Chapter 2 – Fiscal Management

The California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) is committed to achieving the legislatively established goal for the participation of disabled veteran-owned businesses in procurement and contracts to the fullest extent possible.

The Disabled Veteran Business Enterprises (DVBEDisabled Veteran Business Enterprises) Program develops policies and procedures to achieve the statewide annual goal of 3 percent in the performance of contracts.

All managers, procurement officers, and contract officers are responsible for implementing the CDCRCalifornia Department of Corrections and Rehabilitation’s DVBEDisabled Veteran Business Enterprises policies and shall exert maximum efforts to successfully achieve the legislatively established DVBEDisabled Veteran Business Enterprises goal.

Pursuant to Public Contract Code (PCCPublic Contract Code) Sections 10115, et seq. and the California Code of Regulations (CCRCalifornia Code of Regulations), Title 15, Sections 3000 and 3475, et seq., CDCRCalifornia Department of Corrections and Rehabilitation policies and procedures have been developed to enable staff to implement and comply with DVBEDisabled Veteran Business Enterprises requirements for services and commodities. These policies and procedures are the means by which the CDCRCalifornia Department of Corrections and Rehabilitation shall accomplish its objectives to:

• Achieve or exceed the statutory goal of 3 percent DVBEDisabled Veteran Business Enterprises participation.

• Provide DVBEDisabled Veteran Business Enterprises firms the maximum opportunity possible to provide CDCRCalifornia Department of Corrections and Rehabilitation services and commodities.

For contracts pursuant to statutes that require minority and women business enterprise participation, staff should notify the Centralized Procurement Section (CPS) for policy and procedure requirements.

For definitions of contract terms that are not included in this glossary refer to Department Operations Manual (DOMDepartment Operations Manual) Section 22040, Contracts.

CERTIFICATION: Refer to the CCRCalifornia Code of Regulations, Title 15, Section 3000.

DEPARTMENTAL CONTRACT REPRESENTATIVE (DCR): Either the facility’s or headquarters’ staff person who processes service contracts or commodity purchases, answers questions regarding the transaction, and assists the vendor in complying with the DVBEDisabled Veteran Business Enterprises requirements.

DISABLED VETERAN BUSINESS ENTERPRISE (DVBEDisabled Veteran Business Enterprises): Refer to the CCRCalifornia Code of Regulations, Title 15, Section 3000.

GOAL: Refer to the CCRCalifornia Code of Regulations, Title 15, Section 3000.

GOOD FAITH EFFORT (GFEGood Faith Effort): Refer to the CCRCalifornia Code of Regulations, Title 15, Section 3000.

DVBEDisabled Veteran Business Enterprises BUSINESS UTILIZATION PLAN: A plan submitted by a bidder to the Department of General Services (DGSDepartment of General Services) and approved as set forth in PCCPublic Contract Code Section 10115.15.

Refer to the CCRCalifornia Code of Regulations, Title 15, Sections 3000 and 3475, et seq., CDC Form 1457, DVBEDisabled Veteran Business Enterprises Mandatory Participation Requirements for Competitive Bid Contracts, and CDC Form 1458, DVBEDisabled Veteran Business Enterprises Mandatory Participation Requirements for Sole Source Contracts.

An organized network between facilities and headquarters shall be developed to facilitate the dissemination and exchange of DVBEDisabled Veteran Business Enterprises information and policies.

Each facility and headquarters procurement office shall designate one staff member to serve as the contact person regarding all DVBEDisabled Veteran Business Enterprises issues.

The DVBEDisabled Veteran Business Enterprises contact shall coordinate with CPS on the following areas:

• Staff/vendor training.

• Dissemination of policies and procedures.

• Technical assistance.

• DBVE outreach activities.

All DVBEDisabled Veteran Business Enterprises printed materials pertaining to contracts, procurement, and/or outreach activities shall be reviewed by CPS before distribution and implementation to ensure that the information complies with current CDCRCalifornia Department of Corrections and Rehabilitation policy and legislative mandates.

Refer to CDC Form 1457, DVBEDisabled Veteran Business Enterprises Mandatory Participation Requirements for Competitive Bid Contracts, and CDC Form 1458, DVBEDisabled Veteran Business Enterprises Mandatory Participation Requirements for Sole Source Contracts.

Refer to CCRCalifornia Code of Regulations, Title 15, Sections 3000 and 3475, et seq.

Refer to CCRCalifornia Code of Regulations, Title 15, Sections 3000 and 3475, et seq., CDC Form 1457, DVBEDisabled Veteran Business Enterprises Mandatory Participation Requirements for Competitive Bid Contracts, and CDC Form 1458, DVBEDisabled Veteran Business Enterprises Mandatory Participation Requirements for Sole Source Contracts.

In accordance with the CCRCalifornia Code of Regulations, Title 15, Section 3475, purchases made under the delegated purchase authority for an amount of $15,000 or less are exempt from DVBEDisabled Veteran Business Enterprises participation requirements.

Refer to the CCRCalifornia Code of Regulations, Title 15, Sections 3000 and 3475, et seq., CDC Form 1457, DVBEDisabled Veteran Business Enterprises Mandatory Participation Requirements for Competitive Bid Contracts, and CDC Form 1458, DVBEDisabled Veteran Business Enterprises Mandatory Participation Requirements for Sole Source Contracts.

This Section describes the forms needed to document and monitor DVBEDisabled Veteran Business Enterprises compliance. Instructions on completing the forms provide users with an understanding of the purposes of the individual forms as well as how each form corresponds with the others to produce a comprehensive system of compliance tracking.

The data on DVBEDisabled Veteran Business Enterprises compliance forms is used to prepare the annual Report to the Governor and the Legislature. The forms shall be submitted by the CDCRCalifornia Department of Corrections and Rehabilitation contract/procurement offices to the appropriate headquarters’ office in a complete and timely fashion.

All original DVBEDisabled Veteran Business Enterprises documents shall be maintained with the contract to provide an audit trail.

The CDC Form 1457, DVBEDisabled Veteran Business Enterprises Mandatory Participation Requirements – Competitive Bid Contracts, shall be used for all CDCRCalifornia Department of Corrections and Rehabilitation competitive bid contracts, which contain DVBEDisabled Veteran Business Enterprises requirements. This package shall be included with all Invitations for Bid, Requests for Proposal, and Requests for Quotations when released to interested bidders.

The CDC Form 1457 provides a brief overview of the DVBEDisabled Veteran Business Enterprises program and legislative mandates. Refer to CDC Form 1457 for specific instructions.

The CDC Form 1458, DVBEDisabled Veteran Business Enterprises Mandatory Participation Requirements – Sole Source Contracts, shall be used for all contracts exempted from the competitive bid process and from advertising in the California State Contracts Register (sole source contracts).

Sole source contracts are not exempt from DVBEDisabled Veteran Business Enterprises compliance unless they are exempt pursuant to CCRCalifornia Code of Regulations, Title 15, Section 3475, et seq. Refer to CDC Form 1458 for specific instructions.

The CDC Form 1786, DVBEDisabled Veteran Business Enterprises Participation in Exempt Contracts, documents DVBEDisabled Veteran Business Enterprises participation in competitive bid and sole source contracts, which are exempt from DVBEDisabled Veteran Business Enterprises requirements.

Although the contract is exempt from DVBEDisabled Veteran Business Enterprises requirements, any documented participation that may exist in the bid proposal/proposed contract shall be reported.

The DVBEDisabled Veteran Business Enterprises participation information gathered from the CDC Form 1786 shall be recorded on the CDC Form 1428.

Whenever a potential bidder/contractor obtains a competitive bid or sole source package for a DVBEDisabled Veteran Business Enterprises-exempt contract, a CDC Form 1786 shall also be supplied to the potential bidder/contractor who shall be encouraged to complete and return the form if the contract contains documented DVBEDisabled Veteran Business Enterprises participation.

The STDStandard Form (DGS). Form 810 shall be used to record DVBEDisabled Veteran Business Enterprises expenditure and participation data for inclusion in the annual Report to the Department of General Services.

The CDC Form 1818, Request to Exempt Contract from DVBEDisabled Veteran Business Enterprises Requirements, shall be used to request DVBEDisabled Veteran Business Enterprises exemptions for service and public works contracts. Refer to CCRCalifornia Code of Regulations, Title 15, Section 3475, et seq., to determine exemption criteria. Refer to CDC Form 1818 for specific instructions.

Unless specifically exempt, the following standard DVBEDisabled Veteran Business Enterprises contract language shall be included in all contracts:

Over $15,000

• “Disabled Veterans Business Enterprises (DVBEDisabled Veteran Business Enterprises) Conditions”

  • To the best of the Contractor’s ability, the Contractor shall fulfill his/her obligations in dispensing that portion of the contract amount to the DVBEs as identified in the reply to the DVBEDisabled Veteran Business Enterprises Mandatory Participation Requirements. Said reply by reference is a part of this contract and is on file and available for review Monday through Friday between the hours of 9:00 a.m. and 4:00 p.m. at the contracting location.

  • Contractor agrees that the State or its delegate will have the right to review, obtain, and copy all records pertaining to performance of the contract. Contractor agrees to provide the State or its delegate with any relevant information requested and shall permit the State or its delegate access to its premises, upon reasonable notice, during normal business hours to interview employees, inspect and copy such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with PCCPublic Contract Code Section 10115 et seq. and CCRCalifornia Code of Regulations, Title 2, Section 1896.60 et seq. Contractor further agrees to maintain such records for a period of three (3) years after final payment under the contract.”

$15,000 or Less

• “Contractor agrees that, in the event the contract is amended to exceed $15,000, Contractor shall comply with CDCRCalifornia Department of Corrections and Rehabilitation’s DVBEDisabled Veteran Business Enterprises participation goals as set forth in PCCPublic Contract Code Section 10115(c).”

The DCR is the primary facility’s or headquarters’ staff member responsible for the coordination and processing of a specific contract.

The DCR shall provide information and/or assistance to all potential bidders/contractors regarding participation requirements. In this capacity, the DCR shall:

• Answer questions regarding DVBEDisabled Veteran Business Enterprises certification and GFEGood Faith Effort requirements.

• Provide potential contractors with a DVBEDisabled Veteran Business Enterprises Resource Packet for identifying State and local DVBEDisabled Veteran Business Enterprises referral organizations and focus and trade/professional publications.

• Clarify any other contract-related issues.

If the DCR cannot adequately respond to bidders’/contractors’ questions, the DCR shall contact their designated contract analyst in headquarters.

If the contract analyst is unable to assist with a specific issue, the contract analyst shall contact CPS.

The DCR shall accurately document all contacts from potential contractors including the specific types of information and/or assistance provided.

All procurements made under the delegated purchase authority are exempt from DVBEDisabled Veteran Business Enterprises requirements.

Generally, all purchases which exceed the delegated purchase authority limit are processed by DGSDepartment of General Services, which has the responsibility for DVBEDisabled Veteran Business Enterprises compliance and reporting, unless otherwise directed by DGSDepartment of General Services.

The Deputy Director, OBSOffice of Business Services, or designee shall ensure that the contents of this Article are accurate and current.

PCCPublic Contract Code §§ 2050, et seq., 10115, et seq., 10340(b)(1), and 10356(c).

W&ICWelfare and Institutions Code § 1753.3.

CCRCalifornia Code of Regulations (2) § 1896. CCRCalifornia Code of Regulations (15) §§ 3000, 3475, 3476, and 3477.

SAMState Administrative Manual §§ 1200, et seq., 3500, et seq., and 3612, et esq.