RECOMMENDATION #26

Research options for conducting an Availability and Disparity Study.

An Availability and Disparity Study is used by some large cities and government agencies to assess their contracts and bid awards and ensure that minority-owned businesses are receiving equal opportunity and proportionate contracts in relation to community demographics. A 1989 ruling by the U.S. Supreme Court appears to restrict the ability of cities to establish proportionate contracting goals without first conducting this type of study.

Steps taken to-date include:

• Contact local council of government for support/assistance.
• Contact surrounding communities to gauge interest in a joint study.

Future consideration includes:

• Determine budgetary needs for conducting study.
• In light of the U.S. Supreme Court ruling in Richmond, VA v. J.A. Croson (1989), seek advice from the City Attorney as to what options are permitted without conducting an Availability and Disparity Study

Status: Complete

Planned Actions

• Finance Department staff have been looking into opportunities to work with other entities on a collaborative study with some shared costs. The Purchasing Manager has checked with surrounding DFW entities about this opportunity for a joint collaboration on this project. Purchasing has reached out through local associations and there is currently no interest in a collaborated study. Once potential partners are identified, a budget package will be prepared and submitted for funding consideration.
• An Action Step item is being considered for FY 22-23 for membership to North Central Texas Regional Certification Agency (NCTRCA). Membership in the NCTRCA provides access to a database of 4,500 plus minority, women, and small business Owners that are local to North Texas and the City of Lewisville. This is a first step in assessing the feasibility of performing an Availability and Disparity study as recommended in the Listen, Learn, Lead report. Membership in the NCTRCA also provides assistance to its member entities by validating businesses that are bona-fide disadvantaged, small, women and minority-owned businesses.