reglab/statecodes huggingface dataset:
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 1896.94 - Certification. [Repealed]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.
						Amendment of subsection (b) and new subsection (c) 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						repealed by operation of law on the following day.
3. Certificate of
						Compliance as to 12-16-91 order transmitted to OAL 4-10-92 and filed 5-22-92
						(Register 92, No. 22).
4. 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						transmitted to OAL by 3-7-94 or emergency language will be repealed by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.
5. 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						repealed by operation of law on the following day.
6. 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 Section
						  999.5(b),
						  Military and Veterans Code. Reference: 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 5 - Appeal Process › Section 1896.95 - Appeal of Certification Denial or Revocation, and/or Suspension from Contracting Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Decisions to deny or revoke certifications, or to impose
						monetary penalties, sanctions, or suspensions from contracting activities may
						be appealed. Upon receipt of an appeal, OSDS will determine jurisdiction. An
						appeal must present arguments for concluding that the decision was in
						error.
(a) Denials, revocations,
					 monetary penalties and suspensions or other sanctions shall become final unless
					 an appeal is received within thirty (30) calendar days from the date of the
					 notice. For good cause, OSDS may grant additional time for appeal submission
					 when extenuating circumstances apply. Appeals are not available to denials for
					 nonresponse to requests for additional information, as set forth in subdivision
					 (e).
(b) The appeal shall be in
					 writing, signed, dated and include a detailed written statement of the facts
					 that support grounds for the appeal as subdivision (c) requires.
(c) Grounds for appeal shall be:
(1) The applicant met the requirements for
					 certification and therefore should have been certified based upon the request
					 for certification, supporting documents and records at the time of the
					 decision.
(2) The business meets
					 the requirements for certification and therefore should remain certified based
					 upon the certification file and records at the time of the decision. In the
					 case of discontinuance, the restoration of certification occurs upon
					 satisfactory submission of remediating documentation or information.
(3) Sanctions should not be imposed, because
					 one or more of the conditions set forth in Military and Veterans Code section
					 999.9,
					 subdivisions (a), (c) or (d) or Government Code sections
					 14840,
					 14842,
					 14842.5,
					 as applicable, did not exist to warrant the action.
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 5 - Appeal Process › Section 1896.96 - Appeal Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Appeal hearings shall be conducted 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 submission. 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
						subpoena persons or documents.
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 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
						  14837,
						  Government Code; and Section
						  999.5,
						  Military and Veterans Code. Reference: Sections
						  6250,
						  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,
						  11528 and
						  14839,
						  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 5 - Appeal Process › Section 1896.97 - 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 Military and Veterans Code section
						999.9,
						subdivisions (b), (c) and (d).
If the Attorney General imposes fines and additional
						sanctions, the OSDS shall continue suspensions until all penalties, costs, and
						attorney fees are satisfied pursuant to Military and Veterans Code section
						999.9,
						subdivision (c)(3).
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
						  14839,
						  Government Code; and Section
						  999.5,
						  Military and Veterans Code. Reference: Sections
						  11519,
						  14839 and
						  14842,
						  Government Code; and Section
						  999.9,
						  Military and Veterans Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 10.6 - DVBE Incentive Program › Section 1896.98 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 subchapter 10.6 (sections
					 1896.98-1896.99.120) and section
					 filed 10-9-2007; operative 10-9-2007 pursuant to Government Code section
					 11343.4
					 (Register 2007, No. 41). For prior history, see Register 94, No.
					 31.
2. Repealer filed 2-14-2013; operative 4-1-2013 (Register 2013,
					 No. 7).
Note: Authority cited: Sections
						14600 and
						14615,
						Government Code; and Sections
						999.5(a)
						and
						999.5(d),
						Military and Veterans Code. Reference: Section
						999.5(a),
						Military and Veterans Code; and Section
						10115(c),
						Public Contract Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 10.6 - DVBE Incentive Program › Section 1896.99.100 - Incentive Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Whenever an awarding department applies the DVBE program requirement, it shall
				  offer the DVBE incentive as outlined in this subchapter for DVBE participation.
				  The incentive may also be offered when other competitive solicitations take
				  place. The highest ranking executive officer or designee may exempt individual
				  contracts from the DVBE incentive with a full and complete written
				  justification as long as such exemption does not prevent achievement of a
				  department's DVBE participation goal.
(b) The incentive is applied during the
				  evaluation process and is only applied for responsive bids from responsible
				  bidders proposing the percentage(s) of DVBE participation for the incentive(s)
				  specified in the solicitation. Solicitations may provide an incentive scale
				  under which bidders obtaining higher levels of participation qualify for
				  greater incentives.
(c) For award
				  based on low price, the incentive is applied by reducing the bid price by the
				  amount of incentive as computed from the lowest responsive and responsible bid
				  price. The computation is for evaluation purposes only. Application of the
				  incentive shall not displace an award to a small business with a non-small
				  business.
(d) For award based on
				  high score, the incentive points are included in the sum of non-cost points.
				  The incentive points cannot be used to achieve any applicable minimum point
				  requirements.
1. New
					 section filed 10-9-2007; operative 10-9-2007 pursuant to Government Code
					 section
					 11343.4
					 (Register 2007, No. 41).
2. Amendment of subsection (a) filed
					 2-14-2013; operative 4-1-2013 (Register 2013, No. 7).
3. Amendment
					 of subsection (a) and NOTE filed 10-29-2018; operative 1-1-2019 (Register 2018,
					 No. 44).
4. Amendment of subsection (a) 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
						14839,
						Government Code; and Section
						999.5,
						Military and Veterans Code. Reference: Section
						14838,
						Government Code; 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 10.6 - DVBE Incentive Program › Section 1896.99.120 - Incentive Amount

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  award based on low price, the minimum incentive is one percent (1%) with or
				  without a cap. Use of a higher incentive percentage not to exceed five percent
				  (5%) is allowed for a solicitation based upon the need to meet participation
				  goals. For each solicitation, awarding departments' highest ranking executive
				  or designee may elect to place a cap of not less than one-hundred thousand
				  dollars ($100,000) on the incentive and/or a cap of not less than one-hundred
				  thousand dollars ($100,000) for all combined incentives and
				  preferences.
(b) For award based on
				  high score, the incentive shall be no less than one percent (1%) but not exceed
				  five percent (5%) of total possible available points. The incentive does not
				  include points for socioeconomic incentives or preferences.
1. New
					 section filed 10-9-2007; operative 10-9-2007 pursuant to Government Code
					 section
					 11343.4
					 (Register 2007, No. 41).
2. Amendment of subsection (a) filed
					 2-14-2013; operative 4-1-2013 (Register 2013, No. 7).
3. Amendment
					 of section and NOTE filed 10-29-2018; operative 1-1-2019 (Register 2018, No.
					 44).
4. 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
						14839,
						Government Code; and Section
						999.5,
						Military and Veterans Code. Reference: Section
						14838,
						Government Code; 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 11 - Employment and Economic Incentive Act Contract Preferences › Article 1 › Section 1896.101 - 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 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 program
						area.
1. Change
						without regulatory effect renumbering former section
						1896.71 to section
						1896.101 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: Section
						  7095,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 11 - Employment and Economic Incentive Act Contract Preferences › Article 1 › Section 1896.102 - 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
						1896.71 the state shall award additional preferences ranging from 1-percent to
						4-percent in accordance with Government Code section
						7095(b)
						if the bidder certifies under penalty of perjury it will hire the specified
						percentage of persons living in a high density unemployment area or enterprise
						zone qualified employees during the period of contract
						performance.
1. Change
						without regulatory effect renumbering former section
						1896.72 to section
						1896.102 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: Section
						  7095,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 11 - Employment and Economic Incentive Act Contract Preferences › Article 1 › Section 1896.103 - Application of Preferences/Contract for Goods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Preferences provided for by sections
						1896.71 and
						1896.72 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.
1. Change
						without regulatory effect renumbering former section
						1896.73 to section
						1896.103 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: Section
						  7095,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 11 - Employment and Economic Incentive Act Contract Preferences › Article 1 › Section 1896.104 - 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 RFPfor 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 program area.
1. Change
						without regulatory effect renumbering former section
						1896.74 to section
						1896.104 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: Section
						  7095,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 11 - Employment and Economic Incentive Act Contract Preferences › Article 1 › Section 1896.105 - 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
						1896.74 the state shall award additional preferences ranging from 1-percent to
						4-percent in accordance with Government Code section
						7095(d)
						if the bidder certifies under penalty of perjury it will hire the specified
						percentages of persons living in high density unemployment areas or enterprise
						zone qualified employees for contract performance.
1. Change
						without regulatory effect renumbering former section
						1896.75 to section
						1896.105 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: Section
						  7095,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 11 - Employment and Economic Incentive Act Contract Preferences › Article 1 › Section 1896.106 - Application of Preferences/Contract for Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Preferences provided for by sections
						1896.74 and
						1896.75 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.
1. Change
						without regulatory effect renumbering former section
						1896.76 to section
						1896.106 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: Section
						  7095,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 11 - Employment and Economic Incentive Act Contract Preferences › Article 1 › Section 1896.107 - Low Bid or Proposal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No preference provided for under the Act 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
						the Act 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. Change
						without regulatory effect renumbering former section
						1896.77 to section
						1896.107 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: Section
						  7095,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 11 - Employment and Economic Incentive Act Contract Preferences › Article 1 › Section 1896.108 - 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 Department of Commerce shall assist prospective bidders in identifying
						those areas of the state which qualify as program areas under the
						Act.
1. Change
						without regulatory effect renumbering former section
						1896.78 to section
						1896.108 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,
						  7095 and
						  14600,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 11 - Employment and Economic Incentive Act Contract Preferences › Article 1 › Section 1896.109 - Assistance to Bidders/Department of Commerce

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department of Commerce shall assist prospective
						bidders in identifying persons living in high density unemployment areas or
						enterprise Zone qualified employees under the Act and provide technical
						information on state hiring tax credits.
1. Change
						without regulatory effect renumbering former section
						1896.79 to section
						1896.109 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 11 - Employment and Economic Incentive Act Contract Preferences › Article 1 › Section 1896.110 - 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 Employment and Economic Incentive Act (Government
					 Code section
					 7080, et
					 seq.) and attendant rules and regulations. (Title 2, California Code of
					 Regulations, section
					 1896.70, et seq.).
(b) Contractor or vendor agrees that the
					 state contracting agency, or its delegee, will have the right to review,
					 obtain, and copy all records pertaining to performance of the contract.
					 Contractor or vendor agrees to provide the state contracting agency or its
					 delegee with any relevant information requested and shall permit the state
					 contracting agency or its delegee 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 maybe relevant to a matter under investigation for the purpose of
					 determining compliance with 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 living in a high density unemployment area
					 or enterprise zone qualified employees, 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 living in a high density unemployment area or
					 enterprise zone qualified employees; 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 Department
					 of Commerce 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 11 - Employment and Economic Incentive Act Contract Preferences › Article 1 › Section 1896.111 - 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
						7097
						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.
1. Change
						without regulatory effect renumbering former section
						1896.81 to section
						1896.111 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: Section
						  7097,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 11.5 - Contracts Awarded Without Competition [Repealed] › Section 1896.200 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 subchapter 11.5 (sections
					 1896.200-1896.203) and section
					 filed 9-21-98 as an emergency; operative 9-21-98 (Register 98, No. 39). A
					 Certificate of Compliance must be transmitted to OAL by 1-19-99 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Repealer of subchapter 11.5 (sections
					 1896.200-1896.203) and repealer of
					 section by operation of Government Code section
					 11346.1(g)
					 (Register 99, No. 14).
Note: Authority cited: Section
						14600,
						Government Code; Sections
						10340,
						10348,
						10373
						and
						10380,
						Public Contract Code. Reference: Sections
						10340,
						10348,
						10373
						and
						10380,
						Public Contract Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 11.5 - Contracts Awarded Without Competition [Repealed] › Section 1896.201 - Contracts Not Requiring Competition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 9-21-98 as an emergency; operative 9-21-98 (Register 98, No. 39).
					 A Certificate of Compliance must be transmitted to OAL by 1-19-99 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 99, No. 14).
Note: Authority cited: Section
						14600,
						Government Code; Sections
						10340,
						10348,
						10373
						and
						10380,
						Public Contract Code. Reference: Sections
						10340,
						10348,
						10373
						and
						10380,
						Public Contract Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 11.5 - Contracts Awarded Without Competition [Repealed] › Section 1896.202 - Reasonableness of Contract Costs. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 9-21-98 as an emergency; operative 9-21-98 (Register 98, No. 39).
					 A Certificate of Compliance must be transmitted to OAL by 1-19-99 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 99, No. 14).
Note: Authority cited: Section
						14600,
						Government Code; Sections
						10340,
						10348,
						10373
						and
						10380,
						Public Contract Code. Reference: Sections
						10340,
						10348,
						10373
						and
						10380,
						Public Contract Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 11.5 - Contracts Awarded Without Competition [Repealed] › Section 1896.203 - State's Best Interests. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 9-21-98 as an emergency; operative 9-21-98 (Register 98, No. 39).
					 A Certificate of Compliance must be transmitted to OAL by 1-19-99 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 99, No. 14).
Note: Authority cited: Section
						14600,
						Government Code; Sections
						10340,
						10348,
						10373
						and
						10380,
						Public Contract Code. Reference: Sections
						10340,
						10348,
						10373
						and
						10380,
						Public Contract Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 12 - Personal Services Contracts › Section 1896.300 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of complying with Government Code Section
					 19134, the
					 following definitions apply:
(a) A
				  "Qualifying Contract" is any contract meeting the following conditions:
(1) A contract executed by a state agency
				  with a provider of personal services, and
(2) The contract is in force for 91 days or
				  more, and
(3) The contract includes
				  janitorial, housekeeping, custodian, food service, security guard, laundry or
				  window cleaning services.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 12 - Personal Services Contracts › Section 1896.310 - Contractor Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to comply with Government Code Section
					 19134, a
					 contractor entering into a Qualifying Contract shall provide one of the
					 following:
(a) Employee Benefits to
				  Covered Employees costing not less than 85 percent of the state cost for
				  employee benefits for a State of California employee performing similar work;
				  or
(b) Cash Payments to Covered
				  Employees of an amount not less than 85 percent of the state cost for employee
				  benefits for a State of California employee performing similar work;
				  or
(c) A combination of Employee
				  Benefits and Cash Payments totaling not less than 85 percent of the state cost
				  for employee benefits for a State of California employee performing similar
				  work.
1. New
					 section filed 12-29-2000 as an emergency; operative 1-1-2001 (Register 2000,
					 No. 52). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 4-30-2001 as an emergency; operative
					 4-30-2001 (Register 2001, No. 18). A Certificate of Compliance must be
					 transmitted to OAL by 8-28-2001 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 8-16-2001 as an emergency; operative 8-16-2001 (Register 2001, No. 33). A
					 Certificate of Compliance must be transmitted to OAL by 12-14-2001 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. New section refiled 12-12-2001 as an emergency; operative
					 12-15-2001 (Register 2001, No. 50). A Certificate of Compliance must be
					 transmitted to OAL by 4-15-2002 or emergency language will be repealed by
					 operation of law on the following day.
5. Certificate of Compliance
					 as to 12-12-2001 order, including amendment of subsections (a)-(c), transmitted
					 to OAL 4-15-2002 and filed 5-28-2002 (Register 2002, No.
					 22).
Note: Authority cited: Section
						19134(f),
						Government Code. Reference: Section
						19134(a) and
						(d), Government
						Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 12 - Personal Services Contracts › Section 1896.320 - Benefits and Cash Payment Calculations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
State agencies shall refer to the Department of Personnel
					 Administration's Schedule of Employee Benefit Rates (published online by
					 February 1 of each year at www.dpa.ca.gov) to determine the required Employee
					 Benefit and/or Cash Payment amounts for Qualifying Contracts. Each agency shall
					 select for any Qualifying Contract either the Detailed Rates or the Blended
					 Rate appearing on the most recent Schedule. Detailed Rates and Blended Rates
					 are calculated as specified in subsections (a) and (b) below:
(a) Detailed Rates
Detailed rates consist of the State of California costs for
					 employee benefits per employee per month for employees performing services
					 specified in 1896.300(a)(3), and a calculation of 85 percent of these costs per
					 employee per hour. These costs will be provided for three coverage categories:
					 a single employee with no covered dependents, an employee with one covered
					 dependent, and an employee with two or more covered dependents.
Detailed hourly rates are calculated by determining the
					 costs per hour for each of the three coverage categories defined in (a), using
					 the following steps:
(1) Add together
				  the monthly state costs for health benefits, dental benefits and vision
				  benefits for state employees in each of the categories listed above who perform
				  services listed in 1896.300(a)(3); and
(2) Divide the monthly state costs per
				  employee obtained from (a)(1) above by 173.333.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 12 - Personal Services Contracts › Section 1896.330 - Reimbursement to State Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
State agencies may refer to applicable Department of
					 Finance Budget Letters for budget instructions regarding reimbursements to
					 state agencies for the costs of Employee Benefits and/or Cash Payments under
					 Qualifying Contracts.
1. New
					 section filed 12-29-2000 as an emergency; operative 1-1-2001 (Register 2000,
					 No. 52). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 4-30-2001 as an emergency, including
					 further amendment; operative 4-30-2001 (Register 2001, No. 18). A Certificate
					 of Compliance must be transmitted to OAL by 8-28-2001 or emergency language
					 will be repealed by operation of law on the following day.
3. New
					 section refiled 8-16-2001 as an emergency; operative 8-16-2001 (Register 2001,
					 No. 33). A Certificate of Compliance must be transmitted to OAL by 12-14-2001
					 or emergency language will be repealed by operation of law on the following
					 day.
4. New section refiled 12-12-2001 as an emergency, including
					 further amendment; operative 12-15-2001 (Register 2001, No. 50). A Certificate
					 of Compliance must be transmitted to OAL by 4-15-2002 or emergency language
					 will be repealed by operation of law on the following day.
5.
					 Certificate of Compliance as to 12-12-2001 order, including amendment of
					 section heading and section, transmitted to OAL 4-15-2002 and filed 5-28-2002
					 (Register 2002, No. 22).
Note: Authority cited: Section
						19134(f),
						Government Code. Reference: Section
						19134(c)(1) and
						(f), Government
						Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 12 - Personal Services Contracts › Section 1896.340 - Qualifying Contract Solicitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Solicitations for Qualifying Contracts shall include the
					 following provisions requiring compliance with Government Code Section
					 19134:
(a) Contracting agencies shall notify
				  potential bidders that the contract to be awarded is subject to Government Code
				  Section
				  19134 and
				  shall instruct potential bidders to include in their bids provisions for
				  Employee Benefits and/or Cash Payments to all Covered Employees.
(b) Contracting agencies shall identify in
				  the solicitation whether provision for Employee Benefits and/or Cash Payments
				  should be bid by the bidder as part of the cost bid or should be committed to
				  by the bidder as a minimum qualifications requirement.
(c) Contracting agencies shall specify the
				  applicable benefit rate(s) for the contract (based on the current Schedule of
				  Employee Benefits Rates published by the Department of Personnel
				  Administration). If the solicitation specifies that Employee Benefits and/or
				  Cash Payments shall be part of the bidder's cost bid, the rate(s) specified in
				  the solicitation shall be used by bidders for cost bod calculations.
(d) Rate changes published by the Department
				  of Personnel Administration after issuance of a solicitation, but prior to the
				  bid due date, shall be included in an addendum to the solicitation.
1. New
					 section filed 12-29-2000 as an emergency; operative 1-1-2001 (Register 2000,
					 No. 52). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 4-30-2001 as an emergency; operative
					 4-30-2001 (Register 2001, No. 18). A Certificate of Compliance must be
					 transmitted to OAL by 8-28-2001 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 8-16-2001 as an emergency; operative 8-16-2001 (Register 2001, No. 33). A
					 Certificate of Compliance must be transmitted to OAL by 12-14-2001 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. New section refiled 12-12-2001 as an emergency; operative
					 12-15-2001 (Register 2001, No. 50). A Certificate of Compliance must be
					 transmitted to OAL by 4-15-2002 or emergency language will be repealed by
					 operation of law on the following day.
5. Certificate of Compliance
					 as to 12-12-2001 order, including amendment of section, transmitted to OAL
					 4-15-2002 and filed 5-28-2002 (Register 2002, No.
					 22).
Note: Authority cited: Section
						19134(f),
						Government Code. Reference: Section
						19134(a), (c)(1) and
						(f), Government
						Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 12 - Personal Services Contracts › Section 1896.350 - Bids for Qualifying Contracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Bids for Qualifying Contracts shall include, in addition to
					 all other requirements specified in the solicitation, a commitment by the
					 bidder to comply with the requirements of Government Code Section
					 19134 and
					 these regulations.
1. New
					 section filed 12-29-2000 as an emergency; operative 1-1-2001 (Register 2000,
					 No. 52). A Certificate of Compliance must be transmitted to OAL by 5-1-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Editorial correction of subsection (a)(1) (Register 2001,
					 No. 3).
3. New section refiled 4-30-2001 as an emergency, including
					 renumbering of former section
					 1896.350 to section
					 1896.360 and renumbering and
					 amendment of former section
					 1896.360 to section
					 1896.350; operative 4-30-2001
					 (Register 2001, No. 18). A Certificate of Compliance must be transmitted to OAL
					 by 8-28-2001 or emergency language will be repealed by operation of law on the
					 following day.
4. New section refiled 8-16-2001 as an emergency;
					 operative 8-16-2001 (Register 2001, No. 33). A Certificate of Compliance must
					 be transmitted to OAL by 12-14-2001 or emergency language will be repealed by
					 operation of law on the following day.
5. New section refiled
					 12-12-2001 as an emergency, including renumbering of former section
					 1896.350 to section
					 1896.360 and renumbering and
					 amendment of former section
					 1896.360 to section
					 1896.350; operative 12-15-2001
					 (Register 2001, No. 50). A Certificate of Compliance must be transmitted to OAL
					 by 4-15-2002 or emergency language will be repealed by operation of law on the
					 following day.
6. Certificate of Compliance as to 12-12-2001 order,
					 including amendment of section, transmitted to OAL 4-15-2002 and filed
					 5-28-2002 (Register 2002, No. 22).
Note: Authority cited: Section
						19134(f),
						Government Code. Reference: Section
						19134(a), (c)(1), (d) and
						(f), Government
						Code.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 12 - Personal Services Contracts › Section 1896.360 - Requirements for Qualifying Contracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Qualifying Contracts shall contain:
(1) A provision mentioning Government Code
				  Section
				  19134 and
				  the applicable Employee Benefit rate(s) (blended or detailed);
(2) A provision allowing for adjusting
				  Employee Benefits and/or Cash Payment amounts in the event of a change to the
				  Schedule of Employee Benefit Rates published by the Department of Personnel
				  Administration during the term of the contract. Any published rate changes that
				  occur during the term of the contract shall be given effect by contract
				  amendment, with an effective date retroactive to the date rate changes were
				  published by the Department of Personnel Administration;
(3) A provision that the contractor must
				  submit to the contracting agency monthly reports that comply with Section
				  1896.370(a);
(4) A provision that the contract is subject
				  to audit for compliance with the provisions of Government Code Section
				  19134;
				  and
(5) A provision stating that
				  that failure to comply with the provisions of Government Code Section
				  19134
				  constitutes a material breach, which could subject the contract to immediate
				  termination by the state.
California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 3 - Department of General Services › Subchapter 12 - Personal Services Contracts › Section 1896.370 - Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order to
				  receive any payment under a Qualifying Contract, a contractor shall provide
				  monthly reports to the contracting agency during the term of a Qualifying
				  Contract. These reports shall include:
(1) The
				  number of Covered Employees who received Employee Benefits and/or Cash Payments
				  in the preceding month;
(2) The
				  name of each Covered Employee who received Employee Benefits and/or Cash
				  Payments in the preceding month;
(3) The number of hours each Covered Employee
				  worked on the Qualifying Contract in the preceding month;
(4) The amount paid to each Covered Employee
				  for Employee Benefits and/or Cash Payments in the preceding month;
				  and
(5) The total monthly cost of
				  Employee Benefits and/or Cash Payments in the preceding month, excluding any
				  administrative or indirect costs.