NCHRP Report 644: Guidelines for Conducting a Disparity and Availability Study for the Federal DBE Program
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  • 113 pages
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NCHRP Report 644:
Guidelines for Conducting a Disparity and Availability Study for the Federal DBE Program
(2010)
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Overview

Authors

Description

TRB's National Cooperative Highway Research Program (NCHRP) Report 644: Guidelines for Conducting a Disparity and Availability Study for the Federal DBE Program explores guidelines for state departments of transportation (DOTs) on how to conduct effective and legally defensible disparity and availability studies to meet the requirements of the Disadvantaged Business Enterprise (DBE) program for federally funded projects. The report includes guidance designed to assist DOTs in determining when and if a disparity or availability study is recommended, a model scope of work that may be used in a request for proposals, and detailed recommendations on how to design and implement disparity and availability studies.

Topics

  • Transportation — Administration and Management
  • Transportation — Law
Contents

Table of Contents

skim chapter
Front Matter i-ix
Strict Scrutiny Standard 1-1
Strict Scrutiny as Applied to the Disadvantaged Business Enterprise Program 2-6
Implications and Effects of Western States 7-7
TRB Model Disparity Study Project 8-8
Introduction 9-11
Guidelines for Conducting Disparity and Availability Studies 12-15
Review of Existing Studies 16-24
Current State DOT Goal-Setting Methods 25-28
Determination of Relevant Product Market 29-29
Estimation of DBE Availability 30-47
State DOT Disparity Analyses 48-50
Anecdotal Analyses 51-53
Management of the Study Process 54-54
Collection of Subcontracting Data 55-55
Multi-Jurisdiction Studies 56-56
Model Study Scope of Work 57-57
Tips for a Successful DBE Disparity or Availability Study RFP Process 58-59
Non-DBE Subcontract Data Is Just as Important as DBE Subcontract Data 60-61
Methods for Collecting Subcontract Data in Anticipation of Future Studies 62-62
Methods for Addressing Missing Subcontract Data for Current Studies 63-64
Strict Scrutiny Standard 68-78
Strict Scrutiny as Applied to the Disadvantaged Business Enterprise Program 79-81
State DOTs' Implementation of Part 26 Must be Narrowly Tailored 82-83
Judicial Review of DBE Goal Setting Under Part 26 84-87
Additional Evidence of Discrimination 88-91
Additional Elements of Narrowly Tailored DBE Goal Setting 92-93
Implications of Western States 94-95
Appendix D - Glossary 96-98
Cases (Alphabetical) 99-99
Cases (By Circuit) 100-100
General References 101-101
Disparity and Availability Studies 102-103
Abbreviations used without definitions in TRB publications 104-104

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