25CRF009_-_DVBE_Program_Requirements.pdf

CALIFORNIA DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

PROGRAM REQUIREMENTS

(Revision Date 7/1/09)

Please read the requirements and instructions carefully before you begin.

AUTHORITY: The Disabled Veteran Business Enterprise (DVBE) Participation Goal Program for State contracts is established in Public Contract Code (PCC), §10115 et seq., Military and Veterans Code (MVC), §999 et seq., and California Code of Regulations (CCR), Title 2, §1896.60 et seq.

The minimum DVBE participation goal is 3% when DVBE goals are deemed mandatory.

INTRODUCTION: The bidder must complete the identified forms and fully document options A, in this document to comply with this solicitation’s DVBE program requirements. Bids or proposals (hereafter called “bids”) that fail to submit all required forms and fully document and meet the DVBE program requirement shall be considered non-responsive, if requirements are deemed mandatory.

Information submitted by the intended awardee to comply with this solicitation’s DVBE requirements will be verified by the State. If evidence of an alleged violation is found during the verification process, the State shall initiate an investigation, in accordance with the requirements of the PCC §10115, et seq., and MVC §999 et seq., and follow the investigatory procedures required by the CCR §1896.80. Contractors found to be in violation of certain provisions may be subject to loss of certification, penalties and/or contract termination.

Only State of California, Office of Small Business and DVBE Services (OSDS), certified DVBEs

(hereafter called “DVBE”) who perform a commercially useful function relevant to this solicitation, may be used to satisfy the DVBE program requirements. The criteria and definition for performing a commercially useful function are contained herein on the page entitled Resources & Information.

Bidders are to verify each DVBE subcontractor’s certification with OSDS to ensure DVBE eligibility.

To meet the DVBE program requirements, bidders must complete and fully document the following compliance option when requirements are mandatory:

Option A - Commitment to full DVBE participation - For a bidder who is a DVBE or who is able to meet the commitment to use identified certified DVBE(s) to fulfill the full DVBE participation goal.

OPTION A – COMMITMENT -- Commit to meet or exceed the DVBE participation requirement in this solicitation by Method A1 (bidder is a California certified DVBE) or A2 (bidder is not a California certified DVBE). Bidders must document DVBE participation commitment by completing and submitting the attached Documentation of Disabled Veteran Business Enterprise Program Requirements (CDVA. 840) and the Bidder Declaration (GSPD-05-105) located elsewhere within the solicitation document. Failure to complete and submit the required forms as instructed shall render the bid non-responsive.

At the State’s option prior to award of the contract, a written confirmation from each DVBE subcontractor identified on the Bidder Declaration must be provided. As directed by the State, the written confirmation must be signed by the bidder and the DVBE subcontractor(s). The written confirmation may request information that includes but is not limited to the DVBE scope of work, work to be performed by the DVBE, term of intended subcontract with the DVBE, anticipated dates the DVBE will perform required work, rate and conditions of payment, and total amount to be paid to the DVBE. If further verification is necessary, the State will obtain additional information to verify the above requirements.

Method A1. Certified DVBE bidder:

a. Commit to performing at least 3% of the contract bid amount (unless otherwise specified) with the prime bidder’s firm or in combination with another DVBE(s).

b. Document option intention on the CDVA 840 (Section A) and document DVBE participation on the Bidder Declaration GSPD-05-105.

c. At the State’s option a DVBE bidder working in combination with other DVBEs shall submit proof of its commitment by submitting a written confirmation from the DVBE(s) identified as a subcontractor on the Bidder Declaration. When requested, the document must be submitted to the address or facsimile number specified and within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for bid rejection.

Method A2. Non-DVBE bidder:

a. Commit to using certified DVBE(s) for at least 3% (unless otherwise specified) of the bid amount.

b. When a bidder commits to less than the required 3% DVBE participation or its commitment may fall below 3% bidder will not be given any incentive points

c. Document option intention on the CDVA 840 (Section A) and document DVBE participation on the Bidder Declaration GSPD-05-105.

d. At the State’s option prior to contract award, a bidder is to submit proof of its commitment by submitting a written confirmation from each DVBE identified as a subcontractor on the Bidder Declaration GSPD-05-105. The awarding department contracting official named in the solicitation may contact each listed DVBE, by mail, fax or telephone, for verification of the bidder’s submitted DVBE information. When requested, the document must be submitted to the address or facsimile number specified and within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for bid rejection.

RESOURCES AND INFORMATION

STATE: Contact the Department of General Services, Procurement Division (DGS-PD), Office of Small

Business and DVBE Services (OSDS), to obtain a list of certified DVBEs by telephone at (916) 322-5060 for the 24-hour automated telephone system or (916) 375-4940 for the receptionist during normal business hours. This information can also be obtained by searching the online database at www.pd.dgs.ca.gov/smbus. Begin by selecting Certified Firm Inquiry Services and then search by using either the Keyword Search or the Standard Query options.

FEDERAL: Search the U.S. Small Business Administration’s (SBA) Central Contractor Registration (CCR) on-line database at www.ccr.gov/ to identify potential DVBEs and click on the "Dynamic Small Business Search" button. Search options and information are provided on the CCR Dynamic Small Business Search site. First time users should click on the “help” button for detailed instructions.

LOCAL: For a list of local DVBE organizations, please refer to the DVBE Resource Packet that may be accessed online (www.pd.dgs.ca.gov/smbus - select “DVBE Resource Packet”) or obtain a hardcopy by requesting it from DGS-PD Office of Small Business and DVBE Services (see the Resources & Information page provided herein).

The Bidders Declaration (GSPD-05-105) MUST be included with the bid; failure to submit these documents shall render your bid non-responsive if requirements are mandatory.

http://www.pd.dgs.ca.gov/smbus http://www.ccr.gov/ http://www.pd.dgs.ca.gov/smbus

RESOURCES AND INFORMATION

For questions regarding bid documentation requirements, contact the contracting official at the awarding department for this solicitation. The Department of General Services, Procurement Division (DGS-PD) publishes a Resource Packet to assist bidders in meeting these contract requirements. To obtain this list, please contact the DGS- PD Office of Small Business and DVBE Services and request the “DVBE Resource Packet.”

U.S. Small Business Administration (SBA):

Use the Central Contractor Registration (CCR) on-line database.

Internet contact only –Database: www.ccr.gov/.

FOR:

Service-Disabled Veteran-owned businesses in California (Remember to verify each DVBE’s California certification.)

Local Organizations (see the DVBE Resource Packet available from DGS-PD DVBE Program Section listed below)

FOR:

List of potential DVBE subcontractors

DGS-PD Office of Small Business and DVBE Services (OSDS) 707 Third Street, Room 1-400, West Sacramento, CA 95605 Website: www.pd.dgs.ca.gov/smbus 24-hour automated information

& document requests: (916) 322-5060 Receptionist: (916) 375-4940 Fax: (916) 375-4950

FOR:

• Directory of Certified DVBEs

• Certification Applications

• Certification Information

• Certification Status, Concerns

DGS-PD Office of Small Business and DVBE Services 707 Third Street, Room 1-400, West Sacramento, CA 95605 Voice, 8 am-5 pm: (800) 559-5529 Fax: (916) 375-4597

FOR:

• DVBE Program Participation Requirements

• DVBE Program Info. and Statewide Policy

• DVBE Resource Packet

• DVBE Business Utilization Plan

• Small Business/DVBE Advocates

Commercially Useful Function Definition

California Code of Regulations, Title 2, § 1896.61(l):

The term "DVBE contractor, subcontractor or supplier" means any person or entity that satisfies the ownership (or management) and control requirements of §1896.61(f); is certified in accordance with §1896.70; and provides services or goods that contribute to the fulfillment of the contract requirements by performing a commercially useful function.

As defined in MVC §999, a person or an entity is deemed to perform a "commercially useful function" if a person or entity does all of the following:

▪ Is responsible for the execution of a distinct element of the work of the contract.

▪ Carries out the obligation by actually performing, managing, or supervising the work involved.

▪ Performs work that is normal for its business services and functions.

▪ Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.

A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of disabled veteran business enterprise participation.

http://www.ccr.gov/ http://www.pd.dgs.ca.gov/smbus

STATE OF CALIFORNIA – Department of Veterans Affairs

DOCUMENTATION OF DISABLED VETERAN BUSINESS ENTERPRISE PROGRAM

REQUIREMENTS

CDVA 840 (REV. 7/2009)

A. Designation Of Option –Complete the applicable section and attach the required supporting documentation.

You are advised to read all instructions carefully prior to completing this form. Remember that only California certified DVBEs who can provide related goods and/or services may be used to satisfy these program solicitation requirements. DVBEs must perform a commercially useful function. During contract performance, all requests for substituting DVBEs subcontractors must be made in accordance with the provisions of California Code of Regulations, Title 2, §1896.64(c).

OPTION A – I commit to meeting the full DVBE Agreement participation requirement.

Complete: CDVA 840, Section A (check the box on this form) and sign and submit the bidders declaration (GSPD 05-105).

Checking every box of your elected compliance option does not guarantee that your bid will be deemed compliant.

OPTION A: COMMITMENT TO DVBE AGREEMENT PARTICIPATION

CDVA 840 included with bid

Designated the Commitment Option in Section A – Checked the box of the form CDVA 840

Bidder Declaration form GSPD-05-105 completed and included with bid

Proposed DVBE participation meets or exceeds the 3% requirement (unless a different percentage is specified)