Agenda Item 6A
Robert H. Drummer, Senior Legislative Attomeyt;;
Expedited Bill 42-14, Contracts and Procurement Minority-
Businesses - Sunset Date - Amendments
Government Operations and Fiscal Policy Committee recommendation:
Bill with amendments.
Expedited Bill 42-14, Contracts and Procurement - Minority-Owned Businesses - Sunset
Date - Amendments, sponsored by the Council President at the request of the County Executive,
was introduced on September 16,2014. A Government Operations and Fiscal Policy Committee
worksession was held on September 29 and a public hearing was held on October 7.
Bill 42-14 would establish the deadline for submission to the Council by the Executive of
a report that evaluates the minority owned business purchasing program. The Bill, as introduced,
would also extend the sunset date for the program until December 31, 2019.
The Supreme Court in
City ofRichmond v.
A. Croson Company,
488 U.S. 469 (1989),
established a framework for a local government to implement a program that provides a
preference for minority owned businesses. The Court held that there must be substantial
evidence of past or ongoing discrimination in order to show a compelling government interest to
justify the program. The Program must be narrowly tailored to remedy the past or ongoing
For this reason, local governments that have this type of program must evaluate
the continuing need for it every few years. The County Executive submitted a Disparity Study to
the Council on July 1,2014 prepared by Griffm and Strong that supports the continuation of the
2014 Disparity Study
In May 2013, the County retained Griffin
Strong, P.C. (GSPC) to conduct a
comprehensive disparity study. GSPC examined and analyzed the procurement policies and
practices of the County and its prime contractors regarding the use of Minority, Female, and
Disabled owned businesses (MFD) on County contracts for goods and services. The objective
was to determine if there was a statistically significant disparity between the number of MFD
firms in the relevant market and the dollars awarded to MFD firms through County contracts.