PD-OSDS-Governance
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If I complain about my competitor, is there any anonymity to protect me? |
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No. As a public agency, DGS is subject to Public Records Act requests, and any complaint you submit—including your firm’s name and related communications—may be disclosed in response to such a request. Additionally, if your firm is currently certified, submitting a complaint on another certified firm will also prompt a review of your own certification for compliance. |
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Help! I’ve been illegally substituted; I’ve been illegally substituted and/or I haven’t been used as a subcontractor (or haven’t been used in the ways I think I should have been used) and they won the contract with my preference/incentive! |
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A: |
If you are
still within the contract term, please contact your Contract Administrator or
the department’s SB/DVBE Advocate. To find out to how to contact a department’s
advocate, visit the SB/DVBE
Advocate Directory. |
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Q: |
I need to substitute a firm, what do I do? |
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For more information on how to provide us with the information needed to process substitutions quickly, see our checklist and instructional guide on how to file a DVBE Substitution Request. |
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How do you hold a substitution hearing? |
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We do not provide awarding departments with instructions on how to conduct a DVBE substitution hearing. Awarding departments must rely on their own internal policies and procedures, or refer to the established practices of another awarding department. |
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Help, a DVBE wasn’t used on a contract with optional work and now they’re complaining. |
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OSDS Compliance cannot enforce underutilization on “at will” contracts at this time. |
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Q: |
We received a complaint where in Compliance is cc'd, but there is no violation and we are not directly addressed. |
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Contact the department’s SB/DVBE Advocate, explain the issue you believe may constitute a program violation, and request that the Advocate investigate the matter. |
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Q: |
I recently lost a bid to a certified Small Business, however, they do not meet the requirements for a Small Business certification. Can you explain to me how they are able to bid? |
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Thank you for your interest in helping maintain the integrity of state contracting. To file a formal complaint, please complete the complaint form and follow the instructions on our website.
Please note that if you choose to file a complaint, both firms involved will undergo a file review as part of the process. |
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Q: |
Your departments all enforce program laws differently in ways that inconvenience me, doesn’t that go against this positive goal that I invented and that I also think you should adopt because it would advantage me? |
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Each department is responsible for enforcing program requirements in accordance with its own policies, procedures, and statutory authority. If you have concerns about how these laws are written or believe that changes are needed, we recommend contacting your legislator, as DGS does not create or modify state laws. If you need help identifying your legislator, you can look them up at the California Legislature’s website. |
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I would like to make suggestions on how I would run and structure this program; how can I share my opinions with the OSDS? |
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The best way to share suggestions or proposed program changes is to put your recommendations in writing and submit them to certification@dgs.ca.gov. Your input will be reviewed by the appropriate OSDS staff. |
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Q: |
How do I file a complaint? |
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If you have a
complaint that you would like to report regarding the SB/DVBE Program or a
certified firm, please follow the procedures outlined on the OSDS Website: |