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Procurement and Contracts Next Page


23 CFR 200; 49 CFR 21
The Division of Procurement and Contracts provides support to the Department’s
divisions/districts in providing the following services: 1) procurement of supplies
and equipment for the Department’s divisions/districts and/or employee use; and
2) contracting for commercial, professional services and construction work (under
$120,000) for Department’s divisions/districts. Construction contracts from $120,000
are the responsibility of the Division of Engineering Services. The Department has
some delegation in the area of procurement and contracts and has implemented
bidding processes to ensure compliance with the nondiscrimination requirements
of Title VI.


Potential Title VI Issues
1. Whether appropriate contract provisions are incorporated into contracts funded
by Federal financial assistance.
2. When awarding a contract, whether the contractor has any unresolved Title VI violations.


Recommended Good Practices and Mitigation Measures
1. Contact minority institutions annually, and inform them of the procurement process.
2. Prior to contract award, contact DCIU and Legal Division to verify that the vendor
does not have an active Title VI violation.
3. Review all contracts to ensure nondiscrimination clauses are incorporated.
4. Periodically, review and analyze processes to ensure nondiscrimination - what can
appear as neutral on its face can have discriminatory effects.
5. Periodically, review outreach activities to ensure small, disadvantaged, minority,
women and disabled veteran businesses are invited to participate.
6. Document actions taken to ensure Title VI compliance.


Possible Compliance Review Questions
1. How are contract opportunities advertised? Describe the process.
2. Describe the requirements for submitting a bid?
3. Describe the sub-contracting opportunities?
4. Describe the process used to promote the participation of DBE consultants? 97 procurement and contracts
5. Who monitors the contractor’s adherence with the Title VI requirements?
6. Describe the award process.
7. Describe the process used to ensure there are no unresolved Title VI violations.
8. Are locations accessible (geographically and structurally), appropriate times and
translation services planned for and provided to minority and low-income persons?
9. Staffing Composition
a. Provide a staffing composition listing by position, race and gender. Include an
organizational chart.
b. Policy and Advisory Committees - Provide a listing of committees and their
respective members by position, race and gender.
c. Provide a listing of persons who are designated to provide alternative language
assistance and identify what languages they translate.
10. Complaints
a. Provide a copy of your Title VI complaint procedure. How is the community,
your customers, made aware of this process?
b. How many Title VI related complaints have you received in the past two years?
What was the outcome of those complaints?
11. Training
a. Has staff received formal or informal training regarding Title VI of the Civil
Rights Act of 1964, related statutes and Environmental Justice Executive Orders?
b. What is your schedule for Title VI training this year and who will attend?


Self Monitoring
1. How does your program ensure that its bidding and contract award procedures are
consistent with the nondiscrimination and affirmative action requirements of Title VI?
2. What has your program done to identify any requirements or procedures that
may present barriers or obstacles to DBE firms attempting to seek contract
opportunities including the following:
• Bonding requirements
• Bid Bond
• Payment Bond
• Performance Bond


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