SCHOOL DISTRICT POLICY
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.
DATA COLLECTION AND REPORTING
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.
RECORDS RETENTION AND INSPECTION
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.
CONTRACT REQUIREMENTS
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.
ENFORCEMENT
The school district’s 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
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