BUSINESS PREFERENCE. Section 14835, et seq., of the California Government Code requires that a five percent (5%) preference be given to Bidders who qualify as a small business. The rules and regulations of this law, including the definition of a small business for the delivery of service, are contained in Title 2, California Code of Regulations, and Section 1896, et seq. A copy of the regulations is available upon request. To claim the small business preference, which may not exceed $50,000.00 for any proposal, Bidder’s company must have its principal place of business located in California and have a complete application (including proof of annual receipts) on file with the State Office of Small Business & Disabled Veteran Business Enterprise (OSDS). Questions regarding the preference approval process should be directed to the OSDS, 000 Xxxxx Xxxxxx, 0xx Xxxxx, Xxxx Xxxxxxxxxx, XX 00000, (000) 000-0000. If Bidder is claiming the five percent (5%) small business preference, a copy of the OSDS Small Business Certification must be submitted with the proposal (see Part VII – Mandatory Format and Content Requirements, Paragraph B). Non-small business Bidders may be granted a five percent (5%) non-small business subcontractor preference on a bid evaluation when a responsible non-small business Bidder includes notification that it commits to subcontract at least twenty-five percent (25%) of its net bid price with one or more small businesses. Bidder must submit a list of the small businesses it commits to subcontract with for a commercially useful function in the performance of the contract. The list of subcontractors shall include the subcontractor’s name, address, phone number, description of work to be performed, dollar amount and percentage for each subcontractor. Small business preference qualification information must be included in all bid documents. This must include procedures for claiming small business preference, micro-business preference and non-small business contractor/small business subcontractor preference processes. Note: A non-small business, which qualifies for this preference, may not take an award away from a certified small business.
BUSINESS PREFERENCE. This section is applicable if this Agreement is for IT goods or services and Contractor received a small business preference in connection with this Agreement. Contractor’s failure to meet the small business commitment set forth in its bid or proposal constitutes a breach of this Agreement. If Contractor uses small/micro business Subcontractor(s) in connection with this Agreement: (i) Contractor must use the small/micro business Subcontractors identified in its bid or proposal, unless the Court approves in writing replacement by another DGS-certified small/micro business Subcontractor in accordance with the terms of this Agreement; and (ii) Contractor must deliver to the Court with its final invoice a report detailing the actual percentage of small/micro business participation that was achieved under this Agreement; the Court will not pay Contractor’s final invoice until this report is received. If Contractor is a nonprofit veteran service agency (“NVSA”), Contractor must employ veterans receiving services from the NVSA for not less than 75 percent of the person-hours of direct labor required for the production of goods and the provision of services performed pursuant to this Agreement.
