California Code of Regulations
Title 5 - Education
Division 5 - Board of Trustees of the California State Universities
Chapter 1 - California State University
Subchapter 9 - Contracts and Purchases
Article 1 - Disabled Veteran Business Enterprise Participation Goal for California State University Contracts
Section 43874 - Contract Awards
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) If a bidder fails to meet the "good faith effort" requirement of section 43873 and, for contracts for materials, supplies, or equipment, including electronic data processing goods and services, fails to have filed prior to the date for submitting an offer or proposal with the Trustees a disabled veterans business enterprise utilization plan with the Department of General Services, such bidder shall be deemed not to be a responsive bidder for purposes of Trustees' evaluation of an award of contract and is thus ineligible for an award. No provision of these regulations, however, shall be deemed to require the Trustees to make an award.
(b) With respect to invitations for bid for the purchase of supplies or equipment pursuant to the provisions of article 3 of chapter 2 of part 2 of division 2 of the Public Contract Code or the acquisition of goods and services pursuant to the provisions of chapter 3 of part 2 of division 2 of the Public Contract Code (commencing with section 12100) where the Trustees have reserved the right to make multiple awards of a single contract award, a bidder shall be deemed responsive regarding the requirement for the making of a good faith effort if there would be compliance with the provisions of section 43873 based on award for a single contract, notwithstanding such bidder may be unable to achieve compliance with the established goals if the Trustees exercise the right to make multiple awards.
(c) The statutory goals for awards of contracts under these provisions shall apply to the overall amount expended each year by the Trustees, and need not be met by every individual contract.
1. New
section filed 2-7-91; operative 3-9-91 (Register 91, No. 33).
2. New
subsection (c) and amendment of NOTE filed 11-19-93; operative 11-19-93
pursuant to Government Code section
11346.2(d)
(Register 93, No. 47).
3. Amendment of subsection (a) filed 7-31-95;
operative 8-30-95 (Register 95, No. 31).
4. Amendment of subsection
(a) filed 8-5-98; operative 8-5-98 pursuant to Government Code section
11343.4(d).
Submitted to OAL for printing only (Register 98, No.
39).
Note: Authority cited: Section 89030, Education Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115 et seq., 10290 et seq., 10700 et seq., 12100 et seq. and 12120 et seq., Public Contract Code.
