military and Veterans Code section
					 999,
					 subdivision (b)(8).
(q) Joint bid
					 means one bid submitted by two or more businesses.
(r) Non-disabled veteran (Non-DV) means any
					 individual who is not a Military and Veterans Code section
					 999,
					 subdivision (b)(7)(A) recognized DVBE.
(s) Office of Small Business and DVBE
					 Services (OSDS) means the organizational section of the Department of General
					 Services, Procurement Division, designated as the California Disabled Veteran
					 Business Program "administering agency" and charged with adopting DVBE
					 practices, policies, guidelines and regulations in accordance with the Military
					 and Veterans and Government Codes.
(t) Principal office is the physical location
					 where the business is headquartered, and where management, direction and
					 control of operations of the business originate and has the same meaning as
					 "home office" referenced in Military and Veterans Code section
					 999,
					 subdivision (b)(7)(A)(iii). Post office boxes (P.O. Box) and private mailboxes
					 (PMB) are not acceptable replacements for a physical business street
					 address.
(u) Solicitation is
					 defined in State Contracting Manual Volume 2, Chapter 4.B1.0.
(v) Subcontractor means the same as Military
					 and Veterans Code section
					 999.10,
					 subdivision (c).
1. New
						section filed 4-16-90; operative 5-16-90 (Register 90, No. 18).
2.
						Amendment of section heading, text and NOTE filed 11-4-93 as an emergency;
						operative 11-4-93 (Register 93, No. 45). A Certificate of Compliance must be
						transmitted to OAL by 3-7-94 or emergency language will be repealed by
						operation of law on the following day.
3. Amendment of section
						heading, text and NOTE refiled 2-23-94 as an emergency; operative 2-23-94
						(Register 94, No. 8). A Certificate of Compliance must be transmitted to OAL by
						6-23-94 or emergency language will be repealed by operation of law on the
						following day.
4. Editorial correction designating subsection (g)
						(Register 94, No. 8).
5. Certificate of Compliance as to 2-23-94
						order transmitted to OAL 6-23-94 with amendment of text and NOTE and filed
						8-5-94 (Register 94, No. 31).
6. Change without regulatory effect
						amending section and NOTE filed 4-30-98 pursuant to section
						100, title 1, California Code of
						Regulations (Register 98, No. 20).
7. Repealer and new section
						heading, section and NOTE filed 2-14-2013; operative 4-1-2013 (Register 2013,
						No. 7).
8. Amendment of subsection (l), repealer of subsections
						(l)(1)-(6), amendment of subsection (t) and amendment of NOTE filed 1-23-2017;
						operative 1-23-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2017, No. 4).
9. Amendment of section and NOTE filed
						11-29-2018; operative 1-1-2019 (Register 2018, No. 48).
10.
						Amendment of section and NOTE filed 6-29-2023; operative 6-29-2023 pursuant to
						Government Code section
						11343.4(b)(3)
						(Register 2023, No. 26).
Note: Authority cited: Sections
						  14600,
						  14615,
						  14839 and
						  14843,
						  Government Code; Sections
						  999
						  and
						  999.5,
						  Military and Veterans Code; and Section
						  10295,
						  Public Contract Code. Reference: Section
						  11502,
						  Government Code; Sections
						  999,
						  999.2
						  and
						  999.10,
						  Military and Veterans Code; and Sections
						  10115,
						  10115.1,
						  10115.2,
						  10115.3,
						  10115.10
						  and
						  10230,
						  Public Contract Code.