Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) In accordance with the provisions of
Military and Veterans Code section
999.9,
subdivision (a)(1) through (3), it shall be unlawful for a person to:
(1) Knowingly and with intent to defraud,
fraudulently obtain, retain, attempt to obtain or retain, or aid another in
fraudulently obtaining DVBE certification.
(2) Willfully and knowingly make a false
statement with the intent to defraud, whether by affidavit or report, to a
state official to influence a certification decision.
(3) Willfully and knowingly obstruct, impede,
or attempt to obstruct any state employee investigating the qualifications of
an applicant requesting certification or of a certified
business.
(b) In
accordance with the provisions of Military and Veterans Code section
999.9,
subdivision (a)(4) through (10), it shall be unlawful for a person to:
(1) Knowingly and with intent to defraud,
fraudulently obtain, attempt to obtain, or aid another in fraudulently
obtaining or attempting to obtain public monies, contracts or funds that are
awarded by the state, to which a person is not entitled.
(2) Knowingly and with intent to defraud,
fraudulently represent DVBE participation in order to obtain or retain a bid
preference or a state contract.
(3)
Knowingly and with intent to defraud, fraudulently represent a CUF in order to
obtain or retain a bid preference or a state contract.
(4) Willfully and knowingly make or subscribe
to any false statements or declarations as to any material matter relevant to
this subchapter.
(5) Willfully and
knowingly aid in the preparation or presentation of declarations, statements,
or other documents that are fraudulent or false, regardless of whether or not
the falsity is committed with the knowledge or consent of those authorized or
required to submit the declaration, statement or document in
question.
(6) Willfully and
knowingly fail to file with the awarding agency any declaration or notice
required by Military and Veterans Code section
999.2.
(7) Establish, or knowingly aid in the
establishment of, or exercise control over, a firm found to have violated any
of the requirements of Military and Veterans Code section
999.9,
subdivisions (a)(1) through (10).
1. New
section filed 2-14-2013; operative 4-1-2013 (Register 2013, No.
7).
2. Amendment of section and NOTE filed 11-29-2018; operative
1-1-2019 (Register 2018, No. 48).
3. Amendment of subsections (a),
(b) and (b)(6)-(7) 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,
14615 and
14839,
Government Code; and Section
999.5,
Military and Veterans Code. Reference: Section
14840,
Government Code; Sections
999.2
and
999.9,
Military and Veterans Code; and Section
10230,
Public Contract Code.
