• Maintains outreach and assistance programs to promote equal contracting opportunities for small businesses.
• Charged with increasing the pool of qualified diversity suppliers
• Develops procedures, disseminate information, and provide training to employees about the District’s nondiscrimination policies and procedures regarding suppliers.

More information about our office is available at www.mcsk12.net/admin/operations/divisions.asp?id=73 , or you can contact us directly:

Tel: (901) 416-1143 Fax: (901) 416-6676

Thomas O. Crivens, Jr. Email: crivensthomaso@mcsk12.net

U.S. Mail: 2597 Avery Avenue, Room 206 Memphis, TN 38112

View, print, or download our Fair Business Program Contract Compliance document in .pdf format.

Written Complaint and Post-Award Review
Any Participant or other party allegedly aggrieved by the provisions of this Program may submit a written complaint to the Memphis City Schools’ Contract Advisory Review Panel (“Review Panel”) via the Office of Supplier Diversity.

Consideration of Proposals: The OCM shall evaluate the apparent low Participant’s good faith efforts to determine non-discrimination as described in the Program. Upon a determination of compliance by the apparent low Participant, the OCM shall forward the Proposal to the Board as the recommended low Proposal. If there is an issue of non-compliance within the meaning of this Program, or for any other written complaint alleging any violations or non-compliance with this Program, the OCM shall notify the affected party in writing and by registered mail. (“Notice of Non-Compliance Review”). The Notice shall set forth with particularity the reasons for the review and shall schedule a Post-Award Review Conference.

(1) Post-Award Review Conference: A Post-Award Review Conference shall be held with the OCM, the apparent low Participant, and if applicable, the project manager.

(2) Declaration of Non-Responsiveness: Following the Post-Award Review Conference, and in the event that an apparent low Participant’s Proposal is rejected as non-responsive for failing to demonstrate Good Faith Efforts or any other provisions of this Program, as determined by the OCM, the Participant may seek review of this decision to the Review Panel. Upon a Declaration of Non-Responsiveness, the OCM shall forward a Notice of Determination to the allegedly aggrieved party and the Review Panel.

Time for Filing Notice of Request for Review: Any party may seek review of an OCM determination by filing a written Notice of Request for Review with the OCM within seven (7) days of receipt of the Notice of determination.

Notice of Hearing: Upon receipt of the Notice of Request for Review from the allegedly aggrieved party, the OCM shall forward the Notice to the Review Panel within three (3) business days of receipt.

(i) Within ten (10) days of the date of receipt of the Notice of Request for Review from the OCM, the Review Panel shall set the matter for hearing, which shall be held not more than twenty (20) days from the date the Review Panel received the Notice of Request for Review.

(ii) The Review Panel shall issue a written Notice of Hearing to be served upon all parties by registered mail, which shall state the date, time and place of hearing.

Hearing: Hearings before the Review Panel shall be informal. Participants shall include the Contract Compliance Officer and the allegedly aggrieved person or a representative of the allegedly aggrieved person. Said hearing shall comply with State of Tennessee law relative to the Open Meetings Act.

(1) Contract Advisory Review Panel: The Review Panel shall have authority to render advisory recommendations to the Board. The Review panel shall consist of the following: (1) one representative of the local chapter of Associated Builders and Contractors or the Association of General Contractors; (2) one representative of the Memphis Area Minority Contractors’ Association or the Memphis and Tri-State Chapter of the National Association of Minority Contractors; and (3) one representative of the Memphis City School Board. Each association shall have only one representative on the panel in a term and shall rotate its position with the corresponding association listed above on a yearly basis.

(2) Term of Service: Each representative on the Review Panel shall serve a term of one year. This term shall expire upon submission of a formal request by the sponsoring trade organization. This request shall detail that a vacancy has been created by the representative’s death, resignation, or inability to perform the duties of the office due to any other good or just cause and shall nominate a successor. In such event, the recommended successor representative shall be nominated, upon recommendation of the applicable trade sponsoring entity, and appointed to the Review Panel upon approval by the Board.

(3) Active Participation: In order to maintain a representative on the Review Panel, all sponsoring trade entities shall have members who have actively participated in the Program within the preceding year.

(4) Advisory Status: In addition to the above-named organizations represented on the Review Panel, advisory status shall be extended to any trade organization representing at least ten (10) members, of which half
actively engage in contracting with Memphis City Schools, and which submits an application to the Board for representation on the Review Panel.

Decision: The Review Panel shall issue an advisory recommendation at the conclusion of the hearing which may approve or disapprove the Declaration of Non- Responsiveness. The recommendation of the Review Panel shall be forwarded for action to the Board within five (5) business days.

Review Before Full Board: If the Board affirms the Declaration of Non- Responsiveness, the OCM shall then recognize the second low Participant as the recommended low Participant for the contract, provided the second low Participant has complied with this Program and submitted a responsive Proposal.

Exhaustion of Legal Remedies: An aggrieved person or entity must comply with the review process as outlined herein. Once a person or entity has exhausted the administrative remedies outlined in the Program, that person or entity may seek any other statutory, legal or equitable remedies that may be available. Failure to exhaust all administrative remedies listed above is an affirmative defense to any statutory,legal or equitable proceeding that may arise.