city of San Antonio


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File #: 21-1019   
Type: Staff Briefing - Without Ordinance
In control: City Council B Session
On agenda: 1/13/2021
Posting Language: Small Business Economic Development Advocacy (SBEDA) Disparity Study: Request for Proposal Pre-Solicitation Briefing. [Carlos J. Contreras, III; Assistant City Manager; Alejandra Lopez, Director, Economic Development]
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DEPARTMENT: Economic Development


DEPARTMENT HEAD: Alejandra Lopez


COUNCIL DISTRICTS IMPACTED: City-wide


SUBJECT:

Small Business Economic Development Advocacy (SBEDA) Disparity Study: Request for Proposal Pre-Solicitation Briefing


SUMMARY:

The City is proposing to advertise a request for proposal (RFP) for an updated Small Business Economic Development Advocacy (SBEDA) Disparity and Causation Analysis Study (Disparity Study) to identify potential racial and gender contracting disparities in the San Antonio marketplace and to provide legal support to potentially continue the City's affirmative action contracting program.


BACKGROUND INFORMATION:

As directed in the City Council adopted SBEDA Ordinance (2016-05-19-0367), the Economic Development Department is proposing to advertise a RFP for an updated SBEDA Disparity Study to identify potential racial and gender contracting disparities in the San Antonio marketplace and to provide legal support to potentially continue the City's affirmative action contracting program.

As determined in Supreme Court case of Richmond v. Croson (1989), government contracting policies using race and/or gender as a classification or as a consideration must withstand "strict scrutiny" under federal law and must show a "compelling governmental interest" to establish and to maintain race and gender-specific programs. Essentially, the governmental entity must find statistical evidence of disparities in the market area, anecdotal evidence of barriers to full and fair inclusion must support the statistical evidence, and remedies must be "narrowly tailored" to address that evidence. Industry best practice is to update disparity studies approximately every five years.

The proposed new Disparity Study would update the City's 2015 study, which found a continuing disparity between the availability and utilization of minority- and women-owned businesses on City contracts, as well as market-based disparities impacting minority an...

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