In July of 2022, the Memphis-Shelby County School District (“MSCS” or “The District”) contracted with Griffin & Strong, P.C. (“GSPC”) to conduct a disparity study (“Study”), to evaluate and make improvement recommendations for contracting and procurement policies and practices with regard to minority and women-owned firms.
The Study focuses on the availability and utilization of Minority Business Enterprises (“MBE” or “Minority owned”), and Non-minority Woman Owned Business Enterprises (“WBE” or “Non-minority Woman”) (collectively “MWBEs”) and examines relevant evidence of race or gender-based disparities in the District’s contracting.
Governmental entities across the country authorize disparity studies in response to City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989) and subsequent cases to determine whether there is a compelling interest for the creation or continuation of remedial procurement programs, based upon race, gender, and ethnicity. In order for the legal requirements of Croson and its progeny to be satisfied for any race or gender-based activities, GSPC must determine whether MSCS has been a passive or active participant in any identified disparities with regard to the access of MBEs and WBEs to its procurement and contracting opportunities. Toward achievement of these ends, GSPC has analyzed the prime contracting and subcontracting activities for the District’s purchases of Construction, Architecture & Engineering (“A&E”), Professional Services, Other Services, and Goods during the five (5) year study period based on the District’s fiscal years from FY2018 through FY2022 (“Study Period”).
2023 Disparity Study
2017 Disparity Study
