Section 1896.72 - Contract Award Considerations(a) If a bidder fails to meet a required DVBE participation goal, the bidder shall be deemed unresponsive and ineligible for award.(b) With respect to Invitations For Bid for the purchase of supplies or equipment in accordance with Article 3 of Chapter 2 of Part 2 of Division 2, commencing with section 10301 of the Public Contract Code or the acquisition of information technology (IT) goods and services in accordance with Chapters 3 and 3.6 of Part 2 of Division 2, commencing with section 12100 of the Public Contract Code, where the awarding department has reserved the right to make either multiple awards or a single contract award, a single bidder shall be deemed responsive based on the award for a single contract, notwithstanding the fact that the bidder may be unable to meet the established DVBE participation goal. How a department understands and applies the distinction between multiple or single contract awards is set forth in Volumes 2 and 3 of the State Contracting Manual.(c) Prior to contract award, the DVBE shall assure it is in compliance with Public Contract Code sections 10410 and 10411 and any other relevant conflict of interest or incompatible activities prohibition applicable to state officers, state employers, or former state employees.Cal. Code Regs. Tit. 2, § 1896.72
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 heading, section and NOTE filed 11-29-2018; operative 1-1-2019 (Register 2018, No. 48).
3. Amendment of subsections (b)-(c) and NOTE filed 6-29-2023; operative 6-29-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 26). Note: Authority cited: Sections 14600 and 14839, Government Code; and Section 999.5, Military and Veterans Code. Reference: Sections 14615.1 and 19990, Government Code; Sections 999, 999.5, 999.55, 999.7 and 999.10, Military and Veterans Code; and Sections 10115.2, 10230, 10295, 10300, 10410, 10411 and 12100, Public Contract Code.
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 heading, section and Note filed 11-29-2018; operative 1/1/2019 (Register 2018, No. 48).
3. Amendment of subsections (b)-(c) and Note filed 6-29-2023; operative 6/29/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 26).