California Code of Regulations
Title 14 - Natural Resources
Division 5.6 - State Coastal Conservancy
Chapter 8 - Contracting Process for Private Architectural, Engineering, Environmental, Land Surveying or Construction-Project Management Firms
Article 1 - General Provisions
Section 13870 - Definitions

Universal Citation: 14 CA Code of Regs 13870

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

As used in these regulations:

(a) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, engineering, environmental services, land surveying, or construction-project management.

(b) "Executive Officer" means the Executive Officer of the California State Coastal Conservancy or his or her designee, as the person authorized to contract for architectural, landscape architectural, engineering, environmental, land surveying and construction-project management services on behalf of the State Coastal Conservancy.

(c) "Architectural, landscape architectural, engineering, and land surveying services," "construction-project management" and "environmental services" have the respective meanings set forth in section 4525 of the Government Code.

(d) "Contractor" means a person, regardless of race, color, sex, ethnic origin or ancestry, or any firm, partnership, corporation, or combination thereof, whether or not a minority or women business enterprise, that offers to perform or enters into a contract to provide architectural, landscape architectural, engineering, environmental, land surveying, or construction-project management services, on behalf of the State of California.

(e) The terms "disabled veteran" and "disabled veteran business enterprise (DVBE) shall have the respective meanings set forth in sections 999(f) and (g) of the Military and Veterans Code. The terms "minority," "minority business enterprise" (MBE), "woman business enterprise" (WBE), and goal" shall have the respective meanings set forth in section 10115.1 of the Public Contract Code.

(f) "M/WBE" means minority business enterprise and/or women business enterprise.

(g) "Small Business Firm" has the meaning set forth in section 14837(c) of the Government Code.

(h) "Good faith effort" means that a contractor has taken all of the steps listed below:

(1) Made contact with the Conservancy to identify D/VBEs.

(2) Made contact with other state and federal agencies, and with local D/VBE organizations to identify D/VBEs and M/WBEs.

(3) Advertised in trade papers and papers focusing on D/VBEs unless the Conservancy's time limits do not allow.

(4) Submitted to D/VBEs invitations to bid or other offers to contract.

(5) Considered available D/VBEs.

1. New section filed 2-2-90 as an emergency; operative 2-2-90 (Register 90, No. 6). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-4-90.
2. Certificate of Compliance as to 2-2-90 order including amendment resubmitted to OAL 11-20-90, approved and filed 12-19-90 (Register 91, No. 10).
3. Change without regulatory effect amending section filed 5-13-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 20).
4. Change without regulatory effect amending subsections (h)(1)-(5) filed 10-2-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 40).

Note: Authority cited: Section 31102, Public Resources Code. Section 4526, Government Code. Section 10115.3(b), Public Contract Code. Reference: Sections 4525 and 14837(c), Government Code. Sections 10115, 10115.1 and 10115.2, Public Contract Code.

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