New Broadcast: Notice of Proposed Rulemaking affecting Disabled Veteran Business Enterprise Regulations
Small Business Regulations
The Department of General Services, Procurement Division, Office of Small Business & Disabled Veteran Business Enterprise Services (OSDS), in accordance with the requirements of the Administrative Procedure Act, (APA) has revised California Code of Regulations (CCR) Sections 1896 – 1896.22, Title 2, Division 2, Chapter 3, Subchapter 8; Office of Small Business Procurement and Contracts. This CCR is also known as the Small Business (SB) regulations. The regulatory amendment incorporated legislation chaptered between 2005 through 2015, deleted obsolete terms and, where applicable, ensured Small Business and Disabled Veteran Business Enterprise regulatory consistency. Opportunities for public input occurred and a hearing was conducted as the links below specified. The rule changes substantially described in the 6/17/2016 initial notice and in a 11/10/16 re-notice, were filed with the Secretary of State and became effective on 1/23/2017.
Small Business Certification Regulations
- Small Business Regulations (Effective 1/23/2017)
- Initial Notice of Anticipated Rule Changes and Supporting Documentation: 6/17/16 – 8/1/2016
- 15 - Day additional public availability: 11/10/16 - 11/28/16
- Final Statement of Reasons: The Final Statement of Reasons (FSOR) and adopted final text, as previously announced, may be obtained by contacting individuals identified in the rulemaking announcements and are also posted on this website page.
OSDS, in accordance with APA requirements, is proposing revisions to CCR Sections 1896.60 - 1896.97, Title 2, Division 2, Chapter 3, Subchapter 10.5; Disabled Veteran Business Enterprise Participation Goal Program for State Contracts. This CCR is also known as the DVBE certification regulations. The necessity for rule adjustments derives from inadequacies, or in some instances, inaccuracies in existing text which have been identified or recognized in the course of program administration subsequent to the last comprehensive revision in 2014. Other changes remove terms that have become obsolete or insufficient over time or supply additional content essential for rule clarity and proper program function. A final category of rule adjustment originates out of the recent adoption of related rules for SB certification, which requires corresponding changes in DVBE regulations for regulatory clarity and consistency reasons.
Links to the text of the proposed regulations (2/13/2018 version), the Notice of Proposed Rulemaking, the Initial Statement of Reasons (ISOR), and the regulations as they appear before revision (for comparative purposes), are all provided on this page. A period for public input and a hearing date have been set as specified in the above links to the Broadcast and Notice.
- Notice of Anticipated Rule Changes and Supporting Documentation: Public Comment Period: 3/16/2018 – 4/30/2018 and Scheduled Hearing Date: 4/30/2018
Availability of the Changed or Modified Text
After holding the public hearing and considering all timely and relevant comments received, DGS may adopt the proposed regulations substantially as described in the notice. If DGS makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15-days before DGS takes action to adopt the regulations as revised. Any such 15-day Re-notice will be posted on this website page. Please send requests for copies of any modified regulations to the addresses indicated in the notice and/or broadcast links.
Availability of the Final Statement of Reasons
Upon its completion, copies of the Final Statement of Reasons (FSOR) may be obtained by contacting individuals identified in the rulemaking announcements. Adopted final text and FSOR will also be posted on this website page. It is DGS’ expectation that all of the APA rulemaking adoption steps will be completed by this upcoming Summer and changes effective Fall, 2018.
You may access the current DVBE regulations and the Small Business & DVBE Request for Certification (Application) at the following links: