Get Involved

Agency Reports

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:

City of Atlanta Notice to the Public of New MBE Goals 2016

GDOT Implementation Guide to American Recovery and Reinvestment Act

GDOT 2012 DBE Program Plan

 

GDOT 2015 Investment and Performance Report

GDOT 2016 Title VI Annual Report

Should you know of applicable agency reports not listed here, please contact us to add them to our library.

Issue Submission

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 info@namcatlanta.org for consideration.

Disparity Studies

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:

GDOT 2016 Disparity Study

City of Atlanta 2015 Disparity Study

MBDA Disparity Report

 

Guidelines for Conducting a Disparity and Availability Study for the Federal DBE Program – 2010

Disparity Studies as Evidence of Discrimination in Federal Contracting – U.S. Commission on Civil Rights May 2006 Briefing Report

GDOT 2012 Disparity Study

 

DBE Resource Library

Significant DBE Cases

Statutes

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

 

City of Atlanta Equal Business Opportunity (EBO) Ordinance

Laws and Regulations

Federal

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

Regulations

49 CFR 26: Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs

DBE Program Implementation Modifications – Final Rule 2012 (excluding forms) **

DBE Program Improvements – Final Rule 2010 **