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 1896.75 - Special Requirements for Contracts that Include Rented Equipment

Universal Citation: 2 CA Code of Regs 1896.75

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

(a) Any DVBE renting equipment for use in any state contract shall, prior to performing the contract, submit a declaration signed by DV owners and DV managers as required by Military and Veterans Code section 999.2, subdivision (d). Declarations may be submitted on a form made available as part of the solicitation and must include the following:

(1) The name, address, telephone number, and tax identification number of each DV owning at least fifty-one percent (51%) of each piece of equipment.

(2) Declare that complete copies of each DV equipment owner's individual federal income tax return have been provided to OSDS and that each applicable DVBE has met and maintains all certification requirements, including post certification submission of all federal tax returns.

(3) Declaration of whether or not the DVBE is a broker. Any qualifying disabled veteran who does not own fifty-one percent (51%) of the fair market value of the equipment, materials, and supplies shall be deemed a broker or agent. If the DVBE is a broker, the name, address, and telephone number of the DVs acting as a broker or agent is required.

(b) Failure to provide these declarations to the awarding department will result in the DVBE being deemed an equipment broker in accordance with Military and Veterans Code section 999.2, subdivisions (b) and (c). Awarding departments shall not count any contract or subcontract with an equipment broker toward DVBE participation goals. In addition, DVBE equipment brokers shall not be considered for the award of SB/DVBE options afforded under Government Code sections 14838.5 and 14838.7.

1. New section "Hiring Preference/Contract for Services" filed 4-22-91; operative 5-22-91 (Register 91, No. 20).
2. Renumbering of former section 1896.66"Contract Audits" to section 1896.75 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 A Certificate of Compliance must be transmitted to OAL by 3-7-94 or emergency language will be repealed by operation of law on the following day.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 1896.75"Hiring Preference/Contract for Services" to section 1896.105 filed 1-27-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 4).
4. Renumbering of former section 1896.66"Contract Audits" to section 1896.75 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.
5. Editorial correction deleting section heading, NOTE and HISTORY for former section 1896.75"Hiring Preference/Contract for Services" and amending HISTORY notes (Register 94, No. 14).
6. Certificate of Compliance as to 2-23-94 order transmitted to OAL 6-23-94 with amendment of first paragraph filed 8-5-94 (Register 94, No. 31).
7. Change without regulatory effect amending second paragraph and NOTE filed 4-30-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 20).
8. Repealer and new section heading, section and NOTE filed 2-14-2013; operative 4-1-2013 (Register 2013, No. 7).
9. Amendment of section and NOTE filed 11-29-2018; operative 1-1-2019 (Register 2018, No. 48).
10. 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 and 14839, Government Code; and Section 999.5, Military and Veterans Code. Reference: Sections 14838.5 and 14838.7, Government Code; Sections 999.2, 999.5, 999.55 and 999.7, Military and Veterans Code; and Sections 10108.7, 10230 and 10295, Public Contract Code.

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