COMPREHENSIVE DISPARITY STUDY PUBLIC HEARING San Antonio Water System (SAWS)

Transcription

1 COMPREHENSIVE DISPARITY STUDY PUBLIC HEARING San Antonio Water System (SAWS) August 15, 2014 florida california michigan texas washington

2 Welcome & Introductions Marisol V. Robles, SMWB Program Manager Reggie Smith, Partner/Project Manager Vernetta Mitchell, Senior Consultant Mario Trevino, CEO, Innovative Strategies, Subconsultant

3 Hearing Agenda Purpose of a Disparity Study Purpose of Public Hearing MGT Overview Disparity Study Team Legal Framework Approach & Methodology Schedule Public Hearing Guidelines

4 Purpose of a Disparity Study To determine whether an agency, either in the past or currently, engages in exclusionary practices in the solicitation and award of contracts to minority, and women owned business enterprises (M/WBEs). Disparity studies are commissioned by an agency to determine if there is disparity between the availability of firms in a market area and the utilization of those firms by that agency.

5 Purpose of Public Hearing To receive anecdotal information through public testimony from business owners, prime and subcontractors, service providers, vendors, etc., about their experiences doing business with or attempting to do business with San Antonio Water System (SAWS), in the private sector, and barriers, perceived or real, that may have prevented firms from doing business with SAWS.

6 MGT Overview MGT is a national research and management consulting firm established in Offices in Tallahassee, FL, Austin, TX, Sacramento, CA, Olympia, WA, and Bay City, MI. Successfully managed more than 6,000 client engagements in all 50 states and several foreign countries. National leader in disparity research and litigation support. Conducted close to 200 disparity studies since 1990.

7 Disparity Study Team San Antonio Water System Project Officer Ms. Marisol Robles MGT PARTNER-IN-CHARGE Dr. Fred Seamon, Sr. Partner MGT PROJECT MANAGER Mr. Reginald Smith, Partner MGT TECHNICAL ADVISORS Mr. Stephen F. Humphrey, Jr., Sr. Partner Dr. J. Vincent Eagan, Principal Investigator MGT DISPARITY STUDY TEAM Mr. Reginald Smith Partner Dr. J. Vincent Eagan Principal Investigator Ms. Vernetta Mitchell Senior Consultant Ms. Marilyn Wiley Consultant Ms. Hope Smith Consultant Innovative Strategies* Mr. Mario Trevino Oppenheim Research* Anneliese Oppenheim MGT TECHNOLOGY SUPPORT *Subcontractor Mr. Hank Townsend

8 Legal Framework J.A. Croson, Engineering Contractors, H.B. Rowe, Concrete Works and other relevant cases. A Compelling Interest Can Be Found in Private Sector Discrimination Concrete Works v. City and County of Denver, 321 F (10th Cir 2003).

9 Approach & Methodology MGT will produce a study that is: Accurate Legally Defensible Reliable Valid

10 Approach & Methodology (cont d) Study Definitions Business Categories Heavy Civil/Utility Construction Architecture & Engineering General Services Study Period January 1, 2011 December 31, 2013

11 Approach & Methodology (cont d) Framed by research questions designed to address all key elements of a rigorous, comprehensive and legally defensible study. Key research question: Is there legally sufficient evidence to support a race and gender conscious SMWB program for SAWS?

12 Approach & Methodology (cont d) Other research questions: 1. Are there disparities between the availability and utilization of MWBEs? 2. If there is statistical evidence of disparity, what is the cause of the disparity? Is there other evidence that supports and/or explains why there is disparity? 3. Are there statistically significant disparities in the utilization of MWBEs by prime contractors on projects where there are no MWBE goals? 4. Does the agency contract with firms that engage in exclusionary practices that result in disparities? 5. Is there qualitative/anecdotal evidence of disparate treatment of MWBE subcontractors by prime contractors?

13 Approach & Methodology (cont d) Phase I Assess Data Collect and Clean Data Identify Geographic Market Conduct Utilization Analysis Determine Availability of Qualified Firms Analyze Utilization and Availability Data for Disparity and Statistical Significance

14 Approach & Methodology (cont d) Phase II Collect and Conduct Anecdotal Analysis 25 one-on-one interviews Two public hearings Conduct Survey of Vendors Conduct Regression Analysis Conduct Private Sector Analysis

15 Approach & Methodology (cont d) Phase III Review Effectiveness of Race- and Gender- Neutral Remedies Identify Narrowly Tailored Race- and Gender- Neutral and Race- and Gender-Based Remedies Prepare and Present Draft Report Finalize and Present Disparity Report

16 Schedule Began in October 2013 Anticipated Completion September 2014

17 Public Hearing Guidelines Testimony limited to 5 minutes State and spell your name State the name of your company State how long you ve been in business State your company s primary line of business Give the nature of your comment/testimony: Explain the extent of any discrimination you have experienced in public contracting, Whether you believe this incident occurred because of your race, gender, disability, etc. The businesses or entities involved in the incident(s), The date and location of the incident(s).

18 Contact Information If you have additional anecdotal information contact: Vernetta Mitchell If you want additional information about SAWS SMWB Program or the Disparity Study contact: Marisol V. Robles

19 4009 Banister Lane, Suite 265 Austin, TX (512) , ext