210) TACPA imposes no employee-based threshold requirement, but it does provide additional and increasing preferences based on how many employees are at a high risk of unemployment.
The sliding scale under TACPA provides a 1% preference if the employer agrees to hire persons at high risk of unemployment equal to 5%-9% of its workforce during the period of contract performance, a 2% preference for 10%-14% of the workforce, 3% for 15%-19% of the workforce, and 4% for 20% or more of the workforce.
Both TACPA and HUBZone, the two programs that rely on representations about how many employees satisfy certain criteria, contain provisions designed to ensure that the contractor will carry through with such representations.
225) TACPA is not explicitly limited to small businesses, (226) but California law does provide for an additional preference to small businesses (227) that can be added to the TACPA preference.
235) TACPA, on the other hand, requires certification each time a bidder submits a bid.
246) Indeed, all HUBZone requires an employer to know about his employees is where they live, (247) while TACPA requires employers who wish to receive additional preferences to look into far more intrusive areas such as their employees' criminal histories, ages, receipt of welfare, and number of dependents.
252) TACPA suggests a solution to this concern through the creation of a buffer of one census block around qualified census blocks.
265) TACPA acknowledges this through the connection method of certification, which allows certification of businesses that, over a period of three years, have had a major office or manufacturing facility in the state and which have employed Californians.
The preference should increase accordingly as the employer hires more people from the targeted area, much like TACPA does.
302) It is unclear whether the continuing-certification approach adopted by HUBZone and EDA or the TACPA approach requiring recertification at the time of each application best achieves this goal while also being administratively convenient.
TACPA and EDA appear to have received even less attention.
Although the defining characteristics of these programs are fairly obvious on the face of the relevant statutes and regulations, the general delineation of requirements used in Miller, supra note 132, and Roney, supra note 70, in discussing HUBZone is followed in this subpart for the purposes of comparing HUBZone with TACPA and EDA.