Equal Opportunity Contracting
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 Municipal Code, Chapter 02, Article 02, Division 27 Equal Employment Opportunity Outreach Program and Municipal Code, Chapter 02, Article 02, Division 35 Nondiscrimination in Contracting .
The overall objective of the City'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.
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 contractors work force report against County Labor Force Availability obtained from the U.S. Census Bureau. If multiple under representations 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 two (2) year period.
It is the policy of the City of San Diego 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.
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.
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 the this link to Submit a Complaint.
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.
Once bids or proposals have been submitted, the assigned Contract Compliance Officer will conduct an evaluation of the bids or proposals to ensure compliance with applicable programs have been met. The Contract Compliance Officer will evaluate participation levels for each bidder and will review Good Faith Effort documentation if required. The Contract Compliance Officer will then report subcontractor participation findings to the appropriate procurement specialist prior to final award determination.
Instructions for Bidders Completing the Good Faith Effort Submittal for projects with SLBE Program requirements are available and should be utilized to ensure successful submittal of documentation.