Section 1896.82 - Responsibilities of the DVBE ApplicantFor certification consideration, the DVBE applicant must comply with the following:
(a) In its submission of the section 1896.80 Request for Certification, demonstrate that the requirements for certification set forth in this subchapter and Article 6 of Chapter 6, Division 4 of the California Military and Veterans Code (commencing with section 999), are satisfied. Requests for Certification are considered pending until OSDS determines that all eligibility requirements have been satisfied, and required documentation has been submitted and evaluated for sufficiency and completeness.(b) In addition to the substantiating and supporting information requirements of section 1896.80, applicants shall submit a copy of the United States Department of Veterans Affairs or United States Department of Defense documentation which proves the existence of a service-connected disability of at least ten percent (10%).(c) When bidding due dates apply, the certification request should be filed no later than the end of the bid due date, unless rules for the Small Business Procurement and Contract Act (California Code of Regulations, Title 2 § 1896 et seq.) specify a different time, in which case the time for submission of the request for certification as so identified in that subchapter shall prevail.(d) If the department determines just cause as identified in Government Code section 14840 subdivision (b)(2), OSDS may require the certification applicant, owner of the disabled veteran business enterprise, or the certified firm, to complete and submit to OSDS an Internal Revenue Service Form 4506-T from the United States Treasury, requesting a transcript of their or its tax return.(e) In reviewing a request for certification OSDS may:(1) Consider information previously submitted, provided, or collected, including but not limited to the information provided by any applicant or any records gathered or held by any California state or local agency, any governmental agency of another state, or the federal government;(2) Require additional documents and information that support or prove eligibility;(3) Require clarifications, additional documentation, corrections, or amendments to the request for certification, including the supporting documentation submitted; or(4) Accept a withdrawal of the certification request in writing when the DV or business does not meet eligibility requirements or is not able to provide supporting documentation to prove eligibility including proof of active status on licenses.(f) DVBEs must notify OSDS promptly, in writing, upon any change in the business address, contact information, or the DVs home address that may occur before obtaining certification.(g) No other organization's DVBE certification cannot be accepted as the equivalent of OSDS certification.(h) Applicants are expected to provide or have readily available all substantiating documentation and information to prove eligibility when submitting the request for certification. Certification requests that do not meet eligibility requirements will be denied in accordance with section 1896.83.Cal. Code Regs. Tit. 2, § 1896.82
1. New section filed 2-14-2013; operative 4-1-2013 (Register 2013, No. 7).
2. Amendment of subsections (g) and (h)(3)(B), new subsections (h)(3)(C)-(h)(3)(C)2. and amendment of NOTE filed 1-23-2017; operative 1-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 4).
3. Amendment of section heading, section and NOTE filed 11-29-2018; operative 1-1-2019 (Register 2018, No. 48).
4. 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 14600, 14615 and 14839, Government Code; and Sections 999 and 999.5, Military and Veterans Code. Reference: Sections 14839, 14839.1, 14840 and 14843, Government Code; and Sections 999.2 and 999.9, Military and Veterans Code.
1. New section filed 2-14-2013; operative 4-1-2013 (Register 2013, No. 7).
2. Amendment of subsections (g) and (h)(3)(B), new subsections (h)(3)(C)-(h)(3)(C)2. and amendment of Note filed 1-23-2017; operative 1-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 4).
3. Amendment of section heading, section and Note filed 11-29-2018; operative 1/1/2019 (Register 2018, No. 48).
4. Amendment filed 6-29-2023; operative 6/29/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 26).