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

Business Diversity

Equal Opportunity Construction Contracting Procedures

Board Policy

Dissemination of Information

Data Collection & Reporting

Records Retention & Inspection

Contract Requirements

Enforcement