Office of Supplier Diversity
The Office of Supplier Diversity administers and enforces
the Supplier Diversity Program.
- 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) 416-6659
Fax: (901)
416-5793 |
Gloria E. Hayes, Coordinator
Email: hayesg@mcsk12.net
|
U.S. Mail:
2597 Avery
Avenue, Room 316
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.
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