2019 NAMC General Meeting

NAMC Oregon - Building Bridges, Crossing Barriers

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 info@namc-oregon.com 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 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

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

City of Portland & Portland Development Commission

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

Oregon Department of Transportation

• FHWA Response to NAMC-Oregon Complaint Regarding ODOT Sunset Hwy Project – DBE Trucking, August 29, 2012 – Violations Found

• NAMC-Oregon Public Comment on ODOT DBE Goal Fed FYs 2012 through 2013, January 20, 2012

• ODOT 2007 Disparity Study

• ODOT 2007 Disparity Study Update – February 2011

• ODOT 2011 Disparity Study Update

Laws & Regulations

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

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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 **

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 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

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

DBE Appeal Decisions

• Search for DBE Certification Appeal Decisions

Helpful Links

• 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)

DBE Program Contacts

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

Disparity Study Background

• 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.

2013

• Small Businesses Cheated Out of Work – King 5 News, by Susannah Frame, November 1, 2013 **

2012

• Door open for MWESB Fraud – Daily Journal of Commerce, by Reed Jackson, October 19, 2012

• Federal Government Finds Cheating on State Highway Construction Contract – The Skanner, by Lisa Loving, September 13, 2012

• Federal Agency Finds Misuse of DBE Program on ODOT Project – Daily Journal of Commerce, by Reed Jackson, September 12, 2012

2009

• Portland Considers Minority Oversight for Contract Review Panels – Daily Journal of Commerce, by Nathalie Weinstein, December 9, 2009

• Kaiser Program Will Help Minority Contractors Build Hospitals – The Skanner, by Brian Stimson, March 5, 2009

• Billy Webb Elks Lodge Ready for Business – The Skanner, June 18, 2009

2007

• ODOT Reveals Disparity Problem – The Skanner, by Brian Stimson, November 29, 2007

2008

• ODOT’s Chronic Failure to Do Business with African Americans in Portland Must End – February 2008

• Big Builders Partner with NAMCO to Restore North Portland Elks Club – Daily Journal of Commerce, by Libby Tucker, July 21, 2008

• Builders Plan Elks Lodge Revival – The Skanner, July 17, 2008

• Billy Webb Elks Lodge to Receive a $1 Million Face-Lift! – July 16, 2008

• Minority Firms Take Aim at Change, Launch Nonprofit Diversity Program – Daily Journal of Commerce, June 11, 2008

• Portland’s African-American Contractors Collide with ODOT Over Agency’s Failure to Include Minority Firms on Delta Park Project – Daily Journal of Commerce, by Libby Tucker, May 15, 2008