Office of Civil Rights
The Office of Civil Rights aims to create a workplace free of discrimination, harassment and retaliation, ensures that those who do business with BART are treated equitably and is responsible for Environmental Justice, Title VI of the Civil Rights Act of 1964, Diversity, Equity, Inclusion and Social Justice strategy, policy and program implementation at BART.
Frequently Visited Webpages
What We Do
The Office of Civil Rights (OCR) is committed to serve internal and external customers with a variety of services to ensure compliance with state and federal regulations and/or programs. The office is comprised of the following divisions: Contract and Labor Compliance Programs, Economic Opportunity Policies and Programs, Workforce and Policy Compliance, and Agreement Compliance Programs.
Economic Opportunity Policies and Programsaccordian expanded
Economics Opportunity Policies and Programs Division is responsible for:
- Policy analysis and implementation of the District’s equity programs such as the Disadvantaged Business Enterprise (DBE) Program, Small Business Program, Minority and Women Owned Business.
- Semi-annual reporting requirements to the Federal Transit Administration on contract performance on awards and payment data; performs analysis to determine to if projects meet goals; conduct shortfall analysis.
- Mentor Protégé Programs
- Equity programs certification for small businesses seeking DBE, SBE, MSBE, LSB, M/WBE certifications.
- KPIs/SOPs and strategic planning.
- Oversee the Contracting Plan Application and B2Gnow vendor payment tracking system.
- Equity Program contract Boiler Plate updates.
- General outreach to small businesses (provide program awareness, contracting opportunities for current and future projects)
- Conduct Disparity Study.
- Facilitate the Business Advisory Council.
For general inquiries and certification relation questions, please contact Hoa Sin, Sr. Program Manager at [email protected] or call (510) 874-7461
For data related inquiries, please contact Joseph Towner, Manager of Program Planning and Support at [email protected]
Contract Compliance Programaccordian expanded
The Office of Civil Rights Contract Compliance Unit (CCU) is responsible for the application and coordination of the District’s Equity Programs on all local, state, and federal funded construction and procurement contracts (“Contracts”). The District’s Equity Programs include the Small Business, Local Small Business, Disadvantaged Business Enterprise, Small Business Elements, Micro-Small Business Entity, and the Non-Discrimination Program for Subcontracting (collectively “Equity Programs”). The Equity Programs create a level playing field for the Small Business Community by offering every opportunity to bid and participate on upcoming BART Contracts.
Additionally, the CCU is responsible for compliance and monitoring of all Contract requirements and activities during Pre-Award and Post-Award Phases. Some of these activities include, but are not limited to the following:
- Participate in “Kick-Off” Meetings to discuss unbundling criteria in applicable Contracts.
- Contract Goal Setting.
- Review Bid Submittals and Complete Bid Analysis.
- Participate in Pre-Bid, Pre-Construction and Progress Meetings.
- Facilitate and coordinate Substitution Process.
- Coordinate Project Close-Outs
The CCU has a strong commitment, and it is an integral component to the success of the District’s Overall Mission and Equity Programs.
For assistance and general inquiries, please contact Alma Basurto, Manager of Equity Programs, at [email protected] or at (510) 464-6388.
Labor Compliance Programaccordian expanded
BART’s Labor Compliance Unit (LCU) is responsible for educating, assisting, monitoring and enforcing prevailing wage requirements of the applicable labor laws to ensure that all contractors and professional services firms working on public works construction projects are in compliance with State (California Labor Code Chapter 1 of Part 7 of Division 2) and Federal (Code of Federal Regulations 29) prevailing wage statutes and regulations.
The LCU’s mission is to:
- Create a fair and level playing field among contractors bidding on BART projects by ensuring consistency in enforcement of federal and state labor laws.
- Ensure that employees working on BART projects are paid prevailing wages.
- Responsibly administer BART’s Project Stabilization Agreements.
The Labor Compliance Unit monitors compliance with statutory and contractual requirements on District projects by collecting and reviewing certified payroll reports (CPRs) and verifying the accuracy through site visits, the review of project documentation, and worker interviews.
LCU also initiates the enforcement process in the event of violations. California Labor Code §1726 requires that BART take cognizance of prevailing wage violations, and when BART identifies possible violations, LCU refers them to the State of California's Department of Industrial Relations (DIR) who may order withholding of contract payments, impose penalties, and recover back wages.
Agreement Compliance Programaccordian expanded
The Agreement Compliance Unit (ACU) plays a vital role in the Office of Civil Rights (OCR) and is responsible for:
- Pre-Award Agreement Compliance
- Post-Award Agreement Compliance
- Review of Agreements issued under the California Department of General Services’ Multiple Award Schedules (CMAS) for the procurement of Information Technology consulting services
- Review of all District Work Plans
- Management of the District’s Small Business Support Services Program
Specifically, ACU is responsible for ensuring that all District Agreements comply with the applicable District equity program. Pre-Award compliance includes review of all Agreement Contracting Plans and Request for Proposals; development of applicable goals; serving on selection panels; presenting at pre-proposal conferences; administrating networking events; and reviewing submittals for compliance with the applicable equity program. Post-Award compliance includes reviewing all Agreements for compliance with equity program commitments using B2GNOW, OCR’s compliance management and vendor payment tracking system; reviewing all substitution and addition requests; and coordinating commercially useful function site visits.
Additionally, ACU, in conjunction with Procurement and the Office of Chief Information Officer, has developed and implemented a review process for issuance of agreements under CMAS for the procurement of Information Technology consulting services. The purpose of this review process is to ensure transparency and accountability in the issuance of agreements under CMAS. Under the review process ACU reviews all agreements under CMAS.
ACU also has developed and implemented a review process for all District work plans. The purpose of this review process is to ensure transparency and accountability in the issuance of District work plans. Under the review process ACU reviews all District work plans.
Lastly, ACU oversees the implementation of the District’s Small Business Support Services (SBSS) program in junction with our SBSS consultant, The Allen Group. The SBSS offers support services for small firms seeking to participate in District construction contracts and for small firms currently working on District construction contracts.
For SBSS related questions, please contact James Soncuya, Manager of Small Business Supportive Services at [email protected]
Workforce & Policy Complianceaccordian expanded
The WPC Division oversees and monitors the Equal Employment Opportunity (EEO), Diversity & Inclusion, Title VI, and Environment Justice (EJ) programs compliance. The EEO Unit provides direction and leadership to the District's EEO Program, complaint processing procedures, diversity & inclusion, and other related EEO missions of OCR. The Title VI/EJ Unit provides direction and leadership on Title VI and EJ policies, notifies the public of their rights under Title VI, and promotes inclusive public outreach to ensure that no person is excluded from participation in, or denied the benefits of, its services or programs on the basis of race, color, national origin, or language proficiency.
For EEO and Training related questions, please contact Kay Tate, supervisor of EEO Programs at [email protected]
For Title VI social justice and equity related questions, please contact Emily Alter, Sr. Workforce & Policy Compliance analyst at [email protected]
For language assistance services, please contact Sonjia Johnson at [email protected] or -510-464-6213