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 4 - 4. Enforcement and Sanctions › Section 1896.18 - Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
OSDS shall be responsible for the enforcement of
						certification denial or revocation, suspensions from contracting with the
						state, and the imposition of monetary penalties and/or cost recovery to the
						state, as follows:
(a) Certification
					 Denial or Revocation: When a business does not meet the requirement for
					 certification, or is no longer eligible due to a violation of Government Code
					 section
					 14842,
					 subdivision (a), Government Code section
					 14842.5,
					 subdivision (a), or subdivision (a) of Military and Veterans Code section
					 999.9,
					 or Public Contract Code section
					 10115.10,
					 all certifications shall be denied or revoked. When denying or revoking
					 certification, the OSDS shall provide written notice including the reasons for
					 the denial or revocation and provide information regarding the appeal
					 process.
(b) Suspension: A business
					 may be suspended from state contracting activities. Suspension means a
					 temporary debarment from bidding on or participating as a contractor,
					 subcontractor or supplier in any state contract or project, and includes a
					 revocation of certification unless the suspended business is not certified.
					 When suspending a certified business from contracting activities, the OSDS
					 shall provide a written notice of suspension and revocation including the
					 reasons for suspension and revocation and provide information on the appeal
					 process. The suspension and revocation shall apply to all of the principals of
					 the businesses formed, owned, financed by, or affiliated with, one or more of
					 those principals. Any allegation with sufficient grounds may be referred to the
					 Attorney General for possible prosecution and imposition of civil/criminal
					 sanctions for violation of Government Code sections
					 14842,
					 subdivision (a), and 14842.5, subdivision (a). The OSDS may pursue
					 administrative action and penalties irrespective of whether the Attorney
					 General chooses to bring an action.
1. New
						section 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. Renumbering and amendment of former Section
						1896.12 to Section
						1896.18 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. Change without
						regulatory effect amending subsection (a)(3) filed 3-30-99 pursuant to section
						100, title 1, California Code of
						Regulations (Register 99, No. 14).
6. New article 4 heading and
						repealer and new section filed 8-10-2004; operative 9-9-2004 (Register 2004,
						No. 33).
7. Amendment of section heading, section and NOTE filed
						1-23-2017; operative 1-23-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2017, No. 4).
8. Renumbering of former article 4 to
						article 5, renumbering of former section
						1896.18 to section
						1896.22, new article 4 and new
						section 1896.18 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
						  4535,
						  14836,
						  14837,
						  14839,
						  14840,
						  14841,
						  14842 and
						  14842.5,
						  Government Code; Section
						  999.9,
						  Military and Veterans Code; and Sections
						  1101
						  and
						  10115.10,
						  Public Contract Code.