California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 5 - Personnel
Article 8 - Disabled Veteran Business Enterprise Program
Section 3465 - Disabled Veteran Business Enterprise Goal

Universal Citation: 15 CA Code of Regs 3465

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

(a) The disabled veteran business enterprise goal established in Public Contract Code section 10115(c) applies to the overall annual expenditures of the department. The goal shall be used for specific contracts unless the department determines that a more appropriate disabled veteran business enterprise goal shall be used for a specific contract based on one or more of the following conditions:

(1) The contract is for an amount of $15,000 or less.

(2) The department has determined that there are no disabled veteran business enterprises within a reasonable market area.

(3) The department has determined that the project or contract contains no opportunity for subcontracting.

(4) The department has determined that an emergency exists involving the public health, welfare, safety, or security of a facility and/or the public.

(5) The department has determined that the contract for services to be supplied exclusively by an individual or business concern involves minor or insignificant incidental services or supplies.

(6) The department has determined that the contract will result in the state being a user of services normally provided to the public at large, e.g., electricity, gas, water, garbage collection, use of common carriers, and/or over-night accommodations.

(7) The department has determined that there is only one person or entity that can reasonably and effectively perform the required services for which there is minor, insignificant, or no opportunity for subcontracting.

(8) The department has determined that extraordinary circumstances exist which make it impossible for the potential contractor or the department to comply with the disabled veteran business enterprise requirements.

(9) An amendment to an existing contract is either based on one or more of the above conditions or the amendment will not materially change the scope of services, as determined by the department.

(10) The work is to be performed pursuant to a change order or amendment to an existing construction contract.

(b) When it is necessary for the department to establish a more appropriate disabled veteran business enterprise goal for a specific contract, the department shall identify disabled veteran business enterprises and involve them in the contracting process to the extent reasonably possible.

1. Renumbering of section 3475 to new section 3465 filed 3-25-2020 as an emergency; operative 6-1-2020 (Register 2020, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency language will be repealed by operation of law on the following day.
2. Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.
3. Renumbering of section 3475 to new section 3465 refiled 2-25-2021 as an emergency; operative 3-10-2021 (Register 2021, No. 9). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-8-2021 or emergency language will be repealed by operation of law on the following day.
4. Renumbering of section 3475 to new section 3465 refiled 10-4-2021 as an emergency; operative 10-8-2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-6-2022 pursuant to Government Code section 11346.1(h) or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-4-2021 order transmitted to OAL 12-7-2021 and filed 1-5-2022 (Register 2022, No. 1).

Note: Authority cited: Section 5058, Penal Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115 and 10115.11, Public Contract Code.

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