1. (a) The requirement to meet the DVBE goal or make a good faith effort to meet it must be satisfied, at the time of bid opening, by meeting the provisions of (b) or (c) below.
2. (b) The requirement for meeting the DVBE goal shall be deemed to have been met if a bidder is a disabled veteran business enterprise and committed to performing not less than 3 percent of the dollar amount of the bid with its own forces, or is committed to use DVBEs for not less than 3 percent of the dollar amount of the bid.
3. (c) The requirement for making a good faith effort to meet the DVBE goal shall be determined as follows: the Trustees shall evaluate the effort made by the bidder to seek out and consider disabled veteran business enterprises as potential subcontractors, materials and equipment suppliers, or both in order to meet the requirement set forth in subdivision (b). In evaluating such effort, the Trustees shall consider written evidence of the actions specified in Public Contract Code, section 10115.2(b). Based on this evaluation, the Trustees, in its sole discretion, may make a finding that the good faith effort requirement has been met.

Note: Authority cited: Section 89030, Education Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115 et seq., 10290 et seq., 10700 et seq., 12100 et seq. and 12120 et seq., Public Contract Code.

History

1. New section filed 2-7-91; operative 3-9-91 (Register 91, No. 33).

2. Amendment of subsections (b)(1), (b)(2) and (c), new subsection (b)(3), subsection renumbering, and amendment of Note filed 11-19-93; operative 11-19-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 47).

3. Amendment of section heading and section filed 8-5-98; operative 8-5-98 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only (Register 98, No. 39).