Agenda Item 3A
November 1, 2016
Robert H. Drummer, Senior Legislative Attorney
Expedited Bill 45-16, Contracts and Procurement - Minority-Owned
Businesses - Sunset Date - Amendments
Expedited Bill 45-16, Contracts and Procurement - Minority-Owned Businesses - Sunset Date
Amendments, sponsored by Lead Sponsor Government Operations and Fiscal Policy Committee, is
scheduled to be introduced on November 1, 2016. A public hearing is tentatively scheduled for November
8 at 1:30 p.m.
Expedited Bill 45-16 would extend the sunset date for the County's minority owned business
purchasing program until December 31,2019.
The Supreme Court in
City of Richmond
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 discrimination. For this reason, local
governments that have this type ofprogram must evaluate the continuing need for
every few years. The
County Executive submitted a Disparity Study to the Council on July 1, 2014 prepared by Griffin and
Strong that supports the continuation of the program.
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. GSPC divided County contracts into 4 categories - Construction,
Professional Services, Services, and Goods.