
By Milton Kirby | Atlanta, GA – November 13, 2024
Gwinnett County has launched its inaugural disparity study to evaluate and improve the inclusiveness of its procurement processes. On March 5, 2024, the Gwinnett County Board of Commissioners approved a contract with Atlanta-based consulting firm Griffin & Strong, P.C. (G&S) to conduct this critical analysis, covering the County’s spending from 2019 through 2023. This study aims to determine whether minority-owned, women-owned, and other disadvantaged business enterprises (MWDBEs) have equitable access to public contracting opportunities in Gwinnett County.
The Purpose of the Disparity Study
Disparity studies are tools used to provide a factual foundation for determining if there are inequalities in the way government contracts are awarded. The studies examine whether race or gender-conscious corrective programs are needed to ensure that all businesses, including those owned by minorities and women, have equal opportunities in the procurement process. This study for Gwinnett County will investigate several core aspects, including statistical analysis, economic impact, and anecdotal evidence. It will provide insights into whether minority- and women-owned businesses are adequately represented in county contracts or if systemic barriers exist that limit their participation.
A disparity study measures equity and ensures that any remedial programs resulting from its findings are legally sound. The study adheres to constitutional requirements and follows the legal precedent established by the 1989 U.S. Supreme Court case City of Richmond v. J.A. Croson. This ruling mandated that governments must demonstrate a “compelling interest” to justify implementing procurement programs specifically targeting MWDBEs.
Background and Significance
Gwinnett County’s journey toward its first disparity study began in 2022, during an annual strategic planning session held by the Board of Commissioners. During that session, the importance of evaluating and potentially correcting disparities in contracting practices was identified as a top priority, especially given the County’s growing diversity.
Chairwoman Nicole Love Hendrickson emphasized that Gwinnett County’s demographics make this study especially relevant. “We are a very diverse county with a lot of minority businesses, a lot of international businesses,” Hendrickson stated. “This effort is about responding to the change already present in our community and ensuring inclusivity in our economic activities.” The County allocated approximately $500,000 in its 2023 budget to commission this study, which will now move forward with the expertise of G&S.
Griffin & Strong, P.C.: A Leader in Equity Analysis
Selected to lead Gwinnett’s study, Griffin & Strong is a law and consulting firm based in Atlanta with a significant public policy consulting and supplier diversity track record. Established in 1992, the firm has more than 25 years of experience conducting disparity studies, developing legislative programs, and supporting government agencies in promoting equity and inclusion in contracting. Griffin & Strong’s expertise in disparity research positions them as a fitting choice to handle the complexities of Gwinnett County’s study. The firm’s unique approach as both a law firm and a policy consultant enables them to respond effectively to the legal and procedural challenges of disparity studies in today’s climate.
Key Components of the Disparity Study
The study will involve several critical stages designed to comprehensively assess the County’s procurement landscape. These include:
- Data Collection: Gathering and analyzing data on contracts awarded to MWDBEs and other businesses over the past five fiscal years to establish a baseline of current practices.
- Statistical and Economic Analysis: Assessing the availability of MWDBEs in the market and comparing it to their actual utilization in Gwinnett County contracts.
- Identification of Disparities: Using the gathered data to identify any significant gaps between the availability of MWDBEs and their representation in county contracts, which could point to underlying systemic issues.
- Anecdotal Evidence Collection: In addition to quantitative data, the study will include insights from business owners and community members gathered through interviews, surveys, focus groups, and public hearings.
- Recommendations: Based on the findings, the study will propose actionable recommendations to address identified disparities. This may include introducing or enhancing programs to increase MWDBE participation.
These components aim to provide a comprehensive understanding of the contracting environment and the barriers that may affect MWDBEs. The Gwinnett County study will also seek to identify whether there is underutilization of these businesses compared to their availability in the market.
Community Engagement: Public Hearings, Focus Groups, and Surveys
G&S will actively engage with the local business community to ensure a thorough analysis. Informational meetings were held on September 18 and 19, 2024, to inform stakeholders about the study’s objectives and ways to participate. Several avenues for community involvement are planned, including public hearings, surveys, and focus groups.
- Public Hearings: These sessions allow business owners and community members to share their experiences with the County’s procurement process. Their testimonies will be recorded as part of the study’s official record and will contribute to the analysis.
- Focus Groups: G&S will conduct small-group discussions with selected businesses across different ethnicities and genders to gain insights into their experiences working with Gwinnett County or their reasons for not pursuing contracts with the County.
- Anecdotal Interviews: These one-on-one interviews will enable business owners to provide more personal accounts of their experiences, which can help illuminate any nuanced barriers in the contracting process.
- Survey of Business Owners: The study will include a survey targeting a wide range of businesses operating within Gwinnett County. This survey will seek to understand the experiences of these firms in dealing with the County’s procurement and contracting system. The survey will be available online for any business that wishes to participate.
Potential Impact of the Study’s Findings
The findings of Gwinnett County’s disparity study could have far-reaching implications. Governments often use disparity study results to support new policies or adjustments to existing programs designed to foster diversity and prevent discrimination. Such measures could include setting specific contracting goals for MWDBEs, creating contract opportunities specifically for these businesses, and addressing any identified systemic barriers. Disparity studies provide a solid foundation for justifying such programs, ensuring that they align with both local and federal legal standards.
According to G&S, the study’s recommendations will focus on feasible solutions to improve diversity and inclusion within Gwinnett County’s contracting processes. These recommendations could range from policy adjustments to training programs aimed at enhancing awareness of available resources among MWDBEs.
Budget and Timeline
Gwinnett County has allocated a portion of its budget toward this effort. In 2023, the budget included continued support for the study, to ensure thorough, data-backed insights into contracting practices. As specified in the 2024 budget, the study will be conducted by an experienced consultant specializing in disparity and availability analyses.
The proposal request for qualified consultants was issued on September 20, 2023, under Request for Proposal RP036-23, with a deadline for submission on October 23, 2023. This selection process ultimately led to the engagement of Griffin & Strong, who will now proceed with the study’s execution.
Moving Forward: Shaping Gwinnett County’s Future in Public Contracting
As Gwinnett County embarks on this important analysis, its leaders are focused on building a fairer, more inclusive community for all businesses. The County’s diversity is seen as a strength that enriches its economic landscape, and this study marks a significant step toward ensuring that all businesses have equal opportunities to contribute.
The findings from the disparity study will be integral to shaping future policies that promote equitable access and fair competition within Gwinnett County’s procurement processes. For Gwinnett’s MWDBEs, the results of this study could lead to new opportunities to participate in public contracting, while also providing a model of inclusivity that other counties may look to as an example.
Community members and business owners who wish to participate or provide input can contact the County’s study team at gwinnettcountystudy@gspclaw.com. As the study progresses, continued engagement from local businesses and residents will be essential to ensure a comprehensive and representative understanding of the County’s contracting practices.