For a hardcopy pdf of this document, contact the Office of Compliance (2-8246).
Policy Title: Business Affirmative Action
Policy Number: 750-78
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Responsible Officer: |
Associate Vice Chancellor of Business & Financial Services and Controller |
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Responsible Office: |
Business and Financial Services-Procurement Services |
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Origination Date: |
02/02/2010 |
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Date of Revision: |
07/05/2017 |
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Date of Last Review: |
09/09/2021 |
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Scope: |
Information About Business Affirmative Action |
I. Policy
University Policy - It is the policy of the University of California that race, religion, sex, color, ethnicity, and national origin will not be used as criteria in its business contracting practices.
Public Funding - Nothing in this policy shall prohibit any action which is necessary to comply with State or Federal law, or to maintain eligibility for any State or Federal program where ineligibility would result in a loss of funds.
It is the policy of the University of California, Riverside, as required by the funding source and consistent with State and Federal law, to take affirmative action to optimize opportunities for business contracting with small business enterprises, particularly small disadvantaged, woman-owned, and disabled veteran-owned business enterprises in providing goods and services to the University, and to ensure the placement of a fair proportion of business contracts with such enterprises as required by the funding source.
Procurement Services actively seeks-out and is strongly committed to the continued development and utilization of small business enterprises (SBE). Procurement Services undertakes all reasonable and appropriate actions to promote such businesses and ensure they are given every opportunity to compete for and receive University business.
II. Definitions
Service Disabled Veteran (SDV) - a veteran with a service connected disability (disability incurred or aggravated, in line of duty in the active military, naval, or air service of the United States). To qualify as a veteran with a service connected disability, the person must be currently declared by the United States Veterans Administration to be 10 percent (10%) or more disabled as a result of service in the armed forces. (California Military and Veterans Code, Article 6, Section 999 et seq). California SDV’s must be current residents of the State of California.
Please refer to UCOP policy BUS-43 for complete list of definitions.
III. Administrative Guidelines for Affirmative Action in Business Contracting to Fulfill Requirements of Public Funding Sources
A. Outreach - It is the responsibility of the campus to actively seek out SBE, DBE, WBE, VOBE AND SDV businesses/individuals with the goal of establishing them as viable suppliers for goods and services. This will be accomplished by:
1. Participating in trade shows,
2. Participating in meetings,
3. Advertising in publications of businesses owned by SBE, DBE, WBE, VOBE AND SDV businesses/individuals.
4. Participating in meetings with other University of California campuses for the purpose of exchanging information and ideas relative to the development of effective programs for Affirmative Action in business contracting.
5. Utilizing national, state and local directories of SBE, DBE, WBE, VOBE AND SDV businesses/individuals for sources of specific goods and services.
6. Identifying SBE, DBE, WBE, VOBE AND SDV businesses/individuals by mailing self-declaration forms to existing University suppliers and new suppliers that express interest in establishing a business relationship with the University.
7. Developing and maintaining a vendor database which identifies SBE, DBE, WBE, VOBE AND SDV businesses/individuals for utilization by all University employees responsible for purchasing goods and services.
8. Developing and maintaining a brochure that acquaints vendors with the types of goods and services the University buys, the buyer commodity assignments and contact information.
9. Hosting on-campus seminars specifically geared toward instructing vendors how the University, and specifically this campus, purchases goods and services. Printed material will be available to familiarize vendors with the campus, the Procurement Services staff and current buying assignments.
B. Purchase Records - In order for campus departments to monitor performance and develop reports for sponsoring agencies relative to their utilization of SBE, DBE, WBE, VOBE AND SDV businesses/individuals under specific sponsored awards, records will be maintained. These records are contained in a Purchasing System database which includes an electronic copy of every purchase order (both PO and DAPO). This database may be searched and sorted by fund source, date range, vendor type and other relevant factors necessary to respond to sponsor’s reporting requirements.
C. Small Business Coordinator – Most of the outreach tasks described above are attended or coordinated by the campus small business coordinator. Participation at small business trade shows, professional associations, and meetings with other University of California campuses are attended by the coordinator. Maintenance of vendor types and other small business aspects of the vendor database, including mailing of self-declaration forms, is provided by the coordinator. Development of brochures and advertising as well hosting of on-campus seminars and other vendor events are also coordinated. Assistance in the development of subcontracting plans is provided by the small business coordinator. Small business activity reports for System-wide administration are also the responsibility of the coordinator.
D. Campus Responsibility –Business Affirmative Action as required by Publicly Funded sponsors is a responsibility of the entire campus including, but not limited to, Procurement Services. All departments with delegated purchasing authority must incorporate the concepts of outreach, identification of targeted vendors, trial purchases, etc., to optimize opportunities for contracting with small business enterprises when funded by such publicly funded sponsors.
E. The extent to which affirmative actions are employed with targeted business concerns, however, must be evaluated in terms of the following principles:
1. Recognition that the basic purpose of Procurement Services is to support the teaching, research, and public service missions of the University in a cost-effective manner which best serves the interests of the people of the State of California.
2. Actions must include full compliance with obligations undertaken by the University as set forth in the specific terms, conditions, and provisions of Federal contracts and grants, and other similar extramural sponsor agreements.
IV. Federal Contracts and Grants
Federal agencies are required by statute, Executive Order, or regulation to implement certain public policies through their procurement process. Current policies require the utilization of SBE, DBE, WBE, VOBE AND SDV businesses/individuals to the maximum extent practicable. The University is, therefore, obligated to carry out these Federal policies to the fullest extent, consistent with university policy and the efficient performance of any contract and grant obligations undertaken by the University.
V. Subcontracting Plans
Public law 95-507 requires the University to develop a subcontracting plan when it receives a Federal contract or contract modification that exceeds $500,000 for non-construction activity. The subcontracting plan is directed toward the inclusion of small and small disadvantaged business enterprises into the overall contract. Procurement Services and the Small Business Coordinator will assist in the development of these subcontracting plans in conjunction with Principal Investigators. Typically, until an acceptable plan is developed, the contracting agency will make no payments to the University.
Often, reports of small business subcontracting accomplishments are required by sponsoring agencies. The department which received the sponsored award is responsible for submitting these reports to the agency. The Small Business Coordinator will assist campus departments in learning how to obtain information from the purchase order database for use in completing these reports.
VI. References
· BUS-43 – Purchases of Goods and Services; Supply Chain Management
VII. Feedback
For questions regarding this policy or procedure, please contact the Small Business Coordinator or Director of Procurement Services.
VIII. Frequently Asked Questions (FAQs)
1. How can my business supply goods/services to the university?
The University asks all businesses to pre-register, free of charge, with Small Business Coordinator.
2. How can I learn more about community and business development resources available to me?
There are many resources available to small businesses, some are government managed outreach programs and some are coalitions of business leaders, community organizations and other advocate groups. A few resources of note include:
· The U.S. Small Business Association
· The California State Advocate for Small Business
· The Southern California Minority Supplier Development Council
3. Where will I find information about available contracts, solicitations (e.g., for Proposals (RFPs), Invitation for Bids (IFB’s), Request for Quotes (RFQs)), and other opportunities to bid for the University's business?
UCR maintains a website where bidding opportunities can be found.
4. What is the university's guideline on the definition of a "small business?"
A Small Business Enterprise is an independently owned and operated concern certified, or certifiable, as a small business by the Federal Small Business Administration (SBA). (A general rule of thumb is that a concern with not more than 500 employees may be considered a small business. Size standards by Standard Industrial Classification codes may be found in the Federal Acquisitions Regulations, Section 19.102. The university may rely on written representation by vendors regarding their status.) Source: University Policy BUS-43
5. Who can I contact for more information?
Please address comments and questions to Small Business Coordinator:
SBE Administrator
Dana Allen
Email: dana.allen@ucr.edu
Tel: 951-827-3008