reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 10 - Small Business Office-Late Payments on State Contracts with Small Businesses › Section 1896.50 - Small Business Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of determining whether a business qualifies
					 for the penalty established by Government Code Section
					 926.15,
					 the following definitions of small business shall apply:
(a) "Small Business," as used with regard to
				  a construction contractor, means an individual or enterprise qualifying for the
				  small business preference under Title 2, Subchapter 8, Section
				  1896 (
l
) of this
				  code.
(b) "Small Business," as used
				  with regard to an agreement for the purchase, lease or rental (with option to
				  purchase) of goods, means an individual or enterprise qualifying for the small
				  business preference under Title 2, Subchapter 8, Section
				  1896(m) of this
				  code.
(c) "Small Business" as used
				  with regard to a Service firm means an individual or enterprise qualifying for
				  the small business preference under Title 2, Subchapter 8, Section
				  1896(n) of this
				  code.
1. New
					 Subchapter 10 (Sections
					 1896.50 and
					 1896.51) filed 6-7-83; designated
					 effective 6-8-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 24).
2. Amendment filed 10-7-85; effective upon
					 filing pursuant to Government Code Section
					 11346.2(d)
					 (Register 85, No. 41).
Note: Authority cited: Sections
						926.15(e)
						and
						14843,
						Government Code. Reference: Sections
						926.15 and
						14839.1,
						Government Code; and Sections
						1896(l), (m) and
						(n), California Administrative Code; and
						Section
						1101,
						Public Contract Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 10 - Small Business Office-Late Payments on State Contracts with Small Businesses › Section 1896.51 - Affiliation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The standards for, and definition of "affiliation" under
					 this subchapter shall be the same as those established by Title 2, Subchapter
					 8, Section 1896(a) of this
					 code.
Note: Authority cited: Sections
						926.15(e)
						and
						14843,
						Government Code. Reference: Sections
						926.15(e),
						Government Code; and Section
						1896(a),
						California Administrative Code.
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 1896.60 - Purpose of Subchapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this subchapter is to set forth the rules
						for participation in the Disabled Veteran Business Enterprise (DVBE) program;
						and the rules, roles, responsibilities and rights of businesses and the state
						as they pertain to DVBE participation goals and certification.
1. New
						section filed 4-16-90; operative 5-16-90 (Register 90, No. 18).
2.
						Amendment of subchapter heading 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. Change without regulatory effect amending
						subchapter heading, section and NOTE filed 4-30-98 pursuant to section
						100, title 1, California Code of
						Regulations (Register 98, No. 20).
4. New article 1 heading and
						repealer and new section heading, section and NOTE filed 2-14-2013; operative
						4-1-2013 (Register 2013, No. 7).
5. Amendment of section and NOTE
						filed 11-29-2018; operative 1-1-2019 (Register 2018, No. 48).
6.
						Amendment of 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 and
						  14839,
						  Government Code; and Section
						  999.5,
						  Military and Veterans Code. Reference: Sections
						  14837 and
						  14839,
						  Government Code; Sections
						  999,
						  999.2,
						  999.5,
						  999.6
						  and
						  999.9,
						  Military and Veterans Code; Sections
						  10115,
						  10115.9
						  and
						  10230,
						  Public Contract Code; Executive Order (EO) D-43-01; and Monterey Mechanical Co.
						  v. Wilson, 125 F.3d 702 (9th Cir. 1997), rehearing denied, 138 F.3d 1270 (March
						  9, 1998).
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 1896.63 - Good Faith Effort. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 4-16-90; operative 5-16-90 (Register 90, No. 18).
2.
						Amendment of section 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 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. Certificate of
						Compliance as to 2-23-94 order transmitted to OAL 6-23-94 with amendment of
						subsection (a), new subsection (b) and subsection resdesignation, and amendment
						of subsections (d)(1) and (d)(3)(C) filed 8-5-94 (Register 94, No.
						31).
5. 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).
6. Repealer filed 2-14-2013;
						operative 4-1-2013 (Register 2013, No. 7).
Note: Authority cited: Sections
						  14600 and
						  14615,
						  Government Code; and Sections
						  10115.3(b)
						  and
						  10295,
						  Public Contract Code, and Section
						  999.5(b),
						  Military and Veterans Code. Reference: Sections
						  10115
						  and
						  10115.2,
						  Public Contract Code; and Section
						  999.5(b),
						  Military and Veterans Code; and Monterey Mechanical Co. v. Wilson, 125 F.3d 702
						  (9th Cir. 1997), rehearing denied, _____F.3d _____ (March 9,
						  1998).
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 1896.64 - Contract Awards. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 4-16-90; operative 5-16-90 (Register 90, No. 18).
2.
						New subsection (c) and amendment of 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. New subsection (c) and
						amendment of 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. Certificate of Compliance as to 2-23-94 order transmitted to
						OAL 6-23-94 with amendment of subsection (b), repealer and new subsection
						(c)(1), and amendment of subsections (c)(1)(B)-(C) and NOTE filed 8-5-94
						(Register 94, No. 31).
5. New subsection (d) and amendment of NOTE
						filed 8-5-94 as an emergency; operative 8-5-94 (Register 94, No. 31). A
						Certificate of Compliance must be transmitted to OAL by 12-3-94 or emergency
						language will be repealed by operation of law on the following
						day.
6. Editorial correction amending subsection (d)(7) (Register
						94, No. 39).
7. Certificate of Compliance as to 8-5-94 order
						including amendment of subsection (d)(6) transmitted to OAL 11-4-94 and filed
						12-20-94 (Register 94, No. 51).
8. 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).
9. Repealer filed 2-14-2013;
						operative 4-1-2013 (Register 2013, No. 7).
Note: Authority cited: Sections
						  14600 and
						  14615,
						  Government Code; Sections
						  10115.3(b)
						  and
						  10295,
						  Public Contract Code; and Section
						  999.5(b),
						  Military and Veterans Code. Reference: Sections
						  10115.1
						  and
						  10115.2,
						  Public Contract Code; and Sections
						  999(i)
						  and
						  999.5(b),
						  Military and Veterans Code; and Monterey Mechanical Co. v. Wilson, 125 F.3d 702
						  (9th Cir. 1997), rehearing denied, _____F.3d _____(March 9,
						  1998).
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 1896.65 - Certification by Authorized Representative. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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. Certificate of Compliance as to 2-23-94 order
						transmitted to OAL 6-23-94 with repealer and new subsection (a) and subsection
						redesignation, amendment of subsections (b)-(b)(1), (c)-(c)(1), and new
						subsection (c)(2) filed 8-5-94 (Register 94, No. 31).
5. Change
						without regulatory effect repealing section filed 4-30-98 pursuant to section
						100, title 1, California Code of
						Regulations (Register 98, No. 20).
Note: Authority cited: Sections
						  14600 and
						  14615,
						  Government Code; and Sections
						  10115.3(b)
						  and
						  10295,
						  Public Contract Code, Section
						  999.5(b),
						  Military and Veterans Code. Reference: Sections
						  2052,
						  10115.1
						  and
						  10115.10,
						  Public Contract Code; and Section
						  999(g),
						  Military and Veterans Code.
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 1896.66 - Contract Audits. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 4-16-90; operative 5-16-90 (Register 90, No. 18).
2.
						Renumbering of former section
						1896.66 to section
						1896.75 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. Renumbering of former
						section 1896.66 to section
						1896.75 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. Certificate of Compliance
						as to 2-23-94 order transmitted to OAL 6-23-94 and filed 8-5-94 (Register 94,
						No. 31).
Note: Authority cited: Sections
						  14600 and
						  14615,
						  Government Code; and Sections
						  10115.3(b)
						  and
						  10295,
						  Public Contract Code. Reference: Section
						  10115.3(a),
						  Public Contract Code.
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 1896.67 - Adjudicatory and Investigatory Procedures. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 4-16-90; operative 5-16-90 (Register 90, No. 18).
2.
						Renumbering of former section
						1896.67 to section
						1896.80 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. Renumbering of former
						section 1896.67 to section
						1896.80 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. Certificate of Compliance
						as to 2-23-94 order transmitted to OAL 6-23-94 and filed 8-5-94 (Register 94,
						No. 31).
Note: Authority cited: Sections
						  14600 and
						  14615,
						  Government Code; and Sections
						  10115.3(b)
						  and
						  10295,
						  Public Contract Code. Reference: Sections
						  10115.2
						  and
						  10115.3(a),
						  Public Contract Code.
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 1896.68 - Appeal of Determination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 12-16-91 as an emergency; operative 12-16-91 (Register 92, No.
						13). A Certificate of Compliance must be transmitted to OAL 4-14-92 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 12-16-92 order including
						amendment of section, designation of subsections (a)-(g), and amendment of NOTE
						transmitted to OAL 4-10-92 and filed 5-22-92 (Register 92, No.
						22).
3. Change without regulatory effect repealing section filed
						4-30-98 pursuant to section
						100, title 1, California Code of
						Regulations (Register 98, No. 20).
Note: Authority cited: Sections
						  14600 and
						  14615,
						  Government Code; and Section
						  10115.3(b),
						  Public Contract Code. Reference: Sections
						  10115.1,
						  10115.10
						  and
						  10295,
						  Public Contract Code.
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 2 - DVBE Participation in State Contracting › Section 1896.70 - DVBE Participation Goals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) DVBE statewide participation goals
					 established in Military and Veterans Code sections
					 999.2,
					 subdivision (a) and 999.5 and Public Contract Code section
					 10115,
					 subdivision (c), apply to the aggregate amount annually spent by contract by
					 the awarding departments.
(b) For
					 each specific solicitation leading to a contract award, the highest ranking
					 executive or designee of an awarding department shall establish an appropriate
					 DVBE participation goal either less than or in excess of the statutory goal of
					 three percent (3%). Determination factors of the appropriate level of DVBE
					 participation, as either a prime contractor or subcontractor, include but are
					 not limited to the following:
(1) The
					 elements of work reasonably support the specified level of DVBE
					 participation.
(2) A search of the
					 OSDS certification database indicates sufficient DVBEs to perform the solicited
					 work.
(3) DVBE contractors,
					 subcontractors, or suppliers have performed elements of the work on similar
					 contracts.
(4) Bidders historically
					 have achieved or have not achieved the specified level of
					 participation.
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 2 - DVBE Participation in State Contracting › Section 1896.71 - Definition and Determination of Commercially Useful Function (CUF)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A DVBE
					 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 DVBE contractor, subcontractor, or a
					 supplier of goods and/or of 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 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 10.5 - Disabled Veteran Business Enterprise Participation Goal Program for State Contracts › Article 2 - DVBE Participation in State Contracting › Section 1896.72 - Contract Award Considerations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a bidder fails to meet a required DVBE
					 participation goal, the bidder shall be deemed unresponsive and ineligible for
					 award.
(b) With respect to
					 Invitations For Bid for the purchase of supplies or equipment in accordance
					 with Article 3 of Chapter 2 of Part 2 of Division 2, commencing with section
					 10301
					 of the Public Contract Code or the acquisition of information technology (IT)
					 goods and services in accordance with Chapters 3 and 3.6 of Part 2 of Division
					 2, commencing with section
					 12100
					 of the Public Contract Code, where the awarding department has reserved the
					 right to make either multiple awards or a single contract award, a single
					 bidder shall be deemed responsive based on the award for a single contract,
					 notwithstanding the fact that the bidder may be unable to meet the established
					 DVBE participation goal. How a department understands and applies the
					 distinction between multiple or single contract awards is set forth in Volumes
					 2 and 3 of the State Contracting Manual.
(c) Prior to contract award, the DVBE shall
					 assure it is in compliance with Public Contract Code sections
					 10410
					 and
					 10411
					 and any other relevant conflict of interest or incompatible activities
					 prohibition applicable to state officers, state employers, or former state
					 employees.
1. New
						section filed 2-14-2013; operative 4-1-2013 (Register 2013, No. 7). For prior
						history, see Register 94, No. 4.
2. Amendment of section heading,
						section and NOTE filed 11-29-2018; operative 1-1-2019 (Register 2018, No.
						48).
3. Amendment of subsections (b)-(c) 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 and
						  14839,
						  Government Code; and Section
						  999.5,
						  Military and Veterans Code. Reference: Sections
						  14615.1
						  and
						  19990,
						  Government Code; Sections
						  999,
						  999.5,
						  999.55,
						  999.7
						  and
						  999.10,
						  Military and Veterans Code; and Sections
						  10115.2,
						  10230,
						  10295,
						  10300,
						  10410,
						  10411
						  and
						  12100,
						  Public Contract Code.
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 2 - DVBE Participation in State Contracting › Section 1896.74 - Contract Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purpose of Public Contract Code section
						10295,
						an awarding department shall demonstrate compliance with the part of Article
						1.5 (commencing with §
											10115) of Chapter 1 of Part 2 of
						Division 2 of the Public Contract Code that concerns DVBEs.
1. New
						section filed 2-14-2013; operative 4-1-2013 (Register 2013, No. 7). For prior
						history, see Register 94, No. 4.
2. Amendment of NOTE filed
						11-29-2018; operative 1-1-2019 (Register 2018, No. 48).
3. 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 and
						  14839,
						  Government Code; and Section
						  999.5,
						  Military and Veterans Code. Reference: Sections
						  999.5,
						  999.55
						  and
						  999.7,
						  Military and Veterans Code; and Sections
						  10115.10,
						  10230
						  and
						  10295,
						  Public Contract Code.
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 2 - DVBE Participation in State Contracting › Section 1896.75 - Special Requirements for Contracts that Include Rented Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any DVBE
					 renting equipment for use in any state contract shall, prior to performing the
					 contract, submit a declaration signed by DV owners and DV managers as required
					 by Military and Veterans Code section
					 999.2,
					 subdivision (d). Declarations may be submitted on a form made available as part
					 of the solicitation and must include the following:
(1) The name, address, telephone number, and
					 tax identification number of each DV owning at least fifty-one percent (51%) of
					 each piece of equipment.
(2)
					 Declare that complete copies of each DV equipment owner's individual federal
					 income tax return have been provided to OSDS and that each applicable DVBE has
					 met and maintains all certification requirements, including post certification
					 submission of all federal tax returns.
(3) Declaration of whether or not the DVBE is
					 a broker. Any qualifying disabled veteran who does not own fifty-one percent
					 (51%) of the fair market value of the equipment, materials, and supplies shall
					 be deemed a broker or agent. If the DVBE is a broker, the name, address, and
					 telephone number of the DVs acting as a broker or agent is
					 required.
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 2 - DVBE Participation in State Contracting › Section 1896.76 - Contract Modifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The contractor and awarding department may determine the
						need to amend a contract. The contract should describe how modifications would
						be handled to maintain the highest level of DVBE participation. If the
						modification is for additional work, the awarding department should maintain at
						least the same percentage of DVBE participation as in the original contract.
						The contracting official shall document the file to describe the modifications
						and DVBE participation.
1. New
						section filed 2-14-2013; operative 4-1-2013 (Register 2013, No. 7). For prior
						history, see Register 94, No. 4.
2. Amendment of NOTE filed
						11-29-2018; operative 1-1-2019 (Register 2018, No. 48).
3. Amendment
						of 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 and
						  14839,
						  Government Code; and Section
						  999.5,
						  Military and Veterans Code. Reference: Sections
						  999.5,
						  999.55
						  and
						  999.7,
						  Military and Veterans Code; and Section
						  10230,
						  Public Contract Code.
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 2 - DVBE Participation in State Contracting › Section 1896.77 - Contract Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 When an awarding department issues a contract, it shall include a provision,
					 where the contractor agrees that the awarding department shall have:
(1) The right to review, obtain, and copy all
					 records pertaining to the performance of the contract;
(2) Any relevant information requested;
					 and
(3) Access to its premises,
					 upon reasonable notice, during normal business hours for the purpose of
					 interviewing employees and inspecting and copying such books, records,
					 accounts, and other material that may be relevant to a matter under
					 investigation.
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 2 - DVBE Participation in State Contracting › Section 1896.78 - Reporting DVBE Participation Goals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) DVBE participation must be included in
					 the contracting activity report by awarding departments as required by Public
					 Contract Code section
					 10111,
					 section 999.5, subdivision (d) of the
					 Military and Veterans Code and Government Code section
					 14841, and
					 consistent with applicable regulations. For contracts with a participation
					 goal, awarding departments shall report awards and DVBE participation as
					 proposed by the contractor pursuant to section
					 1896.70, subdivision (g) or as
					 documented by contract modification per section
					 1896.76. For contracts awarded
					 without a participation goal, the awarding departments shall report each DVBE
					 business represented in the contract.
(b) Awarding departments shall not count
					 toward its DVBE participation goal funds expended on a DVBE during any period
					 in which that DVBE is not in compliance with the subdivision provisions of
					 Military and Veterans Code section
					 999.2,
					 subdivisions (c), (d) and (f), regarding required declarations.
(c) Contract funds awarded during any period
					 in which a DVBE is not in compliance with Military and Veterans Code section
					 999.2,
					 subdivision (g) with respect to furnishing required tax returns, cannot count
					 toward DVBE participation goals.
(d) Awarding departments shall not count
					 toward the DVBE participation goals any state funds expended with a business
					 that is not DVBE certified at the time of award or does not meet and maintain
					 the certification requirements in accordance with Military and Veterans Code
					 sections
					 999.2,
					 subdivision (g)(4) and
					 999.5,
					 subdivision (c).
(e) Upon
					 completion of an awarded contract for which a commitment to achieve a DVBE goal
					 was made, state departments shall require the prime contractor who
					 subcontracted with DVBEs, to certify on the Prime Contractor's Certification --
					 DVBE Subcontractor Report (STD 817) (Rev. 10/2021), incorporated by reference,
					 all of the following in accordance with Military and Veterans Code section
					 999.5:
(1) The total amount the prime contractor
					 received under the contract.
(2)
					 The name and address of each DVBE that participated in the performance of the
					 contract and contract number.
(3)
					 The amount and percentage of the work the prime contractor committed to provide
					 to one or more DVBEs under the requirements of the contract and the amount each
					 DVBE received from the prime contractor.
(4) That all payments under the contract have
					 been made to the DVBEs. Upon request by the awarding department, the prime
					 contractor shall provide proof of payment for the work.
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 2 - DVBE Participation in State Contracting › Section 1896.79 - Assistance to Bidders/Department of Commerce. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 4-22-91; operative 5-22-91 (Register 91, No. 20).
2.
						Change without regulatory effect renumbering former section
						1896.79 to section
						1896.109 and repealer of section
						1896.79 filed 1-27-94 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 94, No. 4).
Note: Authority cited: Section
						  7099,
						  Government Code. Reference: Sections
						  7082,
						  7086 and
						  7095,
						  Government Code.
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 3 - DVBE Certification › Section 1896.81 - Eligibility for DVBE Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The DVBE applicant shall, pursuant to
					 Military and Veterans Code sections
					 999
					 and
					 999.2,
					 meet all of the following qualifying criteria:
(1) DVs shall have at least a ten percent
					 (10%) service-connected disability and be domiciled in California.
(2) The principal office of the firm shall be
					 located in the United States, and cannot be a branch or subsidiary of a foreign
					 corporation, foreign firm, or other foreign-based business.
(3) The business shall be at least fifty-one
					 percent (51%) unconditionally owned by one or more DVs.
(4) The daily business operations shall be
					 managed and controlled by one or more DVs. The DV(s) managing and controlling
					 the business is/(are) not required to be the same individuals as the DV
					 business owner(s).
(5) The DVBE
					 shall have filed federal tax returns and submitted copies to OSDS in accordance
					 with Military and Veterans Code section
					 999.2,
					 subdivision (g).
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 3 - DVBE Certification › Section 1896.82 - Responsibilities of the DVBE Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For certification consideration, the DVBE applicant must
						comply with the following:
(a) In its
					 submission of the section
					 1896.80 Request for Certification,
					 demonstrate that the requirements for certification set forth in this
					 subchapter and Article 6 of Chapter 6, Division 4 of the California Military
					 and Veterans Code (commencing with section
					 999), are satisfied. Requests for
					 Certification are considered pending until OSDS determines that all eligibility
					 requirements have been satisfied, and required documentation has been submitted
					 and evaluated for sufficiency and completeness.
(b) In addition to the substantiating and
					 supporting information requirements of section
					 1896.80, applicants shall submit a
					 copy of the United States Department of Veterans Affairs or United States
					 Department of Defense documentation which proves the existence of a
					 service-connected disability of at least ten percent (10%).
(c) When bidding due dates apply, the
					 certification request should be filed no later than the end of the bid due
					 date, unless rules for the Small Business Procurement and Contract Act
					 (California Code of Regulations, Title 2 §
											1896 et seq.) specify a different
					 time, in which case the time for submission of the request for certification as
					 so identified in that subchapter shall prevail.
(d) If the department determines just cause
					 as identified in Government Code section
					 14840
					 subdivision (b)(2), OSDS may require the certification applicant, owner of the
					 disabled veteran business enterprise, or the certified firm, to complete and
					 submit to OSDS an Internal Revenue Service Form 4506-T from the United States
					 Treasury, requesting a transcript of their or its tax return.
(e) In reviewing a request for certification
					 OSDS may:
(1) Consider information previously
					 submitted, provided, or collected, including but not limited to the information
					 provided by any applicant or any records gathered or held by any California
					 state or local agency, any governmental agency of another state, or the federal
					 government;
(2) Require additional
					 documents and information that support or prove eligibility;
(3) Require clarifications, additional
					 documentation, corrections, or amendments to the request for certification,
					 including the supporting documentation submitted; or
(4) Accept a withdrawal of the certification
					 request in writing when the DV or business does not meet eligibility
					 requirements or is not able to provide supporting documentation to prove
					 eligibility including proof of active status on licenses.
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 3 - DVBE Certification › Section 1896.83 - Certification Denial

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
DVBE Certification will be denied when:
(a) Applicants do not meet the eligibility
					 requirements for certification, or do not respond to requests from OSDS for
					 additional information within the thirty (30) calendar days specified in a
					 written notice from OSDS. Additional information includes but is not limited to
					 the following:
(1) Federal income tax returns
					 as required by section
					 1896.81 and Military and Veterans
					 Code section
					 999.2,
					 subdivision (g).
(2) Demonstration
					 of the required DV ownership and/or control level of fifty-one percent (51%),
					 or one hundred percent (100%) in the case of LLCs.
(3) Demonstration of active status with the
					 California Secretary of State and the Contractor's License Board, when legally
					 required to do so.
(4)
					 Documentation showing all current licenses, permits, insurance coverage and
					 registrations integral to conducting business lawfully which may include but
					 not limited to those issued by any state or local government.
(5) Documentation showing the applicant's
					 statutory domicile in California or service-connected disability on the part of
					 qualifying DVs.
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 3 - DVBE Certification › Section 1896.84 - Certified Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Certified status is granted to those business entities who have met and
					 complied with sections
					 1896.80,
					 1896.81, and
					 1896.82 requirements.
(b) Qualified DVBEs are issued the following
					 certifications:
(1) DVBE certification, valid
					 for twenty four (24) months.
(2)
					 Multiple certifications, valid for twenty four (24) months. Multiple
					 certifications mean DVBEs also have small business and small business for the
					 purpose of public works certifications. Refer to sections
					 1896.4, subdivision (u) and 1896.4,
					 subdivision (v) of Title 2, California Code of Regulations (CCR), for the
					 definition of a small business and small business for the purpose of public
					 works designations.
(3) Multiple
					 certifications, with microbusiness and small business for the purpose of public
					 works designations, valid for twenty four (24) months. Refer to section
					 1896.4, subdivision (p) of Title 2,
					 California Code of Regulations (CCR), for the definition of a microbusiness
					 designation.
(4) OSDS, at its
					 discretion, may issue short-term certifications, for up to twenty four (24)
					 months on a case-by-case basis based on the requirements set forth in section
					 1896.81. In addition, OSDS may
					 extend the length of certifications as long as the total period of
					 certification, including sequential extensions, is not exceeding sixty (60)
					 months.
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 3 - DVBE Certification › Section 1896.85 - Certification Discontinuance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Certification may, for the purposes of
					 this subchapter and Subchapter 3, Chapter 3, Division 2 of this Title, be
					 discontinued upon evidence which OSDS reasonably determines that DVBEs no
					 longer meet the eligibility requirements of this subchapter. Certification may
					 also be discontinued if a DVBE fails to do any of the following including but
					 not limited to:
(1) Provide requested
					 information that supports its continued eligibility as a certified DVBE by the
					 date and time specified by OSDS,
(2) Notify OSDS and the awarding department,
					 in accordance with the provisions of Military and Veterans Code section
					 999.2,
					 subdivision (h), that the requirements for certification have not been
					 maintained,
(3) Submit federal
					 income returns as required by this subchapter and Military and Veterans Code
					 section
					 999.2,
					 subdivision (g),
(4) Maintain the
					 required DV ownership and/or control level of fifty-one percent (51%), or one
					 hundred percent (100%) in the case of LLCs,
(5) Maintain active status with the
					 California Secretary of State, when legally required to do so,
(6) Maintain all licenses, permits, insurance
					 coverage and registrations integral to conducting business lawfully, including
					 but not limited, to those issued by any California state department or local
					 government or
(7) Conform to the
					 statutory domicile in California or service-connected disability requirements
					 on the part of qualifying DVs.
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 3 - DVBE Certification › Section 1896.88 - Unlawful Certification and Contracting Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In accordance with the provisions of
					 Military and Veterans Code section
					 999.9,
					 subdivision (a)(1) through (3), it shall be unlawful for a person to:
(1) Knowingly and with intent to defraud,
					 fraudulently obtain, retain, attempt to obtain or retain, or aid another in
					 fraudulently obtaining DVBE certification.
(2) Willfully and knowingly make a false
					 statement with the intent to defraud, whether by affidavit or report, to a
					 state official to influence a certification decision.
(3) Willfully and knowingly obstruct, impede,
					 or attempt to obstruct any state employee investigating the qualifications of
					 an applicant requesting certification or of a certified
					 business.
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 4 - Enforcement and Sanctions › Section 1896.91 - Investigations and Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing in these regulations shall be construed to impair
						the right of either the administering agency or the awarding department to
						initiate investigations pursuant to Government Code section
						14842 or
						14842.5,
						sections 999, et seq. of the Military and
						Veterans Code, and Public Contract Code sections
						10115,
						et seq.
(a) The awarding department
					 shall report allegations of prohibited acts or activities or alleged violations
					 of Military and Veterans Code sections
					 999,
					 et seq. or Public Contract Code sections
					 10115
					 et seq. directly to the OSDS. Allegations of such violations received directly
					 by OSDS from any other source are redirected to the awarding department by
					 OSDS. In addition, with respect to such allegations, redirection by OSDS to the
					 awarding department may be required in any other cases for the purpose of
					 gathering and assembling documentation and obtaining supporting
					 evidence.
(b) The awarding
					 department shall submit to the OSDS within sixty (60) business days of
					 notification or discovery of the alleged violation a written investigative
					 report, with findings, supporting evidence, and recommended actions.
(c) Upon receiving a written request for
					 additional time by the awarding department, OSDS may extend the subdivision (b)
					 deadline for good cause. OSDS will acknowledge receipt of the awarding
					 department's investigative report within three (3) business days.
1. New
						section filed 2-14-2013; operative 4-1-2013 (Register 2013, No. 7). For prior
						history, see Register 94, No. 31.
2. Amendment of section and NOTE
						filed 11-29-2018; operative 1-1-2019 (Register 2018, No. 48).
3.
						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 and
						  14843,
						  Government Code; and Sections
						  999
						  and
						  999.5,
						  Military and Veterans Code. Reference: Sections
						  999.5,
						  999.55
						  and
						  999.9,
						  Military and Veterans Code; and Sections
						  10115.3,
						  10115.10,
						  10230
						  and
						  10295,
						  Public Contract Code.
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 4 - Enforcement and Sanctions › Section 1896.92 - Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The OSDS shall recommend, impose, and enforce sanctions
						in accordance with the applicable provisions of the Small Business Procurement
						and Contract Act (Gov. Code §§
											14835 et
						seq.), and the Disabled Veterans Business Enterprise Program (MVC §§
											999 et seq.). The sanctions shall
						apply to the business, all principals, business affiliates, and any person who
						violates the aforementioned laws.
1. New
						section filed 2-14-2013; operative 4-1-2013 (Register 2013, No. 7). For prior
						history, see Register 94, No. 40.
2. Amendment of section and NOTE
						filed 11-29-2018; operative 1-1-2019 (Register 2018, No. 48).
3.
						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; and Section
						  999.5,
						  Military and Veterans Code. Reference: Sections
						  12651,
						  14837,
						  14839,
						  14842,
						  14842.5
						  and
						  14843,
						  Government Code; Sections
						  999,
						  999.5,
						  999.9
						  and
						  999.10,
						  Military and Veterans Code; and Sections
						  10115,
						  10115.15
						  and
						  10230,
						  Public Contract Code.
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 4 - Enforcement and Sanctions › Section 1896.93 - Contract Awards. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 4-18-91; operative 4-18-91 (Register 91, No. 24).
2.
						Repealer 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. Repealer 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. Certificate of Compliance as to 2-23-94 order
						transmitted to OAL 6-23-94 and filed 8-5-94 (Register 94, No.
						31).
Note: Authority cited: Sections
						  14600 and
						  14615,
						  Government Code. Section
						  999.5(b),
						  Military and Veterans Code. Reference: Section
						  999(g),
						  Military and Veterans Code.