Administrative Regulation

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 papers focusing on DVBEs

4. Invitations to bid 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 PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT

approved: March 22, 2001 Palos Verdes Estates, California