(a) The Board of Governors confirms that contracting opportunities shall not be denied because of discrimination and encourage broad opportunities for the participation of business enterprises, including minority, women, and disabled veteran business enterprise participation in the award of district contracts consistent with this subchapter for contracts for construction, public works, professional services, materials, supplies, equipment, alteration, repair, or improvement. However, each district shall have flexibility to determine how to provide inclusive opportunities for any given contract.

(b) As part of their efforts to ensure nondiscrimination in their public works contracting programs, districts may collect data concerning the participation of contractors, including minority business enterprises, women business enterprises, and disabled veteran business enterprises in the award of district contracts to verify that artificial barriers to participation on the basis of race, gender, or disability do not exist.

(c) Nothing in this subchapter authorizes any district to discriminate in awarding contracts on the basis of any characteristic protected from discrimination under subchapter 5, commencing with section 59300.

(d) Nothing in this subchapter shall be construed to conflict with or be inconsistent with the provisions of article 1, section 31 of the California Constitution or to authorize conduct that is in conflict with or is inconsistent with such provisions.