Revised City of South Bend Disparity Study Report

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CCS of South Bend Disoarity Study 2020 a. City spending across another 47 NAILS codes comprised 8.43 percent of all spending. The entire list of NAICS codes is contained in Appendix D. Source: CHA analysis of City of South Bend's data. 2. The City of South Bend's Geographic Market The courts and the M/WBE regulations118 require that a local government limit the reach of its race- and gender -conscious contracting program to its geographic market area.119 While it may be that the state's jurisdictional boundaries comprise the City's geographic market area, this element of the analysis must be empirically established.120 To determine the relevant geographic market area, we applied the standard of identifying the firm locations that account for at least 75 percent of contract and subcontract dollar payments in the contract data file. 121 Location was determined by ZIP code and aggregated into counties as the geographic unit. As presented in Table 4-4, spending in Indiana accounted for 81.9 percent of all contract dollars paid in the City's unconstrained product market. Upon fur- ther investigation of spending, we identified the City spent an additional 4.6 percent of its contract dollars in Berrien County, MI. Therefore, our analysis used the State of Indiana and Berrien County as the geographic market area for this study. 118. https://www.transportation.gov/sites/dot.gov/files/docs/Tips_for_ Goal-Setting_in_DBE_Program_20141106.pdf; see also 49 C.F.R 4 26.45. 119. City of Richmond v J.A. Croson Co., 488 U.S. 469, 508 (1989) (Richmond was specifically faulted for including minority contractors from across the country in its program based on the national evidence that supported the USDOT DBE pro- gram). 120. Concrete Works of Colorado, Inc. v City and County of Denver, 36 F.3d 1513, 1520 (10th Cir. 1994) ("Concrete Works il") (to confine data to strict geographic boundaries would ignore "economic reality"). 121. National Disparity Study Guidelines, p. 49. 54 0 2020 Colette Holt & Associates, All Rights Reserved.