Cal. Code Regs. tit. 2 § 1896.100

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 1896.100 - Definitions

As used in these rules and regulations:

(a) "The Act" means the Employment and Economic Incentive Act, commencing with section 7080 of the California Government Code.

(b) "Hire" means to employ on a full-time basis a person or persons for the purpose of performing a contract in accordance with the provisions of the Act.

(c) "Contract for goods" means a contract for the purchase of materials, equipment, and supplies, but excluding a contract with a governmental entity.

(d) "Contract for services" means a contract for the rendering of personal or consultant services, but excluding a contract with a governmental entity. For the purpose of this definition, personal services shall be construed liberally so as to include services requiring little or no discretion, such as but not limited to, blueprinting, photofinishing, laboratory analysis, automobile repairs, office equipment repairs, and reproduction services.

(e) "False Certification" means a certification which, either by omission or inclusion, the certifying party knows to be false or should have known to be false.

(f) "California-based company" means a corporation or business, of which the principal office is located in California, and the owners, or officers if the firm is a corporation, are domiciled in California.

(g) "50 percent of the labor required" means one-half of the total employee hours needed to perform the contract involved. In computing total employee hours with respect to a contract for goods, the employee hours required for manufacturing the goods offered shall be included regardless of whether a bidder is or is not the manufacturer of the goods.

(h) "Work force" as expressed in the Act means the total number of employees required to directly fulfill the contract requirements as they are set forth in the specifications and/or instructions at the time that bids are solicited by the State. As used herein the term "work force" shall not include labor or services which are merely incidental to the performance of the contract. This exclusion shall include labor and/or services which are considered administrative overhead/support that is not directly allocated to and budgeted for the performance of the state contract for which a hiring preference, authorized by sections(s) 7095(b) or 7095(d) of the Act, is granted.

(i) "Lowest responsible bid or proposal" means that bid or proposal which pursuant to the criteria contained in the solicitation document would be entitled to contract award without regard to any preference.

(j) "Program area," in addition to the definition contained in Government Code section 7082(i), shall also mean an enterprise zone established in accordance with the Enterprise Zone Act commencing with section 7070 of the Government Code.

Cal. Code Regs. Tit. 2, § 1896.100

1. Change without regulatory effect renumbering former section 1896.70 to section 1896.100 filed 1-27-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 4).
2. Relocation of subchapter 11 heading and relocation and amendment of article 1 heading filed 8-5-94; operative 8-5-94 (Register 94, No. 31).

Note: Authority cited: Section 7099, Government Code. Reference: Sections 7080, 7082, 7095 and 7097, Government Code.