Section 2053 Of Chapter 2.5. Certification Of Minority And Women Business Enterprises From California Public Contract Code >> Division 2. >> Part 1. >> Chapter 2.5.
2053
. (a) A participating state or local agency shall certify a
business enterprise as a minority or women business enterprise if
that business enterprise meets the definition of a minority or women
business enterprise specified in subdivisions (d) and (e) of Section
2051 in accordance with the eligibility standards set forth in
Section 23.53 of Title 49 of the Code of Federal Regulations.
(b) A participating state or local agency shall certify a business
enterprise as a disadvantaged business enterprise if that business
enterprise meets the definition of a disadvantaged business
enterprise specified in subdivision (f) of Section 2051, in
accordance with the "Guidance for Making Determinations of Social and
Economic Disadvantage" set forth in Appendix C to Subpart D of Part
23 of Title 49 of the Code of Federal Regulations.
(c) The participating state or local agency may include a site
visit as part of its certification process. However, if a
participating state or local agency certifies an applicant without
conducting a site visit, any other participating state or local
agency may conduct a site visit to verify ownership and control of
the minority, women, or disadvantaged business enterprise. For
purposes of conducting a site visit, certification documentation
retained by the participating state or local agency shall be
provided, upon request, to any other participating state or local
agency. The applicant shall be subject to only one site visit per
year, unless ownership and control changes have occurred in the
business within the 12-month period following a site visit. Nothing
in this chapter shall prohibit a participating state or local agency
from conducting a site visit for purposes of preparing a response to
an appeal from a notice of intent to decertify pursuant to Section
2055.
(d) A participating state or local agency shall complete the
certification process, including verification of information
submitted by the applicant and the performance of a site visit, if
applicable, within 60 working days after receipt of a completed
application, and shall submit the appropriate information to the
Department of Transportation for insertion into the computerized data
bank created pursuant to Section 2056.
(e) The grant of certification of a business enterprise by a
participating state or local agency shall be valid for two years. A
business enterprise that has been denied certification by a
participating state or local agency may reapply for certification
after six months have elapsed since the date of the denial of
certification.
(f) A participating state or local agency shall provide adequate
security methods to prevent contamination and unauthorized access to
the information gathered during the verification process.