Rick's Blog

Disparity Contract signed


Mayor Ashton Hayward signed on July 6 the contract for the disparity study. MGT of America, Inc. will be paid $249,942, in eight installments. MGT has provided a work plan of tasks and deliverables below:

TASK 1.0: PROJECT MANAGEMENT OBJECTIVES
Objectives:
• Timely and accurate completion of project deliverables.
• Maintain regular communication with client’s project management.
• Provide oversight and management of consulting staff.
• Ensure quality control of all deliverables.

Deliverable:
• Monthly progress reports.

TASK 2.0: INITIATE PROJECT AND FINALIZE WORK PLAN
Objectives:
• Establish a final, mutually acceptable detailed work plan, reporting formats and schedules, project deliverables, and relationships.
• Review detailed work plan.
• Conduct preliminary data assessment activity.

Deliverables:
• Revised work plan, if necessary.
• Data Assessment form.

TASK 3.0: CONDUCT LEGAL REVIEW UPDATE
Objective:
• Review understanding of the methodological and program requirements
necessary to adhere to the decisions in Croson, Adarand, Concrete Works,
Gross Seed, H.B. Rowe, and other relevant court opinions.

Deliverable:
• Update legal review of Croson, Adarand, H.B. Rowe, and other relevant court
cases with emphasis on program and methodological requirements.

TASK 4.0: ASSESS DATA
Objectives:
• Evaluate the availability, access, format, and completeness of the data for the
relevant study period.
• Prepare data collection plan for collecting, analyzing, and reporting the data.
• Design table templates for reporting prime and subcontractor analyses.

Deliverable:
• Data collection plan and methodology.
TASK 5.0: COLLECT DATA
Objectives:
• Collect electronic utilization prime and subcontractor data.
• Collect and develop S/M/WBE master database.
• Collect and develop master vendor database.
• Develop a data collection template and provide training to City staff to collect hard copy prime and subcontract data.

Deliverable:
• Collection of prime, subcontractor, bidder, S/M/WBE, and vendor data.

TASK 6.0: CONDUCT MARKET AREA ANALYSES
Objective:
• Determine the geographic relevant market area.

Deliverable:
• Market area report for each procurement category showing: location of firms; numbers and percentages of contracts/payments, firms, and dollar amounts.

TASK 7.0: CONDUCT UTILIZATION ANALYSES
Objective:
• Determine the percentage of prime and subcontracts made in each procurement category to M/WBE and non-/M/WBE vendors and contractors during the relevant time period by relevant market area.

Deliverables:
• Utilization report showing, to the extent possible from available data, percentages of City contract and purchase order dollars for each year under review, for the following categories: M/WBE classification, prime contracts, and subcontracts.
• Utilization report showing, to the extent possible from available data, percentages of City contract and purchase order dollars under review.
• Provide table templates for reporting prime and subcontractor analyses.

TASK 8.0: DETERMINE AVAILABILITY OF QUALIFIED FIRMS
Objective:
• Determine the pool of available contractors, subcontractors, and vendors that can provide services to the City by type of work (NAICS code) and by M/WBE group.

Deliverable:
• Study and report showing the number, availability, capability, and expertise of
available firms by M/WBE category, and the procurement categories.

TASK 9.0: ANALYZE UTILIZATION AND AVAILABILITY DATA FOR DISPARITY —AND STATISTICAL SIGNIFICANCE

Objectives:
• Compare utilization and availability data to determine the levels of disparity (if any).
• Calculate the disparity indices for each procurement category by M/WBE and non-M/WBE group, prime contractor and subcontractor, any other categories deemed necessary to meet the objectives of the study or case law; and similar size grouping of contracts (cohort analysis).

Deliverables:
• Set of disparity indices, standard deviation tests for each of the following categories:
– M/VVBE and non-M/WBE group; and
– prime contractor, subcontractor/vendor.
• Any other categories deemed necessary to meet the objectives of the study or case law.

TASK 10.0: COLLECT AND ANALYZE ANECDOTAL INFORMATION
Objectives:
• Identify, analyze, and document any recent historical evidence of discriminatory factors during the study period that have affected the ability of M/WBE firms to enter and prosper in the relevant market area. Include an analysis of judicial and administrative data regarding allegations of disparate treatment of contractors, distributors, consultants, and vendors.
• Determine through personal interviews, public hearing(s) and focus groups, and to what extent, evidence exists that the City or their contractors engaged in discriminatory patterns or practices during the fiscal years in review.
• Document all evidence or lack of evidence found.

Deliverable:
• The deliverable will be a report of anecdotal analysis that identifies evidence (or lack thereof) of discriminatory patterns or practices by the City or its contractors.

TASK 11.0: CONDUCT SURVEYS OF VENDORS
Objectives:
• Obtain business and demographic information from available vendors by M/WBE and non-M/WBE groups and each procurement category.
• Gather additional factual predicate information on barriers, if any, faced by M/WBE firms working with the agency, prime, and in the private sector
• Obtain data concerning M/VVBE and non-M/WBE access to credit and capital needed to do business with the City.

Deliverable:
• The deliverable will be a report describing the survey of a statistically reliable sample of available contractors, subcontractors, vendors, as well as, the statistical analysis of data concerning M/WBE and non-M/VVBE access to credit and capital needed to do business with the City.

TASK 12.0: CONDUCT REGRESSION ANALYSIS
Objectives:
• Conduct an econometric analysis to determine the relationships between M/WBE and non-M/WBE factors in explaining the levels of disparity among firms by M/WBE category and the impact of M/WBE on firm earnings.
• Conduct econometric analyses to examine the relationships between M/WBE and non-M/VVBE firms that are doing business in the private sector.

Deliverable:
• The deliverable will be a report of the findings and outcomes of the econometric analysis.
TASK 13.0: CONDUCT DISPARITY ANALYSES OF RELEVANT PRIVATE MARKET
Objectives:
• Determine if significant disparity exists between race, and gender of firm owners in the private marketplace that affects the ability of firms to win City contracts.
• Determine if there is a nexus between private sector discrimination and the City.

Deliverable:
• The deliverable will be a private sector report that will provide an analysis of M/VVBE and growing and developing businesses utilization in the private market and an analysis of utilization by agencies in the local market area that have either suspended goals or have no goals.

TASK 14.0: REVIEW OF EFFICACY OF RACE- AND GENDER-NEUTRAL REMEDIES
Objectives:
• Identify race- and gender-neutral remedies to ameliorate identified disparities.
• Evaluate the effectiveness of race- or gender-neutral remedies to rectify identified disparities.

Deliverable:
• The deliverable will be a report identifying recommendations for race- and gender-neutral remedies to ameliorate disparities, if any.

TASK 15.0: IDENTIFY NARROWLY TAILORED RACE- AND GENDER-NEUTRAL AND RACE- AND GENDER-BASED REMEDIES
Objectives:
• Identify race, and gender-related remedies to ameliorate identified disparities.
• Identify any specific statistically significant disparities for which race- or gender-neutral remedies will not correct.
• Identify narrowly tailored race- and gender-based remedies needed to correct patterns or practices that race- and gender-neutral remedies will not correct.

Deliverable:
• The deliverable will be a report that provides alternative solutions and recommendations identifying narrowly tailored alternatives, as well as, a specific goal-setting methodology for annual overall goals.

TASK 16.0: PREPARE AND PRESENT FINAL REPORT
Objectives:
• Prepare a report that incorporates the findings and conclusions from all project work tasks into a single, comprehensive report.
• Meet with City representatives to answer questions regarding the findings and analyses of the disparity study.

Deliverable:
• A comprehensive final report that incorporates the results of all project work tasks into a well-organized, written report.

Read complete contract

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