By Post Staff

On Tuesday, Jan. 18, 2022, a coalition of community and business leaders held a press conference to call out the request by the City of Oakland’s Department of Transportation (DOT) to waive requirements that would ensure that small, local businesses get opportunities to bid for paving contracts worth up to $60 million.

The formal language to ‘Waive Further Advertising, Competitive Bidding, and The City’s Small-Very Small Local Business Enterprise Participation Requirement,’ essentially locks out minority contractors as well.

In blatant disregard for the City’s policy, the DOT requested that five contracts be awarded to Gallagher & Burk, McGuire & Hester and O.C. Jones & Sons, three non-minority contractors headquartered outside the City of Oakland.

The press conference was led by the NAACP Oakland Chapter, representatives from the Oakland African American Chamber of Commerce, National Association of Minority Contractors Northern California, BuildOUT California, Oakland Latino Chamber of Commerce, Oakland LGBTQ Community Center, Bay Area Contract Compliance Officer’s Association, Asian, Inc. They were joined by Councilmembers Loren Taylor (District 6) and Treva Reid (District 7), (Sheng Thao, District 4,) who each addressed the importance of honoring the City’s commitment to distribute contracts in an equitable manner.

Oakland NAACP Chapter President George Holland noted that this item was ironically scheduled a day after MLK Day. “It is a shame that we are still fighting for the same things that Dr. King fought for nearly five decades ago. We will not concede the progress we have made and understand we have a long way to go.”

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Councilmember Taylor’s office released a statement. “If we were to approve this waiver without pushing for higher levels of participation from our local, small, and diverse contractors, it would undermine the work that we have been doing over the past year. That is why I proudly stand with the community members calling for us to have a more concerted effort to seek out diverse contractors and will not support the requested waivers.”

Although unable to attend the press conference, Ed Dillard of the NAACP LIC stated, “Black contractors are taxpayers in Oakland and deserve work on City of Oakland funded projects. These Black contractors provide jobs for Oakland Black residents.”

When reflecting on her work to address the City’s contracting issues, Cathy Adams, president of the Oakland African American Chamber of Commerce notes, “We are committed to ensuring Black businesses receive their fair share of City contracts.

“We were successful in our fight for the Disparity Study to be released. We were successful in establishing a better L/SLBE policy. We will be successful in our fight to eliminate current contracting disparities,” Adams said (L/SLBE refers to Oakland’s Local and Small Local Business Enterprise program).

Reid stated “It is an honor to stand with you all today and agree that we have to unite our power to deliver votes that delivers for us, our communities and our City to ensure we have an equitable outcome for all.” She also indicated that she would vote against the waiver.

Each organization echoed the sentiments expressed that the proposed waiver means a loss of opportunity, a loss of local businesses and a loss of jobs for Oaklanders.

District 3 Councilmember Carroll Fife motioned that the awards be rejected and sent back out to bid. Councilmember Taylor seconded the motion with an amendment that the bidders be given until Friday, Jan. 21, 2022, to comply with the City’s L/SLBE requirements.

Council directed staff to work with the bidders to ensure that they comply with the City’s L/SLBE requirements in a unanimous vote with the motion as amended.

As Bendu Griffin from the Bay Area Contractor Compliance Officer’s Association stated, “it’s not a Black thing, it’s the right thing!”

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