Disabled Veteran Business Enterprise Program. 5.1. This section is applicable only if Consultant received a Disabled Veteran Business Enterprise (“DVBE”) incentive in connection with this Agreement.
5.2. Consultant’s failure to meet the DVBE commitment set forth in its proposal constitutes a breach of the Agreement.
5.3. If Consultant used DVBE Subconsultants in connection with this Agreement:
5.3.1. Consultant must use the DVBE Subconsultants identified in its bid or proposal, unless the Judicial Council approves in writing replacement by another DVBE Subconsultant in accordance with the terms of this Agreement; and
5.3.2. Consultant must within sixty (60) days of receiving final payment under this Agreement certify in a report to the Judicial Council, on a form supplied by or satisfactory to the Judicial Council, the following:
5.3.2.1. The total amount of money Consultant received under the Agreement;
5.3.2.2. The name and address of each DVBE Subconsultant to which Consultant subcontracted Work in connection with the Agreement;
5.3.2.3. The amount each DVBE Subconsultant received from Consultant in connection with the Agreement; and
5.3.2.4. That all payments under the Agreement have been made to the applicable DVBE Subconsultants.
5.3.3. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation.
Disabled Veteran Business Enterprise Program. The State has waived DVBE program requirements for this solicitation. Under California Code of Regulations 1896.99.100, the California DVBE Incentive provides responsive/responsible firms the opportunity to receive additional incentive calculations. The incentive is applied at the time of solicitation cost evaluation when a bidder has identified a California-certified DVBE subcontractor to provide services or commodities in support of the overall contract effort. Application of the DVBE Incentive may not displace a certified small business low bidder. Please refer to DWR Form 9526, Attachment V for instructions about regarding the DVBE Incentive.
Disabled Veteran Business Enterprise Program. This solicitation includes DVBE program requirements. Please refer to DWR Form 9526, Attachment V for instructions about program documentation and compliance.
Disabled Veteran Business Enterprise Program. 47.1. This section is applicable only if Contractor received a Disabled Veteran Business Enterprise (“DVBE”) incentive in connection with this Contract.
47.2. Contractor’s failure to meet the DVBE commitment set forth in its proposal constitutes a breach of the Contract.
47.3. If Contractor used DVBE subcontractors in connection with this Contract:
47.3.1. Contractor must use the DVBE subcontractors identified in its Contractor Proposals, unless the JBE approves in writing replacement in accordance with the terms of this Contract; and
47.3.2. Within sixty (60) Days of receiving final payment for each applicable Project, Contractor must certify in a report to the JBE, in substantially the form of Exhibit E to this Contract or otherwise satisfactory to the JBE, the following:
47.3.2.1. The total amount of money Contractor received for the Project;
47.3.2.2. The name and address of each DVBE subcontractor to which Contractor subcontracted Work in connection with the Project;
47.3.2.3. The amount each DVBE subcontractor received from Contractor in connection with the Project; and
47.3.2.4. That Contractor has made all payments to the applicable DVBE subcontractors.
47.4. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation.
Disabled Veteran Business Enterprise Program. This project is not subject to the requirements of Public Contract Code (PCC) Section 10115 et. seq., requiring the Contractor shall use, employ and utilize Disabled Veteran Business Enterprise (DVBE) subcontractors, sub-subcontractors or material suppliers who were listed in their bid documents for DVBE Program participation, to the full extent of the amount of money and/or percentage of commitment manifested in the bid documents. If the Contractor wishes to substitute any listed DVBE subcontractors, sub-subcontractors or material suppliers for just and legal cause, the Contractor shall follow the dictates of PCC Sections 4107 and 10115.12b, as well as Military and Veterans Code (M&VC) Section 999.5(e) and California Code of Regulations, Title 2, Section 1896.64. The DVBE may only be replaced by another DVBE and shall obtain the written authorization of the State prior to any such substitutions. The Contractor shall not unilaterally substitute a listed DVBE subcontractor, sub-subcontractor or material supplier. Failure of Contractor to seek substitution and adhere to the DVBE participation requirement identified in the bid may be cause for contract termination, recovery of damages under rights and remedies due to the State, and penalties as outlined in M&VC Section 999.9; PCC Sections 4110 and PCC Section 10115.10.
Disabled Veteran Business Enterprise Program. 4.1. This section is applicable only if Consultant received a Disabled Veteran Business Enterprise (“DVBE”) incentive in connection with the solicitation of this Agreement. Consultant’s failure to meet the DVBE commitment set forth in its proposal constitutes a breach of the Agreement. If Consultant used DVBE Sub-Consultants in connection with this Agreement: (i) Consultant must use the DVBE Sub-Consultants identified in its bid or proposal, unless the Judicial Council approves in writing replacement by another DVBE Sub-Consultant in accordance with the terms of this Agreement; and
