reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 7 - Office of Procurement › Article 2 - Purchases on Behalf of Local Agencies › Section 1895.14 - Cost Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On request, the State shall distribute cost information
						to local agencies in two ways, (1) a list of selected non-contract "indicator"
						commodities covering a range of product areas shall be periodically compiled so
						that local agencies have some insight into prices obtained by the State and (2)
						annual State contract bid invitations and notifications which contain cost and
						specification information adequate for local agency
						evaluation.
1.
						Editorial correction of NOTE filed 10-22-82 (Register 82, No.
						43).
2. Amendment filed 3-4-83; effective thirtieth day thereafter
						(Register 83, No. 10).
3. Editorial correction of NOTE filed 3-8-84
						(Register 84, No. 10).
Note: Authority cited: Section
						  10324,
						  Public Contract Code. Reference: Section
						  10325,
						  Public Contract Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 7 - Office of Procurement › Article 2 - Purchases on Behalf of Local Agencies › Section 1895.15 - Emergency Purchases-Justification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Editorial correction of NOTE filed 10-22-82 (Register 82, No.
						43).
2. Repealer filed 10-22-82 by OAL pursuant to Government Code
						Section
						11349.7(j)
						(Register 82, No. 43).
Note: Authority cited: Section
						  14814,
						  Government Code. Reference: Section
						  14809,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 7 - Office of Procurement › Article 2 - Purchases on Behalf of Local Agencies › Section 1895.16 - Late or Defective Deliveries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After issuance of the Purchase Order by the State Office
						of Procurement to the vendor, the State Office of Procurement shall have no
						further responsibility with regard to the purchase. It shall be the
						responsibility of the local agency to deal directly with the vendor concerning
						any late or defective delivery.
1.
						Editorial correction of NOTE filed 10-22-82 (Register 82, No.
						43).
2. Editorial correction of NOTE filed 3-8-84 (Register 84, No.
						10).
Note: Authority cited: Section
						  10329,
						  Public Contract Code. Reference: Section
						  10324,
						  Public Contract Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 8 - Office of Small Business Procurement and Contracts › Article 1 - General Provisions › Section 1896 - Purpose of Subchapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This subchapter sets forth the rules, roles,
						responsibilities, and rights of businesses and the state as they pertain to
						small business certification; and it describes how preferential bid
						consideration is obtained by small businesses and non-small business
						contractors.
1. New
						Subchapter 8 (Sections
						1896,
						1896.2,
						1896.20 and
						1896.30) filed 4-19-74 as an
						emergency; designated effective 5-1-74. Certificate of Compliance included
						(Register 74, No. 16).
2. Amendment of subsections (k)(3) and (l)(1)
						filed 12-31-75 as an emergency; designated effective 1-1-76 (Register 76, No.
						1).
3. Amendment of subsections (k) and (l) filed 6-19-78; effective
						thirtieth day thereafter (Register 78, No. 25).
4. Amendment filed
						9-25-78; effective thirtieth day thereafter (Register 78, No.
						39).
5. Amendment of subsection (m)(1)(B) filed 10-13-78; effective
						thirtieth day thereafter (Register 78, No. 42).
6. Editorial
						correction of NOTE filed 12-6-82 (Register 82, No. 50).
7. Amendment
						of subsections (l) and (m) and new subsection (n) filed 10-7-85; effective upon
						filing pursuant to Government Code Section
						11346.2(d)
						(Register 85, No. 41).
8. Amendment filed 6-6-88 as an emergency;
						operative 6-6-88 (Register 88, No. 25). A Certificate of Compliance must be
						transmitted to OAL within 120 days or emergency language will be repealed on
						10-4-88.
9. Certificate of Compliance including amendment of
						subsection (k) transmitted to OAL 10-4-88 and filed 11-2-88 (Register 88, No.
						46).
10. Change without regulatory effect amending section filed
						3-30-99 pursuant to section
						100, title 1, California Code of
						Regulations (Register 99, No. 14).
11. Repealer and new section
						filed 8-10-2004; operative 9-9-2004 (Register 2004, No. 33).
12.
						Amendment of section and NOTE filed 1-23-2017; operative 1-23-2017 pursuant to
						Government Code section
						11343.4(b)(3)
						(Register 2017, No. 4).
Note: Authority cited: Sections
						  14837 and
						  14843,
						  Government Code. Reference: Sections
						  14835,
						  14836,
						  14838 and
						  14839.1,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 8 - Office of Small Business Procurement and Contracts › Article 1 - General Provisions › Section 1896.2 - Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall have the sole responsibility for
						certifying and determining the eligibility of small businesses and
						microbusinesses pursuant to the provisions of the Small Business Procurement
						and Contract Act (henceforth, "Act"), Article 1 of Chapter 6.5, Part 5.5 of
						Division 3, Title 2, Government Code, commencing with section
						14835. The Department's Office of
						Small Business and Disabled Veteran Business Enterprise Services (OSDS) shall
						carry out the regulatory and statutory responsibilities necessary for the
						promulgation of the Act.
When authorized by the applicant, the OSDS may share
						certification data and information with other state, federal, or local agencies
						and for purposes authorized by law of enabling the applicant to become
						certified as a small business with other public agencies.
1.
						Amendment filed 9-25-78; effective thirtieth day thereafter (Register 78, No.
						39).
2. Editorial correction of NOTE filed 12-6-82 (Register 82, No.
						50).
3. Amendment filed 6-6-88 as an emergency; operative 6-6-88
						(Register 88, No. 25). A Certificate of Compliance must be transmitted to OAL
						within 120 days or emergency language will be repealed on
						10-4-88.
4. Certificate of Compliance transmitted to OAL 10-4-88 and
						filed 11-2-88 (Register 88, No. 46).
5. Repealer of article 2
						heading and repealer and new section filed 8-10-2004; operative 9-9-2004
						(Register 2004, No. 33).
6. Amendment of section and NOTE filed
						1-23-2017; operative 1-23-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2017, No. 4).
7. Amendment 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
						  14837,
						  14839.1
						  and
						  14843,
						  Government Code. Reference: Sections
						  14600,
						  14835,
						  14837,
						  14839 and
						  14842.5,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 8 - Office of Small Business Procurement and Contracts › Article 1 - General Provisions › Section 1896.4 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The terms defined in this article shall have the
						following meanings whenever they appear in this subchapter:
(a) Affiliate or affiliation refers to a
					 relationship of direct or indirect control or shared interests, as determined
					 in section 1896.12, subdivision (d)(6),
					 between the applicant or a small business and another business.
(b) ALJ means Administrative Law Judge
					 appointed by the Office of Administrative Hearings in accordance with
					 Government Code section
					 11502,
					 subdivision (b).
(c) Applicant
					 means a business that has filed for certification as a small business with
					 OSDS.
(d) Assignment means a
					 transfer of all or part of one's property, interest, rights, or
					 responsibility.
(e) Awarding
					 department means a state agency, department, office, board, commission, and any
					 other entity empowered by law to enter into contracts on behalf of the State of
					 California.
(f) Bid means an offer
					 made in response to a solicitation.
(g) Business means an entity organized for
					 profit including, but not limited to, sole proprietorship, partnership, limited
					 liability partnership, corporation, limited liability company, joint venture,
					 association or cooperative.
(h)
					 Contract means an agreement made by an individual or business which secures
					 services, supplies, equipment or other such considerations for or on behalf of
					 the state.
(i) Control means having
					 the power and authority to direct the overall destiny and/or day-to-day
					 operations of the business.
(j)
					 Department means the Department of General Services.
(k) Disabled Veteran Business Enterprise
					 (DVBE) means a business defined in the Military and Veterans Code section
					 999,
					 subdivision (b)(7)(A).
(l)
					 Discontinuance means an interruption in certification pursuant to section
					 1896.17 subdivision (b), remediable
					 by restoration to the certified status in accordance with section
					 1896.17, subdivision (c).
(m) Employee means an employed individual
					 that is:
(1) Reported as an employee to the
					 State of California, Employment Development Department (EDD) on the business's
					 Quarterly Contribution Return and Report of Wages or other format accepted by
					 EDD; or
(2) Reported as an employee
					 by the business on another state's report equivalent to the EDD's Quarterly
					 Contribution Return and Report of Wages; or
(3) A person whose wages are reported to EDD
					 on behalf of the business by a professional employer organization (PEO) or
					 other human resource entities.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 8 - Office of Small Business Procurement and Contracts › Article 2 - Small Business Participation and Preferences › Section 1896.5 - Small Business Participation Goals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of Government Code section
						14838(f),
						all state agencies shall implement internal procedures on how to regularly
						search for, identify, contact, and include in solicitations certified firms
						that either have not previously done business with or that are not regularly
						used by the awarding department and other state agencies, and how to document
						these actions in the procurement/contract files.
(a) In order to achieve the overall required
					 twenty-five (25%) small business participation goal on the total awarded
					 contracts, departments may set contract-specific small business participation
					 goal requirements. When setting contract-specific small business participation
					 goals, for each specific solicitation leading to a contract award, the highest
					 ranking executive or designee of an awarding department shall establish an
					 appropriate small business participation requirement. Determining factors for
					 setting an appropriate level of small business participation, as either a prime
					 contractor, subcontractor, or supplier, include but are not limited to:
(1) The elements of work reasonably support
					 the specified level of small business participation.
(2) A search of the OSDS certification
					 database indicates sufficient small businesses to perform the work.
(3) Small business prime contractors,
					 subcontractors, or suppliers have performed elements of the work on similar
					 contracts.
(4) Bidders historically
					 have achieved or have not achieved small business participation on similar
					 contracts.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 8 - Office of Small Business Procurement and Contracts › Article 2 - Small Business Participation and Preferences › Section 1896.6 - Application of the Small Business and Non-Small Business Preferences

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A small
					 business will be granted the five percent (5%) small business preference on a
					 bid evaluation by an awarding department when a responsible non-small business
					 has submitted the lowest-priced, responsive bid or a bid that has been ranked
					 as the highest scored bid pursuant to a solicitation evaluation method
					 described in section
					 1896.8, and when the small business
					 does all of the following:
(1) Has included
					 in its bid a notification to the awarding department that it is a small
					 business or that it has submitted to OSDS a complete application pursuant to
					 section 1896.14, subdivision (a) no later
					 than the end of the bid due date, and is subsequently certified by OSDS as a
					 small business; and
(2) Has
					 submitted a timely, responsive bid; and
(3) Is determined to be a responsible
					 bidder.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 8 - Office of Small Business Procurement and Contracts › Article 2 - Small Business Participation and Preferences › Section 1896.8 - Computing the Small Business and the Non-Small Business Preferences

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Awards Made to
					 the Lowest Responsive, Responsible Bidder
(1)
					 The five percent (5%) small business or non-small business subcontracting
					 preferences are used for bid evaluation purposes when determining a contract
					 award in the following situations:
(A) There
					 is at least one (1) small business competing, and award of the contract will be
					 made to the lowest responsive, responsible bidder. The preference shall be
					 computed as follows:
1. Five percent (5%) is
					 computed from the lowest, responsive and responsible bid of a business that is
					 not a small business. This results in the preference amount.
2. The preference amount is subtracted from
					 the small business' bid amount.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 8 - Office of Small Business Procurement and Contracts › Article 2 - Small Business Participation and Preferences › Section 1896.10 - Substitution of a Small Business Subcontractor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After a contract has been awarded based
					 in part on application of the non-small business subcontracting preference, the
					 contractor must use the small business subcontractor(s) and/or supplier(s)
					 specifically proposed in the bid to the state unless, in accordance with the
					 provisions of the Subletting and Subcontracting Fair Practices Act (§
											4100 et seq., Public Contract
					 Code), a substitution is requested in writing to the awarding department and
					 the awarding department approves the substitution in writing prior to the
					 commencement of any work by the substituted small business. The substitution
					 request must include at least the following:
(1) An explanation of the reason for the
					 substitution.
(2) The contractor
					 must substitute a small business with another small business. However, if the
					 small business substitution cannot occur, the contractor must include a written
					 justification and the steps that were taken to try to acquire a new small
					 business subcontractor and how that portion of the contract will be
					 fulfilled.
(3) A description of the
					 work to be performed, identified both as a task(s) and as a dollar amount or
					 percentage of the overall contract that the substituted business will perform.
					 The substituted business(es), if approved, shall be required to perform a
					 commercially useful function in the contract as defined in section
					 1896.15.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 8 - Office of Small Business Procurement and Contracts › Article 3 - Small Business Eligibility, Certification Process and Responsibilities › Section 1896.12 - Eligibility for Certification as a Small Business

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be eligible for certification as a
					 small business, a business must meet all of the following qualifying criteria:
(1) It is independently owned and operated;
					 and
(2) Its principal office is
					 located in California; and
(3) The
					 officers of the business (in the case of a corporation); officers and/or
					 managers, or in the absence of officers and/or managers, all members in the
					 case of a limited liability company; partners in the case of a partnership; or
					 the owner(s) in all other cases, are domiciled in California; and
(4) It is not dominant in its field of
					 operation(s), and
(5) It is either:
(A) A business that, together with all
					 affiliates, has one hundred (100) or fewer employees, and annual gross receipts
					 of fifteen million dollars ($15,000,000) or less as averaged for the previous
					 three (3) tax years, as biennially adjusted by the Department in accordance
					 with Government Code section
					 14837,
					 subdivision (d)(3) (If the business or its affiliate(s) has been in existence
					 for less than three (3) tax years, then the GAR will be based upon the number
					 of years in existence); or
(B) A
					 manufacturer as defined herein that, together with all affiliates, has one
					 hundred (100) or fewer employees.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 8 - Office of Small Business Procurement and Contracts › Article 3 - Small Business Eligibility, Certification Process and Responsibilities › Section 1896.13 - Eligibility for Certification as a Small Business for the Purpose of Public Works

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
					 be eligible for certification as a small business for the purpose of public
					 works, a business shall meet all of the qualifying criteria in subdivisions
					 (a)(1)-(4) of section
					 1896.12, and in addition, shall be
					 a business that, together with all affiliates, has two hundred (200) or fewer
					 employees, and average annual gross receipts of thirty-six million dollars
					 ($36,000,000) or less over the previous three (3) tax years, as biennially
					 adjusted in accordance with Government Code section
					 14837,
					 subdivision (d)(3) (If the business or its affiliate(s) has been in existence
					 for less than three (3) tax years, then the GAR will be based upon the number
					 of years in existence). Subdivisions (c), (d), (e), (f), (g) and (i) of section
					 1896.12 may apply to certification
					 eligibility as a Small Business for the purpose of public works.
1. New
						section filed 11-8-2018; operative 1-1-2019 (Register 2018, No.
						45).
2. Amendment 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,
						  14837,
						  14839 and
						  14843,
						  Government Code. Reference: Sections
						  927.2,
						  14615,
						  14837,
						  14838,
						  14839 and
						  14839.1,
						  Government Code; and Section
						  999.51,
						  Military and Veterans Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 8 - Office of Small Business Procurement and Contracts › Article 3 - Small Business Eligibility, Certification Process and Responsibilities › Section 1896.14 - Responsibilities of the Applicant Small Business

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order to be considered by OSDS for
					 certification as a small business, a business must:
(1) Apply electronically via
https://caleprocure.ca.gov/pages/sbdvbe-index.aspx
.
					 Applicants who do not have access to a computer may submit a completed hard
					 copy of the Request for Small Business, Small Business for the Purpose of
					 Public Works and/or Disabled Veteran Business Enterprise Certification
					 (Application) DGS PD 812 (Rev. 09/2019), incorporated by reference, obtained at
http://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/pd_812.pdf
to OSDS. The application must include all required substantiating documentation
					 and information that supports the business' eligibility at the time of
					 application for small business certification under the Small Business
					 Procurement and Contract Act; and
(2) Meet all eligibility requirements as set
					 forth in section
					 1896.12.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 8 - Office of Small Business Procurement and Contracts › Article 3 - Small Business Eligibility, Certification Process and Responsibilities › Section 1896.15 - Definition and Determination of Commercially Useful Function (CUF)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A certified
					 small business contractor, subcontractor or supplier of goods and/or services
					 that contributes to the fulfillment of the contract requirements, shall perform
					 a Commercially Useful Function (CUF) for each contract.
(b) A small business contractor,
					 subcontractor, or a supplier of goods and/or services is deemed to perform a
					 CUF if the business does all of the following:
(1) Is responsible for the execution of a
					 distinct element of the work of the contract (including the supplying of
					 services and goods);
(2) Carries
					 out its obligation by actually performing, managing, or supervising the work
					 involved;
(3) Performs work that is
					 normal for its business services and functions;
(4) Is responsible, with respect to products,
					 inventories, materials and supplies required for the contract, for negotiating
					 price, determining quality and quantity, ordering, installing, if applicable,
					 and making payment.
(5) Is not
					 further subcontracting a portion of the work that is greater than that expected
					 to be subcontracted by normal industry practices.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 8 - Office of Small Business Procurement and Contracts › Article 3 - Small Business Eligibility, Certification Process and Responsibilities › Section 1896.16 - Certified Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 business meeting the eligibility and certification requirements set forth
					 herein shall be certified as a small business, accorded all rights and
					 privileges due pursuant to that certification, and included in the statewide
					 directory of certified small businesses maintained by the OSDS.
(b) A certified small business meeting the
					 microbusiness eligibility requirements is also designated a microbusiness. If
					 the business exceeds the eligibility requirements for microbusiness designation
					 at any time during the certification period, the microbusiness designation
					 automatically ceases.
(c) It is the
					 responsibility of the business to remain eligible for certification by
					 maintaining all eligibility requirements throughout their certification period.
					 A small business must promptly provide written notification to OSDS of any
					 changes, including but not limited to, operation or ownership, and knowledge of
					 changes that could affect a firm's continuing eligibility, e.g., exceeding the
					 GAR limits and domicile, during its certification period. Should a small
					 business be sold during its certification period, the certification ceases and
					 certification is not transferable to new owners. New owners may seek
					 certification in accordance with section
					 1896.14.
(d) Certification shall be issued for twenty
					 four (24) months. OSDS, in its discretion, may issue certifications of shorter
					 durations, on a case-by-case basis, in accordance with the requirements
					 referenced in section
					 1896.12. In addition, OSDS may
					 extend the length of certification as long as the total period of
					 certification, including sequential extensions, does not exceed sixty (60)
					 months.
(e) Small businesses may
					 apply for recertification in the manner set forth in section
					 1896.14, within ninety (90) days
					 prior to expiration of an existing certification.
(1) Requests for recertification, electronic
					 or paper, may not be submitted earlier than ninety (90) calendar days before
					 the certification expires.
(2)
					 Unless otherwise instructed by OSDS because OSDS already possesses the
					 necessary updated information, the recertification request must contain updated
					 information in order to demonstrate continued eligibility.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 8 - Office of Small Business Procurement and Contracts › Article 3 - Small Business Eligibility, Certification Process and Responsibilities › Section 1896.17 - Denied, Discontinued or Revoked Certification and the Imposition of Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 A business' request for small business certification (application) will be
					 denied on any of the following grounds:
(1) A
					 business does not meet the eligibility requirements for certification, submits
					 insufficient documentation to demonstrate eligibility, or does not respond to
					 requests from OSDS for additional information by the date and time
					 specified.
(2) The application and
					 supporting documents, including any additional information subsequently
					 provided by the business for correction, amendments and/or clarification, do
					 not meet the eligibility requirements.
(3) When the application for certification is
					 submitted by a business or one or more principals of a business (new or
					 existing) that is formed, financed by, or affiliated with a business suspended
					 from contracting with the state of California, or whose certifications have
					 been revoked, in accordance with Government Code section
					 14842 or
					 14842.5 or
					 Military and Veterans Code section
					 999.9.
(4) Applicants without an active status with
					 the California Secretary of State or Contractors State License Board, when
					 legally required to do so.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 8 - Office of Small Business Procurement and Contracts › Article 5 - 5. Appeals › Section 1896.22 - Appeal of Certification Denial, Discontinuance, or the Imposition of Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 A business, having been denied certification as a small business, or having
					 been provided written notice by OSDS of its intention to discontinue
					 certification of the business as a small business, or of its intention to
					 impose sanctions, has thirty (30) calendar days from the date of the written
					 notice to appeal the Department's determination. Appeals are not available for
					 denials on the ground that the business did not respond to OSDS' request for
					 additional information as specified in subdivision (f).
(b) OSDS will specify the appeal deadline in
					 its notice. The appeal shall be in writing, signed, dated, and include a
					 detailed written statement of the facts supporting the appeal as subdivision
					 (c) requires.
(c) Grounds for
					 appeal shall be on any of the following areas:
(1) The applicant should have been certified
					 as a small business based on the information contained in the application
					 including, if applicable, supplemental material submitted to OSDS upon its
					 request, as of the date of the notice of certification denial.
(2) The business should remain certified as a
					 small business based on the information contained in the application,
					 including, if applicable, supplemental material submitted to OSDS upon its
					 request, as of the date of the determination.
(3) Sanctions should not be imposed, because
					 one or more of the just causes or conditions set forth in Government Code
					 section
					 14840,
					 14842 or
					 14842.5,
					 as applicable, did not exist.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 8 - Office of Small Business Procurement and Contracts › Article 5 - 5. Appeals › Section 1896.24 - Appeal Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Appeal hearings shall be conducted, for the purposes of
						this subchapter, in accordance with the Administrative Procedure Act, Chapter
						5, Part 1 of Division 3, Title 2, Government Code, commencing with section
						11500. The ALJ has sole discretion
						as to whether to conduct a hearing, or proceed with a decision based solely on
						the written material. If a hearing is held, the ALJ shall have discretion to
						limit the number of witnesses and the time allocated to each, and authority to
						permit or limit cross-examination. There shall be no right to take depositions,
						issue interrogatories, and accept submission of non-party Amicus Briefs or
						documents.
1.
						Renumbering and amendment of former section
						1896.20 to section
						1896.24 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
						  14837 and
						  14843,
						  Government Code. Reference: Sections
						  11500,
						  11501,
						  11502,
						  11503,
						  11504,
						  11504.5,
						  11505,
						  11506,
						  11507,
						  11507.3,
						  11507.5,
						  11507.6,
						  11507.7,
						  11508,
						  11509,
						  11511.5,
						  11511.7,
						  11512,
						  11513,
						  11514,
						  11515,
						  11516,
						  11517,
						  11518,
						  11518.5,
						  11519,
						  11520,
						  11521,
						  11523,
						  11524,
						  11526,
						  11527 and
						  11528,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 8 - Office of Small Business Procurement and Contracts › Article 5 - 5. Appeals › Section 1896.26 - Appeal Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The ALJ shall uphold or deny the appeal, and may impose
						sanctions, in accordance with Government Code sections
						14842 and
						14842.5.
1.
						Renumbering and amendment of former section
						1896.22 to new section
						1896.26 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
						  14837 and
						  14843,
						  Government Code. Reference: Sections
						  11519,
						  14842 and
						  14842.5,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 9 - Small and Minority Business Procurement and Assistance Division-Target Area Contract Preference Act › Article 1 - General Provisions › Section 1896.30 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in these rules and regulations:
(a) "The Act" means the Target Area Contract
					 Preference Act, commencing with Section
					 4530 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
					 employed for performance of the contract involved.
(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.
1. New
						Subchapter 9 (Article 1, Sections
						1896.30-1896.41) filed 8-3-82;
						effective thirtieth day thereafter (Register 82, No.
						32).
Note: Authority cited: Section
						  4535.3,
						  Government Code. Reference: Sections
						  4530,
						  4533,
						  4533.1,
						  4534 and
						  4534.1,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 9 - Small and Minority Business Procurement and Assistance Division-Target Area Contract Preference Act › Article 1 - General Provisions › Section 1896.31 - Worksite Preference/Contract for Goods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a state agency prepares an invitation for bid
						(IFB) for a contract for the purchase of goods, the cost of which is estimated
						to be in excess of $100,000, except a contract where the worksite will be fixed
						by the terms of the contract, provision shall be made in the IFB for a 5
						percent preference for California based companies who certify under the penalty
						of perjury that no less than 50 percent of the labor required to perform the
						contract shall be accomplished at a worksite or worksites located in a
						distressed area.
Note: Authority cited: Section
						  4535.3,
						  Government Code. Reference: Section
						  4533,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 9 - Small and Minority Business Procurement and Assistance Division-Target Area Contract Preference Act › Article 1 - General Provisions › Section 1896.32 - Hiring Preference/Contract for Goods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where a bidder complies with the provisions of rule
						1896.31 the state shall award additional preferences ranging from 1 percent to
						4 percent in accordance with Government Code Section
						4533.1 if
						the bidder certifies under penalty o perjury it will hire the specified
						percentage of persons with high risk of unemployment during the period of
						contract performance.
Note: Authority cited: Section
						  4535.3,
						  Government Code. Reference: Section
						  4533.1,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 9 - Small and Minority Business Procurement and Assistance Division-Target Area Contract Preference Act › Article 1 - General Provisions › Section 1896.33 - Application of Preferences/Contract for Goods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Preferences provided for by sections
						1896.31 and
						1896.32 for a contract for goods
						shall be granted in an amount equal to a corresponding percentage of the lowest
						responsible bid: provided, however, that for contract award purposes the total
						of any preferences for which the low responsible bidder qualifies under any
						provision of law shall be deducted from the total of any preferences to which a
						higher bidder may be entitled.
Note: Authority cited: Section
						  4535.3,
						  Government Code. Reference: Sections
						  4533,
						  4533.1,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 9 - Small and Minority Business Procurement and Assistance Division-Target Area Contract Preference Act › Article 1 - General Provisions › Section 1896.34 - Worksite Preference/Contract for Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a state agency prepares an IFB or a request for
						proposals (RFP) for a contract for services, the cost of which is estimated to
						be in excess of $100,000, except an IFB or a RFP where the worksite is fixed by
						the terms of the contract, provision shall be made in the IFB or the RFP for a
						5 percent preference on the price submitted by California based companies who
						certify under penalty of perjury that they shall perform the contract at a
						worksite or worksites located in a distressed area.
Note: Authority cited: Section
						  4535.3,
						  Government Code. Reference: Section
						  4534,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 9 - Small and Minority Business Procurement and Assistance Division-Target Area Contract Preference Act › Article 1 - General Provisions › Section 1896.35 - Hiring Preference/Contract for Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where a bidder complies with the provisions of rule
						1896.34 the state shall award additional preferences ranging from 1 percent to
						4 percent in accordance with Government Code Section
						4534.1 if
						the bidder certifies under penalty of perjury it will hire the specified
						percentages of persons with high risk of unemployment for contract
						performance.
Note: Authority cited: Section
						  4535.3,
						  Government Code. Reference: Section
						  4534.1,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 9 - Small and Minority Business Procurement and Assistance Division-Target Area Contract Preference Act › Article 1 - General Provisions › Section 1896.36 - Application of Preference/Contract for Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Preferences provided for by sections
						1896.34 and
						1896.35 for a contract for services
						shall be granted in an amount equal to a corresponding percentage of the price
						offered by the lowest responsible bid or the lowest responsible proposal:
						provided, however, that for contract award purposes the total of any
						preferences for which the low responsible bidder qualifies under any provision
						of law shall be deducted from the total of any preferences to which a higher
						bidder may be entitled.
Note: Authority cited: Section
						  4535.3,
						  Government Code. Reference: Sections
						  4534,
						  4534.1,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 9 - Small and Minority Business Procurement and Assistance Division-Target Area Contract Preference Act › Article 1 - General Provisions › Section 1896.37 - Low Bid or Proposal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No preference provided for under Article 1 shall be
						granted unless the lowest responsible bid or proposal received is in excess of
						$100,000: provided, further, that if a state awarding authority has reserved
						the right in its Invitation for Bids or Request for Proposals to award multiple
						contracts on the basis of individual items, no preference provided for under
						Article 1 shall be granted for the purpose of a multiple contract award unless
						the lowest responsible bid or proposal submitted for a particular individual
						item or group of items that is the basis for contract award, is in excess of
						$100,000.
1.
						Editorial correction filed 8-10-82; designated effective 9-2-82 (Register 82,
						No. 32).
2. Editorial correction of printing error (Register 82, No.
						40).
Note: Authority cited: Section
						  4535.3,
						  Government Code. Reference: Sections
						  4533 and
						  4534,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 9 - Small and Minority Business Procurement and Assistance Division-Target Area Contract Preference Act › Article 1 - General Provisions › Section 1896.38 - Assistance to Bidders/Department of General Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department of General Services with the cooperation
						of the State Office of Planning and Research shall assist prospective bidders
						in identifying those areas of the state which qualify as distressed areas under
						the Act and by otherwise being of general assistance.
Note: Authority cited: Section
						  4535.3,
						  Government Code. Reference: Section
						  4532(d),
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 9 - Small and Minority Business Procurement and Assistance Division-Target Area Contract Preference Act › Article 1 - General Provisions › Section 1896.39 - Assistance to Bidders/Employment Development Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Employment Development Department shall assist
						bidders seeking to certify that they will employ persons with high risk of
						unemployment in recruiting eligible job applicants and shall certify such
						applicants, except youths participating in qualified cooperative education
						programs who shall otherwise be certified.
Note: Authority cited: Section
						  4535.3, Government
						  code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 9 - Small and Minority Business Procurement and Assistance Division-Target Area Contract Preference Act › Article 1 - General Provisions › Section 1896.40 - Contract Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All IFB's and RFP's and contracts prepared by a state
						agency relative to contracts for goods or for services which will, or are
						estimated to exceed $100,000 in cost, and which are subject to the provisions
						of the Act, will include either expressly or by reference the following:
(a) Contractor or vendor agrees to comply
					 with the requirements of the Target Area Contract Preference Act (Government
					 Code Section
					 4530, et
					 seq.) and attendant rules and regulations. (Title 2, California Administrative
					 Code, Section
					 1896.30, et seq.).
(b) Contractor or vendor agrees that the
					 state contracting agency, or its delegee, will have the right to inspect its
					 facilities and operations and to inspect, review, obtain, and copy all records
					 pertaining to performance of the contract or compliance with the requirements
					 of the Act and attendant rules and regulations. Contractor or vendor further
					 agrees that such records shall be maintained for a period of three (3) years
					 after final payment under the contract.
(c) Contractor or vendor agrees with respect
					 to a certification to hire persons with high risk of unemployment, to:
(1) Act in good faith for the purpose of
					 maintaining such persons as employees for the duration of contract performance;
					 and
(2) To make a reasonable effort
					 to replace such persons, who for any reason permanently cease to be on the
					 payroll, with other persons with high risk of unemployment; and
(3) To promptly report to the state
					 contracting agency and thereafter confirm in writing within seven (7) days the
					 names of any such persons who have been terminated or absent from work for more
					 than three (3) consecutive work days and to communicate the reasons for the
					 termination or absence. The contractor or vendor agrees under such
					 circumstances to consult with the state contracting agency and the Employment
					 Development Department with respect to replacement of such
					 persons.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 9 - Small and Minority Business Procurement and Assistance Division-Target Area Contract Preference Act › Article 1 - General Provisions › Section 1896.41 - Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The state contracting agency shall be responsible for
						conducting the hearings authorized by Government Code Section
						4535.1
						relative to contract awards obtained due to the furnishing of a false
						certification. The state contracting agency may enter into an agreement for the
						purpose of having another state agency or office conduct such hearings and to
						furnish the state contracting agency with a report of findings and a
						recommendation.
Note: Authority cited: Section
						  4535.3,
						  Government Code. Reference: Section
						  4535.1,
						  Government Code.