Section 1896.99.100 - Incentive Application(a) Whenever an awarding department applies the DVBE program requirement, it shall offer the DVBE incentive as outlined in this subchapter for DVBE participation. The incentive may also be offered when other competitive solicitations take place. The highest ranking executive officer or designee may exempt individual contracts from the DVBE incentive with a full and complete written justification as long as such exemption does not prevent achievement of a department's DVBE participation goal.(b) The incentive is applied during the evaluation process and is only applied for responsive bids from responsible bidders proposing the percentage(s) of DVBE participation for the incentive(s) specified in the solicitation. Solicitations may provide an incentive scale under which bidders obtaining higher levels of participation qualify for greater incentives.(c) For award based on low price, the incentive is applied by reducing the bid price by the amount of incentive as computed from the lowest responsive and responsible bid price. The computation is for evaluation purposes only. Application of the incentive shall not displace an award to a small business with a non-small business.(d) For award based on high score, the incentive points are included in the sum of non-cost points. The incentive points cannot be used to achieve any applicable minimum point requirements.Cal. Code Regs. Tit. 2, § 1896.99.100
1. New section filed 10-9-2007; operative 10-9-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 41).
2. Amendment of subsection (a) filed 2-14-2013; operative 4-1-2013 (Register 2013, No. 7).
3. Amendment of subsection (a) and NOTE filed 10-29-2018; operative 1-1-2019 (Register 2018, No. 44).
4. Amendment of subsection (a) 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, 14615 and 14839, Government Code; and Section 999.5, Military and Veterans Code. Reference: Section 14838, Government Code; Sections 999.5, 999.55 and 999.7, Military and Veterans Code; and Section 10230, Public Contract Code.
1. New section filed 10-9-2007; operative 10-9-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 41).
2. Amendment of subsection (a) filed 2-14-2013; operative 4-1-2013 (Register 2013, No. 7).
3. Amendment of subsection (a) and Note filed 10-29-2018; operative 1/1/2019 (Register 2018, No. 44).
4. Amendment of subsection (a) and Note filed 6-29-2023; operative 6/29/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 26).