IFB_ATTACHMENT__DVBE_INCENTIVE.docx

DVBE ATTACHMENT 10

BIDDER TO READ IF APPLYING FOR DVBE INCENTIVE PREFERENCES

CALIFORNIA DISABLED VETERANS BUSINESS ENTERPRISE (DVBE) PROGRAM

Section A - DVBE COMMITMENT OPTION

BIDDER IS ADVISED TO READ INSTRUCTIONS CAREFULLY

COMMERCIALLY USEFUL FUNCTION (California Code of Regulations, Title 2, Section 1896.61 (l)

Firms selected must perform a “commercially useful function” relevant to this Contract. The term “DVBE Contractor, subcontractor or supplier” means any person or entity that satisfies the ownership (or management) and control requirements of California Code of Regulations, title 2, Section 1896.61(f), is certified in accordance with California Code of Regulations, title 2, Section 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 Military and Veterans Code Section 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; and

· 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, subcontractors, or supplier’s role is limited to that of an extra participant in order to obtain the appearance of disabled veteran business participation.

INSTRUCTIONS FOR DOCUMENTING DVBE CERTIFICATION OF DVBE PARTICIPATION

Read the following information carefully. Failure to comply with DVBE program requirements may result in rejection of your bid.

“DOCUMENTATION OF DVBE PARTICIPATION REQUIRMENTS”

1. Be sure to make the proper determination that the selected DVBE firm meets California CUF requirements.

2. Under “DVBE OPTION DESIGNATION” below, select the option appropriate for your firm’s commitment and then complete the Bidder Certification of DVBE Participation.

a. If Option 1 is selected, complete the Bidder Certification, Sections 3 – 4 (page 31). Include the , Documentation of DVBE Participation Requirements, the Bidder Certification of DVBE Participation and your DVBE certification with your bid response

b. For Option 2, see instructions below

c. If submitting a Business Utilization Plan, first contact the department’s SB/DVBE Advocate at (916) 558-5699.

DVBE OPTION DESIGNATION - Check the appropriate box to indicate the option you are choosing with which to meet your DVBE commitment. You are advised to read all instructions carefully prior to completing the forms.

· OPTION 1: We are a certified DVBE firm bidding this solicitation as a prime firm and as such, my commitment is at least three percent.

· OPTION 2: We are not a certified DVBE firm. We have committed to meeting DVBE participation of at least ___ or more percent.

· OPTION 3: Attached is a copy of our firm’s DGS OSDS approved DVBE Business Utilization Plan” (BUP)

Section B - DOR BIDDER CERTIFICATION OF DVBE PARTICIPATION

In accordance with Military and Veterans Code, Article 6 (commencing with Section 999) of Chapter 6, Division 4 of the California Military Code, Public Contract Code 10115, as the prime Bidder, you are yourself, or you have selected, and mutually agreed to partner with, a California certified DVBE Contractor to provide commodities or services related to the performance of services identified in Department of Rehabilitation IFB/RFP solicitation document. Submission of this form constitutes an agreement between the Prime Bidder and the Certified DVBE Sub-Contractor to fulfill California Disabled Veteran Business Enterprise Participation Program requirements related to the final executed Contract. Any change to the DVBE sub-contractor must be submitting in writing to the Department’s DVBE Advocate.

The Bidder Certification form must be signed by company representatives with recognized legal authority to do so.

SECTION 1 - PRIME BIDDER BUSINESS INFORMATION

FIRM NAME

FIRM CONTACT

STREET ADDRESS

CITY

STATE

ZIP

FIRM TELEPHONE

FAX#:

EMAIL

FEIN#

SECTION 2 - IDENTIFY THE SERVICES OR COMMODITIES TO BE PROVIDED BY THE SELECTED DVBE FIRM(S)

SECTION 3 - IDENTIFY YOUR FIRM’S DVBE COMMITMENT

____ I HAVE COMMITTED ____ PERCENT TO THE DVBE FIRM LISTED BELOW (if multiple DVBE firms are use; total must be 3% overall)

____ I HAVE COMMITTED GREATER THAN THREE PERCENT. PERCENT COMMITTED: ____%

____ I HAVE COMMITTED THE AMOUNT SPECIFIED IN THE SOLICITATION DOCUMENT. PERCENT COMMITTED: ____%

Printed Name of Authorized Representative

SECTION 4 - DVBE FIRM INFORMATION - SUBCONTRACTOR

FIRM NAME

FIRM CONTACT

STREET ADDRESS

CITY

STATE

ZIP

FIRM TELEPHONE

FAX#:

EMAIL

DGS OSDS CERTIFICATION #

Printed Name of Authorized DVBE Representative

Section B.1 - DOR BIDDER CERTIFICATION OF DVBE PARTICIPATION INSTRUCTIONS

Bidders requesting the DVBE Incentive are required to complete DOR - BIDDER CERTIFICATION OF DVBE PARTICIPATION (NEXT PAGE) to document their commitment to a DVBE firm or firms. A separate form is required for each DVBE commitment. Failure to submit this form with your bid will result in a determination of noncompliance and your bid will be rejected.

· Complete the form and to include all requested information

· Sign and date the form

· Attach a current copy of the Department of General Services Office of Small Business and DVBE Services OSDS certification – available through OSDS eProcurement SB/DVBE Website

· Return both forms to you via email or fax.

DISABLED VETERAN BUSINESS ENTERPRISE DECLARATIONS, STD. 843

All prime DVBE firms or DVBE firms acting as subcontractors for materials, supplies, services or equipment rental must submit an original signed DVBE Declaration, Std. 843 with their bid, or provide one to the prime for inclusion with their bid submittal. [Military and Veterans Code 999.3

BIDDER DECLARATION GSPD-05-105

All Bidders responding to this solicitation must complete the Bidder Declaration GSPD-05-105 and include it with their bid response. When completing the declaration, Bidders responding to the solicitation must identify all SB and or DVBE subcontractors proposed for participation in the Contract. Bidders awarded a Contract are contractually obligated to use the SB or DVBE subcontractor for the work identified unless the State agrees to a substitution. The DOR must be notified in writing that a substitution is requested and any substitution of a Small Business or DVBE firm must be approved by the State.