SB/DVBE Option - 1405.3

The SB/DVBE Option is allowed by Government Code, Section 14838.5(a) and (b).  When using the SB/DVBE Option, contracts may be awarded for goods, services or IT valued from $5,000.01 to $249,999.99 to a certified SB, including microbusiness or a DVBE, without advertising as long as price quotations are obtained from two or more certified SB/MBs or two or more DVBEs.

Using the SB/DVBE Option

Competitive acquisitions using the SB Option or the DVBE Option are to be conducted as follows:

• Create the solicitation (verbal or written)
• Verify SB or DVBE certification status through FI$Cal (certification status is maintained in “real-time” in FI$Cal).
• Release the solicitation only to California certified SBs/MBs or DVBEs.
• Contract award may be made upon receipt of responsive price quotations from at least two (2) responsible California certified SB/MBs or DVBEs and award must be made based upon the solicitation format used.

The procurement file must be documented to support the contract award and the action taken.

Requirements

Departments conducting solicitations using this procurement category must verify that participants are certified either SB or DVBE.  This verification must be documented in the procurement file.

Solicitation Requirements

Departments granted SB/DVBE Option purchasing authority are authorized to conduct SB/DVBE Option competitive solicitations under Government Code, Section 14838.5 (a) and (b) as follows:

• Create the solicitation as described in this chapter.
• Release the solicitation package only to certified SB or DVBE businesses.
• SB or DVBE certification status must be verified through the OSDS Internet site.
• Contract award may be made upon receipt of responsive price quotations from at least two (2) responsible certified SB or DVBE businesses and award must be made based upon the solicitation format used.
• The procurement file must be documented to support the contract award and the action taken, including copies of SB or DVBE business certification as printed from the OSDS search database.

Note:  Whenever the DVBE participation requirement is not included in a solicitation, the buyer must provide documentation within the procurement file to support that the department director or designee has authorized the exemption. This requirement is not applicable if the SB/DVBE Option procurement approach is used.