Contract Compliance

Purpose

The role of the pre-award Contract Compliance Officer is to ensure that all firms that enter into contracts with the City are not actively or passively participating in discriminatory practices, in accordance with the following provisions of the San Diego Municipal Code:

Equal Employment Opportunity Outreach Program (Chapter 02, Article 02, Division 27)
Nondiscrimination in Contracting (Chapter 02, Article 02, Division 35)

The overall objective of the City of San Diego's Equal Employment Opportunity (EEO) Program is to ensure that contractors doing business with or receiving funds from the City will not engage in unlawful discriminatory practices prohibited by state or federal law. Such employment practices include, but are not limited to, the following: employment, promotion or upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship.

Contractor Requirements Before Award

Contractors that are awarded a contract that has been competitively or non-competitively bid are to submit a Work Force Report and/or an Equal Employment Opportunity (EEO) Plan/Affirmative Action Plan which complies with the 16 Point Plan, prior to final award of said contract.

The Contract Compliance Officer conducting the review of a mayoral action to award a contract will review the contractor's Work Force Report against County Labor Force Availability obtained from the U.S. Census Bureau. If multiple underrepresentations are noted in a contractor's work force, an EEO Plan will be required to be submitted. Once a plan has been reviewed and accepted by the Contract Compliance Officer, the plan will be approved for a period of two (2) years.

City Nondiscrimination Policy

It is the policy of the City not to accept bids or proposals from, nor to engage in business with, any business firm that has discriminated on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age, disability, or any other form of unlawful discrimination in its solicitation, selection, hiring, or treatment of another business.

Disclosure of Prior Discrimination Complaints

Contract Compliance Officers will ensure that every contract and subcontract entered into by the City shall contain and adhere to the nondiscrimination clause. As part of its bid or proposal, the bidder is also required to submit a list to the City of all instances within the past ten (10) years where a complaint was filed or pending against the bidder in a legal or administrative proceeding alleging that the bidder discriminated against its employees, subcontractors, vendors, or suppliers, and a description of the status or resolution of that complaint, including any remedial action taken.

Filing a Discrimination Complaint

The City takes allegations of discrimination seriously and encourages individuals who feel that they have been discriminated against submit a complaint for review. Click on this link to Submit a Complaint.

Guidance for Bidders and Proposers

Contract Compliance Officers will attend regularly scheduled pre-bid or pre-proposal meetings to provide prospective bidders with an overview of the applicable program requirements set forth in the bidding documents, including any mandatory subcontracting participation goals based on the project's funding source (City, state, and/or federal). The Contract Compliance Officer will also review the City's expectations in relation to equal employment opportunity and nondiscrimination.