Cal. Code Regs. Tit. 2, § 1896.88 - Unlawful Certification and Contracting Activities

(a) In accordance with the provisions of Military and Veterans Code section 999.9, subdivision (a)(1) through (3), it shall be unlawful for a person to:

(1) Knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining DVBE certification.

(2) Willfully and knowingly make a false statement with the intent to defraud, whether by affidavit or report, to a state official to influence a certification decision.

(3) Willfully and knowingly obstruct, impede, or attempt to obstruct any state employee investigating the qualifications of an applicant requesting certification or of a certified business.

(b) In accordance with the provisions of Military and Veterans Code section 999.9, subdivision (a)(4) through (10), it shall be unlawful for a person to:

(1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another in fraudulently obtaining or attempting to obtain public monies, contracts or funds that are awarded by the state, to which a person is not entitled.

(2) Knowingly and with intent to defraud, fraudulently represent DVBE participation in order to obtain or retain a bid preference or a state contract.

(3) Knowingly and with intent to defraud, fraudulently represent a CUF in order to obtain or retain a bid preference or a state contract.

(4) Willfully and knowingly make or subscribe to any false statements or declarations as to any material matter relevant to this subchapter.

(5) Willfully and knowingly aid in the preparation or presentation of declarations, statements, or other documents that are fraudulent or false, regardless of whether or not the falsity is committed with the knowledge or consent of those authorized or required to submit the declaration, statement or document in question.

(6) Willfully and knowingly fail to file with the awarding agency any declaration or notice required by Military and Veterans Code section 999.2.

(7) Establish, or knowingly aid in the establishment of, or exercise control over, a firm found to have violated any of the requirements of Military and Veterans Code section 999.9, subdivisions (a)(1) through (10).

Notes

Cal. Code Regs. Tit. 2, § 1896.88

1. New section filed 2-14-2013; operative 4-1-2013 (Register 2013, No. 7).
2. Amendment of section and NOTE filed 11-29-2018; operative 1-1-2019 (Register 2018, No. 48).
3. Amendment of subsections (a), (b) and (b)(6)-(7) and amendment of NOTE filed 6-29-2023; operative 6-29-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 26).

Note: Authority cited: Sections 14600, 14615 and 14839, Government Code; and Section 999.5, Military and Veterans Code. Reference: Section 14840, Government Code; Sections 999.2 and 999.9, Military and Veterans Code; and Section 10230, Public Contract Code.

1. New section filed 2-14-2013; operative 4-1-2013 (Register 2013, No. 7).
2. Amendment of section and Note filed 11-29-2018; operative 1/1/2019 (Register 2018, No. 48).
3. Amendment of subsections (a), (b) and (b)(6)-(7) and amendment of Note filed 6-29-2023; operative 6/29/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 26).