Section 1896.16 - Certified Status(a) A business meeting the eligibility and certification requirements set forth herein shall be certified as a small business, accorded all rights and privileges due pursuant to that certification, and included in the statewide directory of certified small businesses maintained by the OSDS.(b) A certified small business meeting the microbusiness eligibility requirements is also designated a microbusiness. If the business exceeds the eligibility requirements for microbusiness designation at any time during the certification period, the microbusiness designation automatically ceases.(c) It is the responsibility of the business to remain eligible for certification by maintaining all eligibility requirements throughout their certification period. A small business must promptly provide written notification to OSDS of any changes, including but not limited to, operation or ownership, and knowledge of changes that could affect a firm's continuing eligibility, e.g., exceeding the GAR limits and domicile, during its certification period. Should a small business be sold during its certification period, the certification ceases and certification is not transferable to new owners. New owners may seek certification in accordance with section 1896.14.(d) Certification shall be issued for twenty four (24) months. OSDS, in its discretion, may issue certifications of shorter durations, on a case-by-case basis, in accordance with the requirements referenced in section 1896.12. In addition, OSDS may extend the length of certification as long as the total period of certification, including sequential extensions, does not exceed sixty (60) months.(e) Small businesses may apply for recertification in the manner set forth in section 1896.14, within ninety (90) days prior to expiration of an existing certification. (1) Requests for recertification, electronic or paper, may not be submitted earlier than ninety (90) calendar days before the certification expires.(2) Unless otherwise instructed by OSDS because OSDS already possesses the necessary updated information, the recertification request must contain updated information in order to demonstrate continued eligibility.(f) Businesses shall receive electronic notification of certification status including length of certification. In addition, the directory database referenced in section 1896.12(e) will be updated.(g) Certified small businesses are subject to verification of eligibility by OSDS at any time, upon written notice. A certified business must respond to OSDS' verification requests within 30 days from the date the notice is sent to certify that the business continues to meet all eligibility requirements. Additional time to respond shall be granted for good cause, which includes, but is not limited to, the certified business owner being out of the state, a medical issue preventing the certified business owner from responding in time, and needing to wait for another entity to provide the necessary documentation. If a certified small business is determined to no longer meet the eligibility requirements set forth in sections 1896.12 and 1896.13, certification is subject to discontinuance in accordance with section 1896.17, subdivision (b)(5).(h) Requests to withdraw the certification shall be in writing.(i) Small business(es) shall maintain all licenses, insurance coverage, permits, and registrations, including but not limited to those issued by any California state department and local government jurisdiction required for the conduct of business. Small businesses must notify OSDS and the awarding department of any changes in licenses, permits, registrations, operation, or ownership within thirty (30) calendar days upon such change.Cal. Code Regs. Tit. 2, § 1896.16
1. New section filed 6-6-88 as an emergency; operative 6-6-88 (Register 88, No. 25). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-4-88.
2. Certificate of Compliance transmitted to OAL 10-4-88 and filed 11-2-88 (Register 88, No. 46).
3. Change without regulatory effect amending section filed 3-30-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 14).
4. Repealer and new section filed 8-10-2004; operative 9-9-2004 (Register 2004, No. 33).
5. Amendment of section heading, section and NOTE filed 1-23-2017; operative 1-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 4).
6. Amendment 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 14837, 14839.1 and 14843, Government Code. Reference: Sections 14837 and 14839, Government Code.
1. New section filed 6-6-88 as an emergency; operative 6-6-88 (Register 88, No. 25). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-4-88.
2. Certificate of Compliance transmitted to OAL 10-4-88 and filed 11-2-88 (Register 88, No. 46).
3. Change without regulatory effect amending section filed 3-30-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 14).
4. Repealer and new section filed 8-10-2004; operative 9-9-2004 (Register 2004, No. 33).
5. Amendment of section heading, section and Note filed 1-23-2017; operative 1-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 4).
6. Amendment filed 6-29-2023; operative 6/29/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 26).