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DVBE Legislation |
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2003-2004 Session
- AB 669 (Cohn) HTML PDF
- A small business, microbusiness, or DVBE prime or subcontractor must perform a "commercially useful function" (CUF) related to the awarded contract's specifications.
- Increased penalties for fraudulent misrepresention of a DVBE performing a CUF and/or for misrepresenting the DVBE's participation for obtaining or retaining a contract.
- The disabled veteran must be domiciled in California.
- SB 1008 (Machado) HTML PDF
- Limited liability companies must be wholly owned by one or more disabled veterans.
- A DVBE that rents equipment to an awarding department is considered an equipment broker, unless one or more disabled veterans own 51% of the equipment with evidence to support the fact. This includes submitting to the Office of Small Business and DVBE Certification (OSDC), a copy of the complete personal federal income tax return for each of the disabled veteran owners.
- Awarding department shall not rely on a DVBE's certification status if the agency knows that the DVBE does not maintain certification requirements.
- State funds used for equipment rented from equipment brokers cannot be credited towards the 3% goal.
- A DVBE broker awarded a contract under the 3% goal provisions must disclose their broker status to the awarding agency prior to contract performance.
- Disabled veterans must provide federal tax returns for DVBE certification consideration.
- Penalties for fraud will be imposed.
2001-2002 Session
- AB 737 (Oropeza) HTML PDF
- Allows state agencies to use informal competitive bidding process for contracts between $5000 and $99,999, when contract is awarded to a DVBE, after obtaining a price quote from at least two DVBEs. (Also known as the "SB/DVBE Option".)
- AB 941 (Florez) HTML PDF
- Requires state agencies/departments to appoint a DVBE advocate. The appointed individual shall serve as both SB & DVBE advocate.
- SB 1045 (Polanco) HTML PDF
1999-2000 Session
- AB 409 (Dickerson) HTML PDF
- Allows a certified DVBE to retain its status for up to three years after the death or permanent disability of the disabled veteran, if the DVBE is inherited or controlled by the disabled veteran's spouse or child, or by both. This would only apply to contracts entered into prior to the disabled veteran's death or permanent disability.
- Dept. of Veterans Affairs to appoint advocate to oversee and report on the DVBE program.
- Similar provisions to be added to Military and Veterans Code that are in Public Contract Code relating to three percent DVBE participation goal.
- AB 1633 (Committee on Veterans Affairs) HTML PDF
- Requires any school district using funds allocated pursuant to the School Facilities Act of 1998 for school construction or modernization to have an annual 3% DVBE participation goal of the overall dollar amount expended each year by the school district.
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