Castro Valley USD | AR 3312.11 Business and Noninstructional Operations
State Allocation Board Contracts
Disabled Veteran Business Enterprise Participation
The Superintendent or designee shall ensure that the district complies with disabled veteran business enterprise (DVBE) participation goals for State Allocation Board funded projects over $10,000 in the Lease-Purchase Program and certain contracts (architectural, on-site inspections and utility hookups) over $10,000 in the State Relocatable Classroom Program.
(cf. 7140 - Architectural and Engineering Services)
Upon request, the Superintendent or designee shall provide bidders with information to help them identify businesses.
Bidders are encouraged to advertise at least 14 calendar days prior to bid-proposal opening, or for as many days as possible. The only exception arises when time constraints imposed by the district prohibit the bidder from advertising; all bidders shall be notified of this exception.
(cf.3311 - Bids)
For projects requiring a DVBE participation goal, the bidder shall provide the Superintendent or designee with certification that the bidder has satisfied the three percent participation goal for DVBEs. If the bidder is unable to meet the three percent participation goal, the Superintendent or designee shall evaluate the effort made by the bidder to seek out and consider DVBEs as potential subcontractors or suppliers of equipment or materials. The bidder shall demonstrate a "good faith effort" by submitting documentation of all of the following actions:
1. Contact was made with the district to identify DVBEs
2. Contact was made with other state agencies and with local DVBE organizations to identify DVBEs
3. Advertising was published in trade papers and paper focusing on DVBEs
4. Invitation to bed were submitted to potential DVBE contractors and available DVBEs were considered.
Bidders shall be eligible for the award of a district contract if they meet the participation goal or are found to have made a good faith effort to meet the goal.
Legal reference:
CALIFORNIA CONSTITUTION
Article 1, Section 31 Discrimination based on race, sex, gender or national origin
COURT DECISIONS
Richmond v. J.A. Croson Co., (1989) 488 U.S. 469,109 S. Ct. 706
Management Resources:
OFFICE OF PUBLIC SCHOOL CONSTRUCTION PUBLICATIONS
Disabled Veteran Business Enterprise Information and Forms Package
WEB SITES
Office of Public School Construction: http://www.dgs,ca.gov/opsc
Office of Small and Minority Business: http://www.dgs,ca.gov/osmb
Regulation CASTRO VALLEY UNIFIED SCHOOL DISTRICT
approved: October 24, 2001 Castro Valley, California