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§ 1896.78. Reporting DVBE Participation Goals.


Barclays Official California Code of Regulations Currentness
Title 2. Administration
Division 2. Financial Operations
Chapter 3. Department of General Services
Subchapter 10.5. Disabled Veteran Business Enterprise Participation Goal Program for State Contracts
Article 2. DVBE Participation in State Contracting
2 CCR § 1896.78
§ 1896.78. Reporting DVBE Participation Goals.
(a) DVBE participation must be included in the contracting activity report by awarding departments as Public Contract Code § 10111, § 999.5(d) of the Military and Veterans Code and § 14841 of the Government Code require, consistent with the regulations governing the award of the contracts. For contracts with a participation goal, awarding departments shall report awards as proposed by the contractor per § 1896.70(g) or as documented by contract modification per § 1896.76. For contracts awarded without a participation goal, the awarding departments shall report each DVBE business represented in the contract.
(b) Awarding departments shall not count toward its DVBE participation goal funds expended on a DVBE during any period in which that enterprise is not in compliance with the subdivision provisions of Military and Veterans Code § 999.2(c), (d) and (f), regarding required declarations.
(c) Contract funds awarded during any period in which a DVBE is not in compliance with Military and Veterans Code § 999.2(g) with respect to furnishing required tax returns, cannot count toward DVBE participation goals.
(d) Awarding departments shall not count toward the DVBE participation goals any state funds expended with a business that is not DVBE certified in accordance with Military and Veterans Code § 999.2(g)(4).
(e) Upon completion of a contract for which a commitment to achieve a DVBE goal was made, the prime contractor who subcontracted with DVBEs, shall certify in writing to the awarding department, all of the following in accordance with subdivisions (1) through (4) the Military and Veterans Code § 999.5:
(1) The total amount the prime contractor received under the contract.
(2) The name and address of each DVBE that participated in the performance of the contract.
(3) The amount each DVBE received from the prime contractor.
(4) That all payments under the contract have been made to the DVBE.
(5) Awarding departments shall maintain the prime contractor written certifications on file in accordance with their records retention practices for contracts and provide annually to the OSDS, as the State Contracting Manual directs, subcontracting consolidation reports.
Note: Authority cited: Sections 14600, 14839 and 14615.1, Government Code; and Section 999.5, Military and Veterans Code. Reference: Sections 14615.1 and 14841, Government Code; Sections 999.2 and 999.5, Military and Veterans Code; Section 10111, Public Contract Code; and Volume 2, Chapter 12 and Volume Fi$cal, Chapter 9, State Contracting Manual.
1. New section filed 2-14-2013; operative 4-1-2013 (Register 2013, No. 7). For prior history, see Register 94, No. 4.
2. Amendment of section and Note filed 11-29-2018; operative 1-1-2019 (Register 2018, No. 48).
This database is current through 1/7/22 Register 2022, No. 1
2 CCR § 1896.78, 2 CA ADC § 1896.78
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