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. 38, September 20, 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:
(c) The awarding department's highest ranking executive or designee may exempt a solicitation from DVBE participation. Determination factors for such exemption include, but are not limited to the following:
(d) To qualify as a responsive bidder for contracts requiring DVBE participation, a bidder shall document at or prior to the time of bid opening a commitment to fulfill the participation goal, in addition to meeting all other requirements.
(e) The commitment to achieve the participation goal is satisfied when the awarding department determines that the bidder is either:
(f) The awarding department shall find that a DVBE joint bid has met the participation goal providing the joint bidders satisfy all of the following conditions:
(g) The bidder's authorized representative shall include the following:
(h) Contracts between the state and other government agencies including public colleges as well as agreements executed for subvention aid or local assistance, or to provide assistance to local governments and aid to the public directly or through an intermediary, such as a non-profit corporation, are exempt from DVBE participation requirements.
(i) Contracts with auxiliary organizations or foundations of public colleges and universities are not subject to DVBE participation requirements when the agency directly contracts for work utilizing the organization's staff or students.
1. New
section "Definitions" filed 4-22-91; operative 5-22-91 (Register 91, No.
20).
2. New section "DVBE Certification" 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 renumbering former section 1896.70"Definitions" to section
1896.100 filed 1-27-94 pursuant to
title 1, section 100, California Code of Regulations (Register 94, No.
4).
4. Editorial correction restoring inadvertently deleted section
"DVBE Certification" (Register 94, No. 5).
5. New section "DVBE
Certification" 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. Editorial correction deleting section heading, NOTE and
HISTORY for former section 1896.70"Definitions" and amending HISTORY notes
(Register 94, No. 14).
7. Certificate of Compliance as to 2-23-94
order transmitted to OAL 6-23-94 with repealer of subchapter and article
headings and amendment of subsections (b)-(b)(1) filed 8-5-94 (Register 94, No.
31).
8. Editorial correction amending subsection (b)(1) (Register
94, No. 39).
9. New article 2 heading and repealer and new section
heading, section and NOTE filed 2-14-2013; operative 4-1-2013 (Register 2013,
No. 7).
10. Amendment of section and NOTE filed 11-29-2018;
operative 1-1-2019 (Register 2018, No. 48).
11. Amendment of
subsections (a)-(b), (c), (c)(4) and (e)(1) and 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 14615, 14838.5 and 14838.7, Government Code; Sections 999, 999.1, 999.2, 999.5, 999.55 and 999.7, Military and Veterans Code; and Sections 10115, 10115.2, 10115.9 and 10230, Public Contract Code.
