California Code of Regulations
Title 2 - Administration
Division 2 - Financial Operations
Chapter 3 - Department of General Services
Subchapter 8 - Office of Small Business Procurement and Contracts
Article 2 - Small Business Participation and Preferences
Section 1896.5 - Small Business Participation Goals
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
For the purposes of Government Code section 14838(f), all state agencies shall implement internal procedures on how to regularly search for, identify, contact, and include in solicitations certified firms that either have not previously done business with or that are not regularly used by the awarding department and other state agencies, and how to document these actions in the procurement/contract files.
(a) In order to achieve the overall required twenty-five (25%) small business participation goal on the total awarded contracts, departments may set contract-specific small business participation goal requirements. When setting contract-specific small business participation goals, for each specific solicitation leading to a contract award, the highest ranking executive or designee of an awarding department shall establish an appropriate small business participation requirement. Determining factors for setting an appropriate level of small business participation, as either a prime contractor, subcontractor, or supplier, include but are not limited to:
(b) To qualify as a responsive bidder for contracts requiring small business participation, a bidder shall document at or prior to the time of bid opening a commitment to fulfill the participation requirement, in addition to meeting all other requirements.
(c) The commitment to achieve the participation requirement is satisfied when the awarding department determines that the bidder is either:
(d) In a joint bid situation, the small business participation requirement is deemed to have been met if the joint bidders satisfy all of the following conditions:
(e) The bidder's authorized representative shall include the following:
(f) Upon completion of an awarded contract with small business participation, the prime contractor shall report to the awarding department the percentage of small business participation achieved.
1. Amendment of article 2 heading and new section 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 14836, 14837, 14838 and 14843, Government Code. References: Sections 14110.3, 14835, 14838, 14838.5, 14838.7, 14839, 14839.1 and 14841, Government Code.
