|
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
|
