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2-1.02 DISABLED VETERAN BUSINESS ENTERPRISE(DVBE) <br /> It is the policy of the Department that Disabled Veteran Business Enterprises(DVBEs)shall be provided the opportunity <br /> for full participation in the performance of contracts financed solely with state funds. The Contractor shall take all necessary <br /> and reasonable steps to ensure that DVBEs have such opportunity to participate in the performance of this contract. The <br /> Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of <br /> subcontracts. <br /> It is the bidder's responsibility to make a sufficient portion of the work available to subcontractors and suppliers and to <br /> select those portions of the work or material needs consistent with the available DVBE subcontractors and suppliers, so as to <br /> assure meeting the goal for DVBE participation or to provide information to establish that,prior to bidding,the bidder made <br /> good faith efforts to do so. <br /> Section 999, et seq., of the Military and Veterans Code sets forth requirements for DVBE participation goals, <br /> summarized as follows: <br /> A. "Disabled Veteran Business Enterprise" (DVBE) means a business concern certified as a DVBE by the Office of <br /> Small Business and DVBE Services,Department of General Services. <br /> B. DVBEs must be certified on the date bids for the project are opened before credit may be allowed toward the DVBE <br /> goal. It is the Contractor's responsibility to verify that DVBEs are certified. <br /> C. The disabled veteran business owner must be domiciled in the State of California. <br /> D. A DVBE may participate as a prime contractor, as a subcontractor, as a joint venture partner with a prime or <br /> subcontractor,or as a vendor of material or supplies. <br /> E. The DVBE must perform a commercially useful function, that is, be responsible for the execution of a distinct <br /> element of the work and carry out its responsibility by actually performing,managing,or supervising the work. An <br /> extra participant will not be considered to perform a commercially useful function. <br /> F. Credit for DVBE prime contractors will be 100 percent of the contract price. <br /> G. Credit for participation of a DVBE subcontractor, supplier, or broker will be 100 percent provided such DVBE is <br /> performing a commercially useful function. <br /> H. A DVBE broker shall submit the required declarations and federal tax returns at the time of performance. <br /> Failure to carry out the requirements of Section 999,et seq.,of the Military and Veterans Code shall constitute a material <br /> breach of this contract and may result in termination of the contract or other remedy the Department deems appropriate. <br /> A DVBE joint venture partner must be responsible for specific contract items of work, or portions thereof. The DVBE <br /> joint venture partner must share in the ownership,control,management responsibilities,risks,and profits of the joint venture. <br /> The DVBE joint venture must submit the joint venture agreement with the Caltrans Bidder DVBE Information form required <br /> in Section 2-1.02B,"Submission of DVBE Information,"elsewhere in these special provisions. <br /> Section 10115 of the Public Contract Code requires the Department to establish a goal for Disabled Veteran Business <br /> Enterprise(DVBE)participation in contracts. <br /> 2-1.02A DVBE GOAL FOR THIS PROJECT <br /> The Disabled Veteran Business Enterprise(DVBE)participation goal for this project:3 percent. <br /> The Office of Small Business and DVBE Services,Department of General Services,is located at 707 Third Street,West <br /> Sacramento, CA 95605. It may be contacted at (800)559-5529 or (916)375-4940 or its internet web site at <br /> http://www.pd.dgs.ca.gov/smbus/default.htm for program information. <br /> 2-1.02B SUBMISSION OF DVBE INFORMATION <br /> The required DVBE information shall be submitted on the "CALTRANS BIDDER- DVBE INFORMATION' form <br /> included in the Proposal. If this information is not submitted with the bid, the DVBE information forms shall be removed <br /> from the documents prior to submitting the bid. <br /> If the DVBE information is not submitted with the bid, the apparent successful bidder (low bidder), the second low <br /> bidder and the third low bidder shall submit the DVBE information to the following address: Department of Transportation, <br /> MS 43, Attn: Office Engineer, 1727 30th Street, Sacramento, California 95816 so the information is received by the <br /> Department no later than 4:00 p.m. on the fourth business day following bid opening. Failure to submit the required DVBE <br /> information by the time specified will be grounds for finding the bid or proposal nonresponsive. Other bidders need not <br /> submit DVBE information unless requested to do so by the Department. <br /> The bidder's DVBE information shall establish that either it met the goal or that, prior to bidding, it made good faith <br /> efforts to meet the goal. Information demonstrating that a good faith effort to meet the DVBE goal has been made by the <br /> bidder shall be submitted on the"DVBE INFORMATION GOOD FAITH EFFORTS"form included in the Proposal. <br /> Contract No. 10-OM7104 <br /> 102 <br />