Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Certified status is granted to those business entities who have met and
complied with sections
1896.80,
1896.81, and
1896.82 requirements.
(b) Qualified DVBEs are issued the following
certifications:
(1) DVBE certification, valid
for twenty four (24) months.
(2)
Multiple certifications, valid for twenty four (24) months. Multiple
certifications mean DVBEs also have small business and small business for the
purpose of public works certifications. Refer to sections
1896.4, subdivision (u) and 1896.4,
subdivision (v) of Title 2, California Code of Regulations (CCR), for the
definition of a small business and small business for the purpose of public
works designations.
(3) Multiple
certifications, with microbusiness and small business for the purpose of public
works designations, valid for twenty four (24) months. Refer to section
1896.4, subdivision (p) of Title 2,
California Code of Regulations (CCR), for the definition of a microbusiness
designation.
(4) OSDS, at its
discretion, may issue short-term certifications, for up to twenty four (24)
months on a case-by-case basis based on the requirements set forth in section
1896.81. In addition, OSDS may
extend the length of certifications as long as the total period of
certification, including sequential extensions, is not exceeding sixty (60)
months.
(c) The business
shall be electronically notified of its certification, length of certification,
and inclusion in the certification database.
(d) Recertification must be applied for, in
the manner set forth in section
1896.80, prior to expiration of an
existing certification.
(1) Requests for
recertification, either electronically or on paper, may not be submitted
earlier than ninety (90) calendar days before certifications expire.
(2) Unless otherwise instructed by OSDS,
recertification requests must contain updated information and/or replacement of
obsolete content to demonstrate continued eligibility.
(3) The qualifying DV shall declare in
writing there are no changes in the service-connected disability as previously
documented or, if there have been changes, provide the verification referenced
in section 1896.82, subdivision
(b).
(e) DVBEs are
subject to verification of eligibility by OSDS at any time. Whenever
eligibility requirements are no longer met, DVBEs shall withdraw in writing
from certification or OSDS will discontinue certification thirty (30) days
after written notice.
(f) In order
to maintain certification when there are changes in ownership or business
structure the following shall be required:
(1) DVBEs shall submit a new certification
request identifying the new DV owners, DV managers and new business structure.
Continued eligibility and the award of any new contracts require that OSDS
first verify that all eligibility requirements are met by the business and the
new owners; and
(2) Similarly, any
exchange of a DV owner with another DV owner while in the course of contract
performance must be approved by the awarding department and OSDS prior to such
change.
(g) In the event
of a certification of permanent medical disability or death of qualifying DV
owners, the business shall do the following:
(1) Notify OSDS and awarding departments as
soon as possible, not exceeding thirty (30) calendar days following the
occurrence of permanent disability or death.
(2) Submit a new certification request to
OSDS in accordance with section
1896.80 within ninety (90) calendar
days following the occurrence of permanent disability or death.
(3) Submit documentation certifying the DV's
permanent medical disability or death to OSDS along with the certification
request. In addition, provide documents verifying who controls or has inherited
the business. If permanent medical disability or death is confirmed, DVBE
certification may continue, or recertification may be granted, for a period not
to exceed three (3) years after the certified date of permanent medical
disability, or death, if the business is inherited or controlled by the spouse
or child of the majority owner, or by both of those persons.
(4) Such businesses are deemed to continue as
a DVBE pursuant to Military and Veterans Code section
999,
subdivision (b)(7)(B) solely for the purposes of the following:
(A) Fulfilling the requirements of an
existing contract, entered into prior to the DV's death or certification of
permanent medical disability, if the business is inherited or controlled by the
spouse or child of the majority owner, or by both of those persons, for the
duration of said contract, or,
(B)
Providing sufficient time to make orderly and equitable arrangements for the
disposition of the business, provided that the business shall not enter into
any new contract as a DVBE, if the contract cannot be completed within the
allowable three (3) year period.
(h) DVBEs shall maintain all licenses,
insurance coverage, permits and registrations, including but not limited, to
those issued by any California state department or local government
jurisdiction required for the conduct of business. OSDS and the awarding
department shall be noticed of any changes in licenses, permits, registrations,
operation or ownership within thirty (30) calendar days.
(i) DVBEs must promptly notify OSDS in
writing upon any change in the business address, contact information, or the
DVs home address that may occur subsequent to obtaining
certification.
(j) DVBEs shall
maintain active status with the California Secretary of State and Contractors
State License Board, when legally required to do so.
(k) DVBEs shall notify OSDS and the awarding
department, in accordance with the provisions in Military and Veterans Code
section
999.2,
subdivision (h), if the requirements for certification have not been
maintained.
1. New
section filed 2-14-2013; operative 4-1-2013 (Register 2013, No.
7).
2. Amendment of section heading, 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 and
14839,
Government Code; and Section
999.5,
Military and Veterans Code. Reference: Sections
14615.1,
14837 and
14838,
Government Code; and Section
999,
Military and Veterans Code.
