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12 more effective than using consultants. However, other Of the top 10 strategies that each group identified as respondents described positive relationships with con- most effective, seven strategies were shared between the sultants, in some cases citing their close oversight of con- two groups. sultants and strong working relationships during their In comparing which strategies were rated very or contract. extremely effective by the highest percentages of each group, respondents using 100% race-neutral measures RESPONSES FROM THE SUBSET fell within 20 percentage points of those in the other OF STATES THAT HAVE USED states in their ratings of nearly all measures. 100% RACE-NEUTRAL MEASURES Of the 22 strategies, 10 were rated more highly by race-neutral states and 12 were rated more highly by Following a 2005 court decision, each DOT in the nine states the other states. In general, neither group tended to under the jurisdiction of the Ninth Circuit Court of Appeals provide markedly higher ratings than the other. either must use 100% race-neutral measures to meet its DBE The biggest difference between the two groups was in participation goals or must receive a waiver from the FHWA rating the strategy "assisting DBEs with bonding and allowing the agency to use race-conscious measures to target financing." Sixty percent of race-neutral states rated certain subgroups (based on statistical evidence of discrimi- this very or extremely effective, whereas just 17% of nation within the state DOT's contracting market). other states did (see Figure 7). The states in the Ninth Circuit are Alaska, Arizona, Cali- States using 100% race-neutral measures were also simi- fornia, Hawaii, Idaho, Montana, Nevada, Oregon, and Wash- lar to other states in their assessment of which race-neutral ington. All have used 100% race-neutral measures for some strategies are least effective. period of time since 2005. In addition to these states, five other states reported in the survey that they currently use Of the 10 strategies that each group identified as least 100% race-neutral measures to meet their DBE goals: Florida, effective, nine of these were shared between the two Maine, Maryland, Vermont, and Wyoming. In general, dis- groups. cussion of survey responses in this section refers to this sub- In comparing which strategies were rated a 4 or 5 (very set of 14 states. or extremely effective) by the lowest percentages of each group, respondents using 100% race-neutral measures Most and Least Effective Measures Among States again fell within 20 percentage points of those in the Using 100% Race-Neutral Means other states in their ratings of nearly all measures. Among strategies that were rated a 4 or 5 less often by States using 100% race-neutral measures were relatively sim- 100% race-neutral states than by other states, the biggest ilar to other states in their assessment of which race-neutral differences between the two groups were in rating two strategies are most effective (see Figures 5 and 6). strategies. "Providing firms with one-on-one business FIGURE 5 These 10 strategies were rated most effective by respondents who had used 100% race-neutral measures. *Among respondents who had used these strategies.

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13 FIGURE 6 These six strategies were rated most often as very or extremely effective by respondents who had used 100% race-neutral measures. *Among respondents who had used these strategies. reviews and/or technical assistance" was rated a 4 or 5 most significant obstacles to meeting their DBE participation by 43% of race-neutral states that had used it versus 69% goals (see Figure 9). of other states that had. "Requiring pre-bid registration by prime contractors" was rated a 4 or 5 by 27% of race- Of the top eight challenges that each group identified as neutral states that had used it compared with 50% of most significant, seven were shared between the two other states that had (see Figure 8). groups. Respondents using 100% race-neutral measures tended Challenges Involved in Using 100% Race-Neutral Measures to identify certain issues as problems more than states in general did. For example, 100% of race-neutral states States using 100% race-neutral measures were similar to states identified a DBEs' inability to obtain bonding as a prob- nationwide in their assessment of which challenges are the lem, whereas 74% of states in general did. FIGURE 7 These strategies were rated a 4 or 5 (very or extremely effective) more often by respondents from 100% race-neutral states than by respondents from other states. *Among respondents who had used these strategies.

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14 FIGURE 8 These strategies were rated a 4 or 5 (very or extremely effective) less often by respondents from 100% race-neutral states than by respondents from other states. *Among respondents who had used these strategies. FIGURE 9 These challenges were rated most significant by survey respondents who had used 100% race-neutral measures. *Among respondents who had experienced these challenges.