Specifications include, but are not limited to: The objectives of the disparity study include, but are not limited to, the following: • Analyzing the County's utilization and establishing a legally defensible basis for implementing race and/or gender-conscious measures in all of its contracting programs, while determining the most effective parameters for these programs. • Analyzing the availability of qualified businesses (ready, willing, and able to do business with the County), including M/WBEs, DBEs, PDBEs, SBEs, Veteran-Owned Enterprises, and LGBTQ-Owned businesses historically underutilized businesses that are capable to perform and offer professional services, construction services and materials, and other supplies and services in the relevant geographic market area of the County. • Identifying and recommending specific actions that the County can take to increase participation by M/WBEs, DBEs, PDBEs, and SBEs, and veteran-owned, and LGBTQ-owned enterprises irrespective of race and/or gender. • Assessing, quantifying, and evaluating whether there is specific identified discrimination in County contracting and procurement, and, if so, the prevalence, magnitude, and extent of any marketplace discrimination of M/WBEs, DBEs, PDBEs, SBEs, veteran-owned, and LGBTQ-owned enterprises. This analysis will focus on certain specific industries, including construction, professional services (design and engineering), and goods and services procured by the County. • Providing and recommending practical, workable, legal, and implementable measures and approaches to enhance the participation of M/WBEs, DBEs, PDBEs, and SBEs, and veteran-owned, and LGBTQ-owned enterprises in County contracting and procurement, with scalability for the future, and complying with applicable court decisions, Constitutional and statutory law, and other authorities. • Establishing a practical, relevant, and transparent system for tracking and verifying data related to the participation of M/WBEs, DBEs, PDBEs, and SBEs, and veteran-owned, and LGBTQ-owned enterprises in County contracting and procurement. • Establishing whether there is a compelling governmental interest, a strong and firm basis in evidence, and a legally defensible justification that complies with the relevant court decisions, Constitutional and statutory law, and other authorities for determining if there is and remedying specific identified discrimination in the County’s marketplace based on the study’s findings and conclusions. • Recommending narrow tailored and effective measures and parameters for remedying any findings of identified discrimination, including serious consideration of workable race, ethnic, and gender neutral measures, determining if there is a legal justification and need for implementing a race, ethnic, and/or gender conscious contracting program, and making recommendations for the elements of such narrow tailored programs that complies with the relevant court decisions, Constitutional and statutory law, and other authorities.
