State of Washington Disparity Study 2019 STATE OF WASHINGTON DISPARITY STUDY 2019 July 30, 2019 Colette Holt & Associates 3350 Brunell Drive Oakland, CA 94602 (773) 255-6844 [email protected] ii © 2019 Colette Holt & Associates, All Rights Reserved State of Washington Disparity Study 2019 About the Study Team Colette Holt & Associates (“CHA”) is a national law and consulting firm specializing in disparity studies, affirmative action contracting programs, expert witness services, compliance monitoring and strategic development related to inclusion, diversity and affirmative action. Founded in 1994, it is led by Colette Holt, J.D., a nationally recognized attorney and expert. In addition to Ms. Holt, the firm consists of Steven C. Pitts, Ph. D., who serves as the team's economist and statistician; Ilene Grossman, B.S., CHA Chief Operating Officer; Glenn Sullivan, B.S., CHA Director of Technology; and Victoria Farrell, MBA, CHA Assistant Principal Researcher. CHA is certified as a Disadvantaged Business Enterprise, Minority-Owned Business Enterprise and a Woman-Owned Business Enterprise by numerous agencies. Blackstar Services, Inc. Daucey Brewington, owner of Blackstar Services, Inc. is an enrolled member of the Lumbee Tribe of North Carolina. Founded in 1998, Blackstar works directly with Native individuals and tribally owned businesses. Mr. Brewington works with public and private organizations to create business pathways into Indian Country, particularly by leveraging federal programs that offer advantages for tribally owned concerns. F.M. Burch & Associates Faye M. Burch specializes in contracting equity programs for minority- and woman-owned business and workforce development, public involvement programs, technical assistance and small business development, and project management. Ms. Burch works in the public, private, and non-profit arenas, bringing her talents and skills as a savvy business leader, public policy setter, and community activist to her projects. Her style and approach are creatively designed to fit the diverse needs of the client. Acknowledgements We wish to express special appreciation to Rex Brown and the staff of the Department of Enterprise Services for their assistance in conducting this study. © 2019 Colette Holt & Associates, All Rights Reserved iii iv © 2019 Colette Holt & Associates, All Rights Reserved Table of Contents I. Executive Summary . 1 A. Summary of the Strict Constitutional Standards Applicable to Minority and Women Business Programs . 1 B. Study Methodology and Data . 2 C. Study Findings. 3 1. The State of Washington’s Contracting Equity Policies. 3 a. Experiences with Obtaining State Contracting Opportunities. 3 b. Staff Interviews . 4 2. Utilization, Availability and Disparity Analyses for the State . 5 3. Analysis of Economy-Wide Race and Gender Disparities in the State’s Market. 14 4. Qualitative Evidence of Race and Gender Barriers in the State of Washington’s Market . 15 D. Recommendations . 17 II. Legal Standards for State Contracting Affirmative Action Programs . 23 A. Summary of Constitutional Standards . 23 B. City of Richmond v. J.A. Croson Co. 25 C. Establishing a “Strong Basis in Evidence” for a Minority- and Women-Owned Business Enterprise Program for the State of Washington . 27 1. Define the State of Washington’s Market Area. 27 2. Examine Disparities Between M/WBE Availability and the State’s Utilization of M/WBEs . 28 3. Analyze Economy-Wide Evidence of Race- and Gender-Based Disparities. 30 4. Evaluate Anecdotal Evidence of Race- and Gender-Based Barriers. 31 D. Narrowly Tailoring a Minority-Owned and Women-Owned Business Enterprise Procurement Program for the State of Washington. 32 1. Apply Race- and Gender-Neutral Remedies to the Maximum Feasible Extent. 32 2. Set Targeted Goals . 33 3. Ensure Flexibility of Goals and Requirements . 34 4. Review Program Eligibility Over-Inclusiveness and Under-Inclusiveness . 34 5. Evaluate the Burden on Third Parties . 35 6. Examine the Duration and Review of the Program . 36 III. The State of Washington’s Contracting Equity Policies . 39 A. The State of Washington’s Contracting Equity Policies . 39 B. Business Owners’ Experiences with Obtaining State of Washington Prime Contracts and Subcontracts . 42 © 2019 Colette Holt & Associates, All Rights Reserved v State of Washington Disparity Study 2019 C. State Staff Experiences with Contracting and Procurement Policies. 52 D. Conclusion. 58 IV. Utilization, Availability and Disparity Analyses for the State of Washington . 59 A. Introduction and Overview . 59 B. Contract Data Overview. 60 C. The State of Washington’s Product and Geographic Markets . 60 1. The State of Washington’s Unconstrained Product Markets . 61 2. State of Washington’s Geographic Market . 64 D. State of Washington’s Utilization of M/WBEs . 64 E. Availability of M/WBEs in The State of Washington’s Contracting Markets . 71 1. Methodological Framework . 71 2. Analysis of M/WBE Availability in the State of Washington’s Markets . 73 F. Analysis of Disparity Ratios Between M/WBE Utilization and Availability. 78 G. Conclusion. 81 V. Analysis of Disparities in the Washington Economy . 83 A. Introduction . 83 B. Disparate Treatment in the Marketplace: Evidence from the Census Bureau’s 2012 Survey of Business Owners. 85 C. Disparate Treatment in the Marketplace: Evidence from the Census Bureau’s 2012 - 2016 American Community Survey . 91 1. All Industries Combined in the State of Washington. 93 2. The Construction Industry in the State of Washington. 95 3. The Construction-Related Services Industry in the State of Washington . 97 4. Goods in the State of Washington . 99 5. The Services Industry in State of Washington . 101 6. The Information Technology Industry in State of Washington. 103 D. Evidence of Disparities in Access to Business Capital . 105 E. Evidence of Disparities in Access to Human Capital . 108 F. Conclusion . 109 VI. Qualitative Evidence of Race and Gender Barriers in the State of Washington’s Market . 111 A. Business Owner Interviews . 113 B. Anecdotal Surveys . 120 C. Stakeholder Survey. 130 D. Conclusion. 130 vi © 2019 Colette Holt & Associates, All Rights Reserved State of Washington Disparity Study 2019 VII. Recommendations for the State of Washington’s Contracting Equity Program . 131 A. Implement an Electronic Data Collection and Monitoring System for All State Agencies. 132 B. Increase Access to State Contracting Information . 132 C. Increase Outreach to M/WBEs . ..