Affirmative Action Policy for City Contractors - New South Memphis
New South Memphis, Tennessee contractors and vendors working on city-funded projects must understand local affirmative action expectations tied to contracting and procurement. This article explains scope, responsible offices, typical requirements for nondiscrimination and vendor diversity, compliance steps, and how enforcement and appeals work when the city or its contracting authority requires affirmative action commitments.
Scope & Who Must Comply
The policy typically applies to prime contractors and subcontractors bidding on or awarded city contracts or purchasing agreements that reference vendor diversity, equal employment opportunity, or minority/women-owned business participation requirements. Where the city’s procurement rules or diversity office require a contractor plan or reporting, compliance is mandatory for contract performance. See the municipal procurement and diversity guidance for procedures and certification details.Procurement[1] Office of Business Diversity[2]
Key Requirements
- Submit any required diversity plans, certifications, or subcontracting schedules as part of bid packages.
- Maintain records of outreach, good-faith efforts, and subcontractor payment records for the contract term.
- Comply with nondiscrimination clauses covering hiring, promotions, and contract performance.
- Report any required participation goals or spend reporting to the city office named in the contract.
Penalties & Enforcement
Enforcement is generally handled by the city procurement office and the municipal office responsible for business diversity or compliance; the controlling municipal code or procurement rules establish remedies and sanctions. Where fines or civil penalties apply, the specific amounts are often set in procurement rules or implementing regulations and may not be listed on a high-level guidance page.Code of Ordinances[3] If the city or contracting authority publishes penalty schedules, contractors must follow those procedures; otherwise, remedies may include withholding payments, contract termination, debarment, or referral to courts or administrative hearings.
- Monetary fines: not specified on the cited page; see the controlling procurement rule or ordinance.[3]
- Escalation: first vs repeat/continuing offences not specified on the cited page; administrative remedies may escalate per procurement rules.[3]
- Non-monetary sanctions: contract withholding, suspension, termination, debarment, or court action are possible enforcement tools.
- Enforcer: City procurement office or Office of Business Diversity; complaints and compliance reviews are handled by those offices.
- Inspection/complaint pathway: submit complaints or requests for compliance review to the procurement office or business diversity office listed on contract documents.
- Appeal/review: administrative appeal or bid protest procedures are set in procurement rules; time limits for protests and appeals are set there and are not specified on the cited guidance page.[1]
Applications & Forms
Common materials include vendor diversity certifications, MWBE or DBE certification applications, contract-specific subcontracting plans, and bid protest or appeal forms. Specific form names, numbers, fees, and submission addresses are provided on the procurement and business diversity pages for the city or the municipal code if forms are codified; where a specific form or fee is not published on the guidance page, it is not specified on the cited page.[1][2]
How to Prepare and Comply
- Review contract solicitation clauses and the named compliance office before submitting a bid.
- Document outreach to diverse subcontractors and keep written records of solicitations and responses.
- Complete any required diversity plan or certification and include it with your bid or proposal.
- Contact the procurement or business diversity office for pre-bid questions or to verify forms and submission methods.
FAQ
- Do all city contracts require affirmative action plans?
- Not all contracts require a formal affirmative action plan; requirements depend on solicitation language and the procurement office’s rules. Review the solicitation and contact procurement for clarity.[1]
- How do I certify as an MWBE or DBE for city contracting?
- Certification processes are managed through the city’s business diversity office or state certification reciprocity; check the business diversity page for application steps and accepted certifications.[2]
- What if I believe a prime contractor violated diversity or nondiscrimination obligations?
- Report suspected violations to the procurement office or the business diversity office using the official complaint channels listed in contract documents or on the city’s procurement page.[1]
How-To
- Read the solicitation and note any affirmative action or subcontracting plan requirements.
- Gather evidence of outreach to MWBE/DBE firms and complete any required forms before bid submission.
- Submit required certifications and plans with your bid; retain copies of all submissions and confirmations.
- If notified of non-compliance, respond promptly, provide requested records, and follow appeal procedures if imposed.
Key Takeaways
- Always check solicitation language and named compliance offices before bidding.
- Keep documented outreach and reporting records to demonstrate good-faith efforts.
Help and Support / Resources
- City of Memphis Procurement
- City of Memphis Office of Business Diversity
- Memphis Code of Ordinances (Municode)