These reports are from various state, local and federal agencies that provide significant insight into activities and concerns related to utilizing minority businesses on construction projects:
Should you know of applicable agency reports not listed here, please contact us to add them to our library.
An NAMC priority is to eliminate barriers to utilizing minority businesses on construction projects. We welcome any information that helps identify obstacles and issues that present such barriers. Please submit your issue by email at firstname.lastname@example.org for consideration.
What is a disparity study? A constitutionally required predicate analysis that must be used as the basis for a public agency’s implementation of a race-conscious program intended to remedy the effects of historical discrimination. No one disputes that such discrimination has existed. The U.S. Supreme Court has even acknowledged this, saying that there is “no doubt that the sorry history of both private and public discrimination in this county has contributed to a lack of opportunities for black entrepreneurs.” Disparity studies assist agencies’ efforts to ensure that their programs are “narrowly tailored” to address the disparities identified in them. These disparity studies were conducted in Georgia; also included are the 2010 Transit Research Board Guidelines for Disparity Studies and other similar background documents:
DBE Resource Library
Significant DBE Cases
Northern Contracting Inc. v. Illinois, 473 F 3d 715 (7th Cir. 2007): Explaining DBE Program compliance steps under 49 C.F.R. §26
Western States Paving Co. v. Washington State Dep. of Transportation, 407 F 3d 983 (9th Cir. 2005): Explaining the requirement of a narrowly-tailored DBE Program and the need for disparity studies in support thereof
Adarand Construction, Inc. v. Slater, 228 F3d 1147 (10th Cir. 2000): Explaining the constitutionality of the Federal DBE Program
City of Richmond v. J.A. Croson Co., 488 US 469 (1989): Explaining that all governmental classification by race are subject to a strict scrutiny analysis
Laws and Regulations
42 USC § 2000d: Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin
49 CFR 26: Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs
DBE Program Implementation Modifications – Final Rule 2012 (excluding forms) **