San Bernardino Affirmative Action for City Contracts

Civil Rights and Equity California 4 Minutes Read ยท published February 10, 2026 Flag of California

San Bernardino, California contractors and suppliers working on city-funded or city-managed contracts must understand the citys expectations on affirmative action, nondiscrimination, and equal opportunity in contracting. This guide explains where the rules come from, which city offices manage compliance, common contract requirements, and the practical steps businesses should take to respond to solicitations and to challenge or report noncompliance.

Legal Basis and Scope

Affirmative action obligations for city contracts are typically implemented through the citys procurement and purchasing rules and by provisions in individual solicitations and contract agreements. The controlling texts and procurement procedures are published by the City of San Bernardino and the citys codified ordinances; contractors should review the municipal code and the Purchasing Division guidance for current terms and clauses (see municipal code)[1] and the Citys Purchasing Division pages for procurement procedures and bidder requirements (Purchasing Division)[2]. These sources define which contracts or funding streams include affirmative action, reporting, or outreach obligations.

What Affirmative Action Terms Commonly Appear

  • Contract clauses requiring nondiscrimination in hiring and subcontracting.
  • Goals or outreach expectations for minority-owned, women-owned, or local small businesses.
  • Recordkeeping and reporting obligations for bidders and contractors.
  • Compliance reviews, audits, and documentation requests from the City.
Read solicitation documents carefully for required clauses and attachments.

Penalties & Enforcement

Enforcement of affirmative action and nondiscrimination provisions for city contracts is administered through the City of San Bernardino procurement and contract administration processes; specific penalties, fines, or remedies depend on the contract language and applicable city ordinances. The municipal code and Purchasing Division pages are the primary sources for enforcement processes and remedies (municipal code)[1] and (Purchasing Division)[2]. When the official pages do not list monetary fines or specific escalation schedules, this guide notes where the official sources do not specify amounts.

  • Monetary fines: not specified on the cited page.
  • Escalation for repeat or continuing violations: not specified on the cited page.
  • Non-monetary sanctions: contract termination, withholding of payments, debarment or suspension from future bidding, corrective action plans, and requirement to document outreach.
  • Enforcer: Purchasing Division and contract managers administer compliance; Human Resources or City Attorney may be involved in investigations.
  • Inspection and complaint pathways: contractors or members of the public should use the Citys procurement contact points to submit complaints or evidence; formal complaint or protest procedures appear with solicitations or on Purchasing Division pages (Purchasing Division)[2].
  • Appeal/review routes and time limits: appeal and protest procedures are set in solicitation documents or procurement rules; where specific appeal time limits are not listed on the cited page, they are "not specified on the cited page."
  • Defences and discretion: the City may allow waivers, variances, or documented good-faith efforts; exact standards are set by contract provisions or procurement rules and may not be detailed on the summary pages.
If a sanction is threatened, request the written basis and the appeal procedure immediately.

Applications & Forms

Required forms and certifications (for example, nondiscrimination certifications or local business preference affidavits) are usually attached to solicitations or available from the Purchasing Division. Specific form names, numbers, fees, and submission portals vary by solicitation; the Purchasing Division provides procurement forms and instructions but some solicitations include their own mandatory attachments (Purchasing Division)[2]. If a particular form or fee is not posted on the official procurement page, it is not specified on the cited page and bidders should contact the Purchasing Division to confirm requirements.

Action Steps for Contractors

  • Review solicitation attachments and the contract draft for affirmative action clauses before bidding.
  • Maintain records of outreach, solicitations to subcontractors, and hiring efforts.
  • Contact the Purchasing Division for clarification, forms, or to file a protest if you believe requirements were misapplied.
  • If notified of noncompliance, request the basis in writing and the appeal procedure immediately.
Keep contemporaneous documentation of all outreach and selection decisions to support compliance reviews.

FAQ

Do all city contracts require affirmative action plans?
Not necessarily; requirements depend on the solicitation and funding source. Check the specific solicitation and Purchasing Division guidance for whether an affirmative action or outreach plan is required.
Who enforces affirmative action clauses on San Bernardino contracts?
The City of San Bernardino Purchasing Division and the assigned contract manager enforce compliance; Human Resources or the City Attorney may join investigations.
Where do I file a complaint about a contractor who failed to follow affirmative action requirements?
Report complaints to the Purchasing Division contact listed in the solicitation or on the Citys Purchasing Division page; retain all supporting documents and follow protest procedures in the contract documents.

How-To

  1. Read the solicitation documents and identify any affirmative action or nondiscrimination clauses.
  2. Gather evidence of outreach and subcontractor solicitations and prepare required certifications or affidavits.
  3. Submit bids with completed attachments and keep proof of timely submission.
  4. If accused of noncompliance, request written notice, follow appeal steps in the contract, and provide documented corrective actions.

Key Takeaways

  • Always check solicitation attachments and Purchasing Division instructions for affirmative action requirements.
  • Keep detailed outreach and hiring records to demonstrate good-faith compliance.

Help and Support / Resources

  1. [1] City of San Bernardino Municipal Code - Code of Ordinances
  2. [2] City of San Bernardino - Purchasing Division

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