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§ 1896.62. Definitions.

2 CA ADC § 1896.62Barclays Official California Code of RegulationsEffective: June 29, 2023

Barclays California Code of Regulations
Title 2. Administration
Division 2. Financial Operations (Refs & Annos)
Chapter 3. Department of General Services
Subchapter 10.5. Disabled Veteran Business Enterprise Participation Goal Program for State Contracts
Article 1. General Provisions
Effective: June 29, 2023
2 CCR § 1896.62
§ 1896.62. Definitions.
The terms defined in this article shall have the following meaning whenever they appear in this subchapter and subchapter 10.6:
(a) ALJ means Administrative Law Judge, appointed by the Office of Administrative Hearings in accordance with Government Code section 11502, subdivision (b).
(b) Applicant means a business that has submitted a request for certification as a Disabled Veteran Business Enterprise with the Office of Small Business and DVBE Services (OSDS).
(c) Awarding department is as defined in Military and Veterans Code section 999, subdivision (b)(2).
(d) Bid means an offer made in response to a solicitation.
(e) Broker or Agent means any individual or entity that does not have title, possession, control, and risk of loss of materials, supplies, services, or equipment provided to an awarding department.
(f) Commensurate means corresponding in size, amount, degree; or proportion.
(g) Complete federal tax return means copies of all forms, schedules, amendments (if any), and attachments as submitted to the Internal Revenue Service.
(h) Contract is as defined in Military and Veterans Code section 999, subdivision (b)(4).
(i) Contractor means any individual or entity that enters into a contract.
(j) Control, as subdivision (b)(10) of section 999 of the Military and Veterans Code references, means the disabled veteran owners and/or disabled veteran managers, have the power and authority to determine the overall destiny and day-to-day operations of the business.
(k) Department or DGS means the Department of General Services.
(l) Disabled veteran (DV) means a veteran of the military, naval or air service of the United States, including but not limited to, the Philippine Commonwealth Army, the Regular Scouts (“Old Scouts”), and the Special Philippine Scouts (“New Scouts”), who has at least a ten percent (10%) service-connected disability and who is domiciled in the State of California.
(m) Disabled Veteran Business Enterprise or DVBE is as defined in Military and Veterans Code section 999, subdivision (b)(7).
(n) Discontinuance means a gap in certification remediable by restoration of certified status in accordance with section 1896.85.
(o) DVBE Joint Venture means one or more DVBEs that have entered into a written agreement with at least one other business to hold a minimum of fifty-one percent (51%) or more of the joint venture's management, control, and earnings, and to engage in and carry out a venture for which purpose they combine their efforts, property, money, skills and/or knowledge.
(p) Foreign corporation, foreign firm and foreign-based business has the same meaning as Military and Veterans Code section 999, subdivision (b)(8).
(q) Joint bid means one bid submitted by two or more businesses.
(r) Non-disabled veteran (Non-DV) means any individual who is not a Military and Veterans Code section 999, subdivision (b)(7)(A) recognized DVBE.
(s) Office of Small Business and DVBE Services (OSDS) means the organizational section of the Department of General Services, Procurement Division, designated as the California Disabled Veteran Business Program “administering agency” and charged with adopting DVBE practices, policies, guidelines and regulations in accordance with the Military and Veterans and Government Codes.
(t) Principal office is the physical location where the business is headquartered, and where management, direction and control of operations of the business originate and has the same meaning as “home office” referenced in Military and Veterans Code section 999, subdivision (b)(7)(A)(iii). Post office boxes (P.O. Box) and private mailboxes (PMB) are not acceptable replacements for a physical business street address.
(u) Solicitation is defined in State Contracting Manual Volume 2, Chapter 4.B1.0.
(v) Subcontractor means the same as Military and Veterans Code section 999.10, subdivision (c).

Credits

Note: Authority cited: Sections 14600, 14615, 14839 and 14843, Government Code; Sections 999 and 999.5, Military and Veterans Code; and Section 10295, Public Contract Code. Reference: Section 11502, Government Code; Sections 999, 999.2 and 999.10, Military and Veterans Code; and Sections 10115, 10115.1, 10115.2, 10115.3, 10115.10 and 10230, Public Contract Code.
History
1. New section filed 4-16-90; operative 5-16-90 (Register 90, No. 18).
2. Amendment of section heading, text and Note 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. Amendment of section heading, text and Note 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.
4. Editorial correction designating subsection (g) (Register 94, No. 8).
5. Certificate of Compliance as to 2-23-94 order transmitted to OAL 6-23-94 with amendment of text and Note and filed 8-5-94 (Register 94, No. 31).
6. Change without regulatory effect amending section and Note filed 4-30-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 20).
7. Repealer and new section heading, section and Note filed 2-14-2013; operative 4-1-2013 (Register 2013, No. 7).
8. Amendment of subsection (l), repealer of subsections (l)(1)-(6), amendment of subsection (t) and amendment of Note filed 1-23-2017; operative 1-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 4).
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).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 2, § 1896.62, 2 CA ADC § 1896.62
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