Equal Opportunity Construction Contracting Procedures

The policy of the Denver Public School with respect to equal opportunity contracting was established by board of education resolution 2621. That policy commits the school district to the creation and preservation of equal opportunities for all people to participate in the delivery of goods and services through the contracting processes of the Denver Public Schools without regard to gender, race, ethnicity, religion, age or disability. It is the express expectation of the board of education that those who contract with the school district shall in turn make available equal opportunities to the extent third parties are engaged to provide goods and services to the school district as subcontractors, vendors, or otherwise. Pursuant to resolution 2621, the contracting policies and practice of the school district are to conform to the following parameters:

• No person shall be excluded from participation in, denied the benefits of, or otherwise discriminated against in connection with the award and performance of any contract on the ground of gender, race ethnicity, religion are or disability.
• Neither the gender, race, ethnicity, religion, age nor disability of any contractor or subcontractor shall be a factor in the evaluation of any proposal or award of any contract.
• Any party contracting with the school district for the provision of goods or services shall be required to agree as a condition of the contract not to discriminate on any of the foregoing grounds in the performance of the contract.
• Information regarding contracting opportunities with the school district shall be disseminated in a manner calculated to reach all persons qualified to provide pertinent goods and services.
• The criteria used in evaluating contract proposals shall be based on the school districts interest in securing cost effective, quality goods and services and shall not exclude or disadvantage parties for reasons that are not closely related to those interests.
• In determining contract requirements care shall be taken to encourage submission of quotes or proposals from, as wide a base of potential vendors as is reasonably possible.
• School district contracts for the provision of goods or services shall require that the contracting parties disseminate information regarding any third party contracting opportunities in a manner reasonably calculated to reach al persons qualified and willing to participate.
• School district contracts for the provision of goods or services shall require that the contracting party retain and make available to the school district records regarding dissemination of information regarding third party contracting opportunities, including responses received by the contracting party.

DISSEMINATION OF INFORMATION

Pursuant to resolution 2621 contracting opportunities and processes shall be disseminated as follows:

Dissemination of Information by the School District

The school district shall disseminate information regarding construction contracting opportunities by placing advertisements for bids in the Daily Journal, the Denver Rocky Mountain News, the Denver Post and other publications deemed suitable for publication to all potentially interested contractors and subcontractors in the community. In addition, the school district shall make plans available for construction projects in its Construction Services office, in the offices of the project architect, and at suitable locations within the community where those plans may be reviewed by interested contractors and subcontractors free of charge.

Dissemination of Information by Contractors

Each contractor shall place advertisements inviting bids or proposals on all work not to be performed by the contractor itself. At minimum, such advertisements shall be placed in the Daily Journal or a comparable trade journal of general circulation with the Denver metropolitan area, La Voz, and the Denver Weekly News. Such advertising may be excused only with written permission of the school district?s Construction Services office, under circumstances where such advertisement would be impractical or would not reasonably further the equal opportunity contracting policy of the school district.

Pursuant to resolution 2621 the school district?s purchasing department is responsible for collecting and maintaining information necessary to permit the school district to determine the effectiveness of school district contracting policies and practices in ensuring equal opportunity. Such information will be collected, maintained and reported as follows:

• Each contractor shall promptly provide to the school district?s purchasing director copies of advertisements placed pursuant to Part II.1 of these procedures.
• Prior to commencement of work on any project, each contractor shall provide to the school district?s purchasing and construction services directors copies of a list setting forth the names and addresses of all subcontractors and the dollar amount of the work to be performed and setting forth a description and the dollar amount of work to be performed by the contractor. Such list shall identify which, if any, of the firms on the list are, to the best of the contractor?s information, historically underutilized businesses (HUBs). HUBs firms are defined for purposes of this procedure as businesses owned or controlled by Native Americans, Asian Americans, African Americans, Hispanics, or women. A business is deemed owned by whoever holds at least 51% of the equity interest in the enterprise. A business is deemed controlled by its chief executive officer (if the business is a corporation), its managing partner (if the business is a partnership), the proprietor (if the business is a corporation), its managing partner (if the business is a partnership), the proprietor (if the business is a sole proprietorship), and in all cases by the person or persons with ultimate decision-making authority in the ongoing, day-to-day operation of the business.
• The information required by the preceding paragraph shall promptly be supplemented each time a subcontractor is replaced or an additional subcontractor is retained.
• To facilitate identification of HUBs firms, the school district shall provide to each contractor bidding on any project a list of HUBs firms recognized by the school district as such.
• The school district?s purchasing department shall verify and compile all data received from contractors regarding HUBs usage and shall report such data to the board of education. Each report shall set forth:
  • the identity of each HUBs firm;
  • the type of work done by each HUBs firm;
  • the dollar amount of the contracts with such firms;
  • the dollar amount of HUBs participation on each specific project;
  • the dollar amount of HUBs participation on all projects in total during any reporting period;
  • the percentage of the dollar volume of HUBs participation in each project; and
  • the percentage of the dollar volume of HUBs participation on all projects in total.

Each contractor shall retain and make available to the school district and its designee?s records sufficient to permit the school district to ascertain compliance with the equal opportunity contracting requirements. The following records shall be maintained and made available for inspection by the school district and its designees:

• All records reflecting any invitations to submit bids or proposals regarding subcontracting opportunities on any school district project, including, but not limited to:
• copies of advertisements placed by the contractor in any newspaper or trade journal;
• copies of requests for proposals or bid solicitations sent to any potential subcontractors, including names and addresses of each person or entity to whom such solicitations or proposals were sent; and
• Logs showing persons contacted by telephone or in person regarding bid opportunities.
• All responses received to invitations to bid on subcontracting opportunities, including written responses and notes, memoranda or other records of oral responses.
• All correspondence accepting, rejecting, qualifying, revising, or otherwise related to any invitation to bid subcontracting opportunities or responses thereto.

Pursuant to resolution 2621 each school district contract with any contractor shall contain the following provisions:

• Denver Public Schools intends that the contracting processes of the school district and its contractors provide equal opportunity without regard to gender, race, ethnicity, religion, age or disability, and that its contractors make available equal opportunities to the extend third parties are engaged to provide goods and service to the school district as subcontractors, vendors, or otherwise. Accordingly, the contractor shall not discriminate on any of the foregoing grounds in the performance of the contract and shall make available equal opportunities to the extent third parties are engaged to provide goods or services in connection with performance of the contract.
• The contractor shall disseminate information regarding all subcontracting opportunities under this contract in a manner reasonably calculated to reach all qualified potential subcontractors who may be interested. The contractor shall maintain records demonstrating its compliance with this article and shall make such records available to the Owner or its designee upon the Owner?s request.
• In implementing the foregoing provisions the contractor shall comply with and be bound by the school district?s equal opportunity construction contracting procedures in all respects. Such procedures are hereby incorporated by reference and are made a material part of this contract, violation of which may be deemed grounds for termination of the contract by the Owner.

The DPS equal employment opportunity construction contracting requirements shall be enforced under the direction of the school district?s Chief Operating Officer, who shall cause to be implemented the following steps:

Compliance Review

Contractor compliance with the advertising and HUBs identification requirements of these procedures shall be verified in each instance. In addition, contractor records shall be reviewed and the information contained in those records verified to such extent as the Chief Operating Officer deems appropriate to ensure compliance with these procedures.

Complaints

Any person who believes any person or firm has been subject t discrimination with respect to contracting opportunities, or that any contractor has failed to fulfill the requirements of these procedures, may file a complaint in writing with the school district?s Purchasing Director, who shall cause a prompt investigation to be undertaken regarding that complaint.

Reasonable Cause Notice

If an audit, review, or investigation results in a determination of reasonable cause to believe that a contractor is not in compliance with these procedures, the Purchasing Director shall cause notice to be given to the contractor in person or by registered mail identifying the area of noncompliance and requiring the contractor to show cause why specified sanctions should not be imposed. The notice shall advise the contractor that he may review the evidence supporting such reasonable cause determination and that he may submit a written response to such determination and request a hearing before the Chief Operating Officer regarding such determination and any sanction to be imposed. The notice shall further set forth the sanction proposed for such noncompliance.

Hearing

If a contractor requests a hearing regarding a reasonable cause determination, the Chief Operating Officer or his designee shall hold a hearing at which such information and argument relevant to the determination shall be presented. The hearing shall be informal and the rules of evidence shall not be applied.

Decision

Following receipt of the contractor?s response to the reasonable cause notice, or following a hearing, if one is requested, the Chief Operating Officer or his designee shall issue a decision making findings with respect to the contractor?s compliance or noncompliance with these procedures and imposing such sanctions, if any, as are appropriate. Such decision shall be final and binding.

Contractor’s Cooperation

Each contractor shall cooperate with the school district in auditing, reviewing compliance, and investigating complaints. Such cooperation shall include maintaining and producing records required by these procedures and making available to the school district personnel who have such information pertinent to these procedures. No contractor shall retaliate against any person or firm, or attempt to intimidate or coerce any person or firm for registering a complaint or cooperating with an investigation related to these procedures. Nor shall any contractor knowingly provide any false or inaccurate information connection with any audit, review or investigation.

Sanctions

• Sanction to be imposed for violations of these procedures may include one or more of the following:
• Forfeiture of opportunities to bid on school district work for a specified time period or for specified projects;
• Disqualification from the school district?s list of pre-qualified contractors, either permanently or for a specified time period;
• Contract termination; and
• Such other sanctions as may be deemed appropriate to effectuate the purposes of these procedures