STD. 830 (REV. 1/2005) (REVERSE)
TARGET AREA CONTRACT PREFERENCE ACT
PREFERENCE REQUEST FOR GOODS AND SERVICES SOLICITATIONS
Target Area Contract Preference Act References and Instructions
The Target Area Contract preference Act (TACPA), GC §4530 et seq., and 2 CCR §1896.30 et seq., promotes employment and economic development at designated distressed areas by offering 5% worksite and 1% to 4% workforce bidding preferences in specified state contracts. The TACPA preferences do not apply to contracts where the worksite is fixed by the contract terms. These preferences only apply to bidders who are California based firms, and only when the lowest responsible bid and resulting contract exceed $100,000. Bidders must certify, under penalty of perjury to perform either 50% (for GOODS contracts) or 90% (for SERVICES contracts) of the labor hours required to complete this contract in the eligible TACPA area worksite(s) identified in Section I on the reverse side of this page. TACPA preferences are limited to 9%, or a maximum of $50,000 per bid. In combination with any other preferences, the maximum limit is 15% of the lowest responsible bid; and, in no case more than $100,000 per bid.
Section I
Worksite Preference Eligibility and Labor Hours
Bidders must identify at least one eligible TACPA worksite by entering the criteria letter A, B, C, D, E or F in the “Criteria” column and enter the “Census Tract” and “Block Group” Numbers to be eligible for the preference. You must name each and every firm or site where contract labor hours will be worked. Preference requests may be denied if an eligible California TACPA worksite is not identified, or all firms performing contract labor hours are not identified. Enter one of the following “Criteria” letters to identify each TACPA worksite on the reverse page:
A.The firm is located in a California eligible distressed area(s).
B.The firm will establish a worksite(s) in a California eligible distressed area(s).
C.The firm is in a census tract with a contiguous boundary adjacent to a California eligible distressed area.
D.The firm will establish a worksite(s) located directly adjoining a valid TACPA census tract/block group that when attached to the California eligible distressed area(s) forms a contiguous boundary.
E.The bidder will purchase the contract goods from a manufacturer(s) in a California eligible distressed area(s). This option applies to solicitations for GOODS only.
F.The bidder will purchase contract goods from a manufacturer(s) in directly adjoining census tract blocks that when attached to the California eligible distressed area(s) forms a contiguous boundary. This option applies to solicitations for GOODS only.
Enter labor hours for each listed firm and site. The hours shall be reasonable and shall only include the labor hours necessary and required to complete the contract activities. Artificially increasing hours at a claimed TACPA worksite, or understating labor hours worked outside the eligible worksite may result in a denied preference request. Do not include machine time and non-labor time when projecting contract labor hours. Report all bidder work hours and those of any subcontractor performing this contract. All transportation hours must be reported for each carrier separately and must not be combined or included with hours for manufacturing, processing, or administration, or at any eligible TACPA site. Failure to list all the labor hours to be performed at the reportable sites will result in a denial of this preference request.
The bidder must explain, by activity, their firm's projected contract labor hours by completing and signing the Bidder’s Summary form (included with this solicitation).
STATE OF CALIFORNIA – DEPARTMENT OF GENERAL SERVICES
DISPUTE RESOLUTION AND PREFERENCE PROGRAMS
If supplying goods, the bidder must also provide a completed and signed Manufacturer’s Summary form (included with this solicitation) that specifies the number of projected labor hours necessary to make the product(s).
Section II
Workforce Preference
Eligibility to request a workforce preference is based on the bidder first claiming and receiving approval of the 5% TACPA worksite preference. The workforce preferences are only awarded if the bidder hires and employs the TACPA qualified individuals. Workforce preferences will not be approved for another firm's employees. By claiming a workforce preference percentage, the bidder must have its eligible employees perform the specified percentage of the total contract workforce labor hours. See Section I, “Total Projected Labor Hours,” STD. 830. To claim the workforce preferences select or check the appropriate box for percent of requested bid preferences in Section II.
Section III
Certification for Worksite and Workforce Preferences
Bidder must sign, under penalty of perjury, the certification contained in Section III to be eligible for any of the preferences requested pursuant to this form. The penalties associated with the TACPA statute are: GC §4535.1, a business which requests and is given the preference by reason of having furnished a false certification, and which by reason of that certification has been awarded a contract to which it would not otherwise have been entitled, shall be subject to all of the following:
(a)Pay to the State any difference between the contract amount and what the State's cost would have been if the contract had been properly awarded.
(b)In addition to the amount specified in subdivision (a), be assessed a penalty in an amount of not more than 10 percent of the amount of the contract involved.
(c)Be ineligible to directly or indirectly transact any business with the State for a period of not less than six months and not more than 36 months.
Prior to the imposition of any sanction under this chapter, the contractor or vendor shall be entitled to a public hearing and to five days notice of the time and place thereof. The notice shall state the reasons for the hearing.
If you receive an award based on these preferences you will be required to report monthly on your contract performance, labor hours, and TACPA compliance.
For questions concerning preferences and calculations, or if a bid solicitation does not include preference request forms, please call the awarding Department's contract administrator. Only another California certified small business can use TACPA, EZA or LAMBRA preferences to displace a California certified small business bidder.
To identify TACPA distressed worksites contact the local city or county Planning/Economic Development offices of the proposed worksite, or go to http://factfinder.census.gov and click on “Enter a street address” to find a Census Tract and Block Group. Verify the Census Tract and Block numbers for TACPA sites by calling the DGS, Procurement Division preference line at (916) 375-4609.
