The Study will examine:
- The procurement of Construction, Professional Services (including Architecture and Engineering), Standard Services, and Goods for the City,
- The subcontracting practices of prime contractors/vendors who do business with the City,
- The anecdotal evidence collected from a broad cross section of minority-, women-, and non-minority-owned firms, and
- Minority and women-owned business participation in the private sector.
The tasks involved in conducting the Study include, but are not limited to,
- Legal Review & Analysis: review of the legal framework on which disparity studies are based, and includes standards established by the City of Richmond v. J.A. Croson Co., as well as other relevant court cases with emphasis on program and methodological requirements.
- Purchasing, Policies, Practices, & Procedures: detailed examination of the City’s laws, procurement policies and procedures, and Minority and Women-owned Business Enterprises (M/WBE) policies that previously and currently govern the City’s procurement programs.
- Data Collection: assess the availability of awards and payment data maintained by the City. Collect all pertinent electronic and hard copy data appropriate and available to execute various analyses associated with the City’s disparity study. Along with all prime, payment and awarded data, MGT collects available subcontract data during the study period.
- Relevant Geographic Market Analysis: evaluate and determine the relevant geographic market area of expended dollars with firms based on their location.
- Estimation of M/WBE Availability: using various sources, estimate the availability of firms in the relevant geographic market area that do business or interested in doing business with the City.
- Public Sector Utilization: collect utilization data of M/WBEs on the City’s prime contracts and subcontracts for all City agencies that are subject to New York City Procurement Policy Board (PPB) rules.
- Public Sector M/WBE Disparity Ratios: determine whether a disparity exists by creating a disparity index as well as using statistical significance testing.
- Private Sector Marketplace Analysis: identify the presence or absence of passive discrimination in the private sector.
- Anecdotal Evidence of Discrimination: gather anecdotal information regarding contracting and purchasing practices in the City’s market area from M/WBE and non-M/WBE firms through the collection of formal complaints, in-depth interviews, focus groups, and surveys.
- Recommendations: a detailed set of recommendations based on the factual predicate information developed in the study and the Consultant’s extensive inventory of selected practices.
The Industries that will be analyzed include:
- Construction: Construction services provide for the construction, renovation, rehabilitation, repair, alteration, improvement, demolition, and excavation of physical structures, excluding the performance of routine maintenance. This category of services includes trade work such as: painting, carpentry, plumbing, electrical installation, and asbestos and lead abatement
- Professional Services: (includes Architecture & Engineering): Services that require the provider to possess specialized skills, including the holding of advanced degrees and exercise of independent judgment. Examples include: accountants, lawyers, doctors, computer programmers, architectural and engineering services, construction management services, and an array of consulting services, including medical, information technology, and management consulting. For Architecture & Engineering examples include: state-licensed architect, landscape architect, and professional engineer.
- Standard Services: Services that do not typically require a provider to have experience in a specialized field or hold an advanced degree. Examples include: security, janitorial, secretarial, transportation, office machine repair, collection, and food related services.
- Goods: Furniture, office supplies, computers, etc.