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Extend the Remedial Program for Minority and Women-Owned Business Enterprise Participation in Goods and Services

Section 401.18 | Board Report 16-1207-PO2 | Date Adopted December 07, 2016

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THE CHIEF EXECUTIVE OFFICER RECOMMENDS:

That the Board extend the Remedial Program for Minority and Women-Owned Business Enterprises Participation in Goods and Services Contracts, as amended and attached hereto, until December 31, 2021.

HISTORY:

In 2007, the Board undertook a review of the then-existing affirmative action remedial plan adopted in 1991. Following this review, the Board determined that implementation of various race-neutral and gender-neutral measures would help the District’s goods and services program to overcome barriers and assist in the growth and development of financially stable M/WBE’s. In order to implement these measures, the Board adopted the current Remedial Program for Minority and Women-Owned Business Enterprises Participation in Goods and Services (the “Program”) with a term commencing March 1, 2007 and ending December 31, 2012 (Board Report 07-0228-PO1). This was later extended through June 30, 2013 (Board Report 12-1219-RS2). Following a 2013 independent evaluation of availability and utilization of minority and women-owned goods and services vendors for the Chicago Public Schools, the Board determined that the steps it had taken since 1991 to ameliorate the effects of racial and gender discrimination in the goods and services marketplace through a variety of race-and gender-neutral measures had not been sufficient. Accordingly, the Board extended the Program with a term commencing July 1, 2013 and ending December 31, 2016 (Board Report 13-0626-PO1).

PURPOSE:

Following a 2016 independent evaluation of availability and utilization of minority and women-owned goods and services vendors for the Chicago Public Schools, the Board has determined that the steps taken to date to ameliorate the effects of racial and gender discrimination in the goods and services marketplace have been insufficient. The Board has further determined that, the Program should therefore be extended by creating measures narrowly tailored to serve the Board’s compelling interest in not being a passive participant in the discriminatory Chicago goods and services marketplace.

PROGRAM EXTENSION TERM:

The Program is extended, as amended herein, for the period commencing January 1, 2017 and ending December 31, 2021.

DESCRIPTION:

The Program will continue to: (1) apply to all goods and services contracts required by the Board to be awarded through competitive procurement, (2) operate the same annual Aspirational Goals for M/WBE participation in all goods and services contracts of 30% to qualified Minority-owned Business Enterprises and 7% to qualified Women-owned Business Enterprises, (3) authorize the Office of Business Diversity (OBD) to establish Contract Specific Goals for individual contracts, and (4) authorize OBD to specify certain goods and services projects to be let without M/WBE participation goals in order to evaluate the marketplace.

The Program is being updated to continue in accordance with legal requirements, to reflect the Board’s current organizational structure and practice, and to clarify various provisions. These amendments are included on the attachment.

The Board of Education of the City of Chicago

REMEDIAL PROGRAM
FOR
MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION
IN
GOODS AND SERVICES CONTRACTS

Effective
[January 1, 2017]

The Office of Business Diversity
42 W. Madison Street
Chicago, Illinois 60602

773.553.2980 (Telephone)
773.553.2981 (Facsimile)

www.cps.k12.il.us

REMEDIAL PROGRAM FOR MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION IN GOODS AND SERVICES CONTRACTS

POLICY STATEMENT

This Remedial Program for Minority and Women Owned Business Enterprises (“Program”) is continued by the Chicago Board of Education (the “Board”), upon the recommendation of the Chief Executive Officer (“CEO”), based upon (1) the Board’s findings that it has been a passive participant in discriminatory practices against racial and ethnic minorities and women in the procurement of goods and services industry in Chicago, and that it has a compelling interest in remedying that passive discrimination, and (2) its desire to continue narrowly tailored remedies to address that compelling interest.

Policy References

Amends/Rescinds  
Cross References

[22-1207-RS1 (Resolution Authorizing the Extension of the Remedial Program for Minority and Women-Owned Business Enterprise Participation in Construction Projects and Goods and Services Policies) is attached to the Policy. This Resolution extended these programs for term of six months commencing January 1, 2023 and ending June 30, 2023]

[21-1215-RS1 (Resolution Authorizing the Extension of the Remedial Program for Minority and Women-Owned Business Enterprise Participation in Construction Projects and Goods and Services Policies) is attached to the Policy. This Resolution extended these programs for term of one year commencing January 1, 2022 and ending December 31, 2022]; 13-0626-PO1; 12-1219-RS2; 07-0228-PO1 (Rescinded 91-0130-RS1)

Legal References  

Policy and Procedures

1 N. Dearborn, 9th Floor
Chicago, IL 60602