Advocacy, Issues & DBE Resources

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 Oregon; also included are the 2010 Transit Research Board Guidelines for Disparity Studies and other similar background documents:

Disparity Study Background

• 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

City of Portland and Portland Development Commission

• City of Portland and Portland Development Commission 2011 Disparity Study Final Report

Port of Portland

• Port of Portland 2009 Disparity Study – Executive Summary
• Port of Portland 2009 Disparity Study – Findings and Recommendations
• Port of Portland 2009 Disparity Study – Action Plan

Oregon Department of Transportation (ODOT)

• FHWA Response to NAMC-Oregon Complaint Regarding ODOT Sunset Hwy Project - DBE Trucking, August 29, 2012 - Violations Found
• ODOT 2007 Disparity Study
  • NAMC-Oregon Public Comment on ODOT DBE Goal Fed FYs 2012 through 2013, January 20, 2012
• ODOT 2007 Disparity Study
  • NAMC-Oregon Public Comment on ODOT DBE Goal, April 15, 2008
• ODOT 2007 Disparity Study Update – February 2011

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 Portland 2011 Disparity Implementation
• Portland Development Commission 2011 Disparity Implementation
• City of Portland Sheltered Market Audit Report – 2010
• ODOT Reports Related to American Recovery and Reinvestment Act
  • ODOT ARRA Audit Report – December 13, 2010
  • ODOT ARRA Audit Report (ODOT Response) – January 27, 2011

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

Issue Submission

An NAMC-Oregon 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 This email address is being protected from spambots. You need JavaScript enabled to view it. for consideration.

 

 DBE Resource Library

 

U.S. Department of Transportation

U.S. Department of Transportation: Office of Small and disadvantaged Businesses Utilization

Disadvantaged Business Enterprise Program (DBE)

The Rule Making Process – U.S. Department of Transportation

ODOT Office of Civil Rights: Disadvantaged Business Enterprise (DBE)

Office of Minority, Women and Emerging Small Business (Oregon)

 

 

Federal:

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 Constructioin, 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

 

Federal:

Statute-

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

Original Implementing Regulations for Current Federal DBE Program - Final Rule 1999

Oregon State:

Oregon Revised Statutes-

Chapter 200: Disadvantaged, Minority, Women and Emerging Small Business Enterprise

Oregon Administrative Rules-

Chapter 123, Division 200: DBE/MBE/ESB Certification Procedures

 

 

Search for DBE Certification Appeal Decisions:

 

 

• For general information about the DBE rules/regulations: Office of the General Counsel, 202-366-9310
• For information on DBE certification appeals: Departmental Office of Civil Rights, 202-366-5992
• For information on programs to assist small and disadvantaged business: Office of Small and Disadvantaged Business Utilization (OSDBU), (800) 532-1169 ext. 61930 or 202-366-1930

• For information on the DBE program in specific operating administrations:

• Federal Highway Administration (FHWA) Office of Civil Rights - 202-366-8110 (Martha Kenley); or 720-963-3243 (Bernetta L. Collins); or Office of Chief Counsel 202-366-0740 (JoAnne Robinson).
• Federal Transit Administration (FTA) Office of Civil Rights 202-366-5086 (Randelle Ripton); or Office of Chief Counsel, 202-366-4011 (Scheryl Portee).
• Federal Aviation Administration (FAA) Office of Civil Rights - 202-267-3259 (Michael Freilich); or Office of Chief Counsel - 202-267-7713 x3199 (Elizabeth Newman). This website also has information on the Airport DBE Program and the Airport Civil Rights Program.