Exemptions to the DVBE Participation Program Requirement - 1201.1

Policy

When a statutory exemption does not exist, pursuant to California Code of Regulations (CCR) Section 1896.70, state departments “…may exempt a solicitation from DVBE participation. Determining factors for such exemption include, but are not limited to:

Few or no DVBE subcontracting opportunities.
Subcontracting the work is not normal for the industry.
Work is so specialized that few or no DVBEs can [self] perform it.
Procurement pursuant to Government Code §§ 14838.5(a) or 14838.7(a).”

Procedure

When exempting the DVBE Participation Program Requirement for a specific solicitation pursuant to CCR 1896.70, state departments must:

Designate individuals that are authorized to complete, approve, and sign the DVBE Exemption Request form (STD 816) in the “Department designee completing the Std. 816” and “Highest ranking executive or designee” signature blocks. These designations must be identified in the state department’s internal procurement policy and procedure manual.
Confirm that an exemption will not prevent achievement of the state department’s annual three percent (3%) DVBE participation goal prior to completing each individual exemption.
Complete the DVBE Exemption Request form (STD 816) and obtain approvals from the “Department designee completing the STD 816” and from the state department’s “Highest ranking executive or designee” in order to exempt a specific solicitation from the DVBE Participation Program Requirement.
Obtain approvals on the DVBE Exemption Request form (STD 816) prior to releasing a solicitation and/or soliciting offers.
Retain a copy of the approved DVBE Exemption Request form (STD 816) in the procurement file.
Attach or include the approved DVBE Exemption Request form (STD 816) to requests for DGS/Procurement Division (PD) services, including but not limited to, requests for PD to conduct acquisitions on behalf of state departments and transaction-based increase requests for purchasing authority.
Use the electronic signature feature available in the DVBE Exemption Request STD 816.

When exempting the DVBE Participation Program Requirement for an individual solicitation pursuant to a specific statutory exemption, the above procedures apply with the following exception to item (c): Complete the DVBE Exemption Request form (STD 816) in sufficient detail to identify the statutory exemption in the “Exemption Justification” section of the form and obtain approval by the “Department designee completing the Std. 816”; approval by the “Highest ranking executive or designee” is not required.