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Town releases procurement disparity study; consultants recommend outreach, data reform and possible sheltered‑market options
Summary
A consultant team presented a procurement disparity study to the Select Board finding statistical disparities by race and gender in certain contracting categories and recommending a package of outreach, paperwork reforms, tracking tools and — if the board wishes — a legally framed sheltered‑market approach under state law.
The Town of Brookline received a procurement disparity study presentation on March 5 from consultants and town finance staff that identified gaps in participation by minority‑ and women‑owned businesses and outlined options the town could adopt to increase equity in contracting.
Lincoln Heinemann, the town’s director of finance, introduced the report and said the study — done by Griffin & Strong and covering fiscal years 2018–2022 — examines procurement across categories including construction, architecture and engineering, professional services, goods and other services. Griffin & Strong and town staff said the Boston metropolitan region was analyzed because at least 75% of Brookline’s spend is sourced in that market.
Nut graf: The consultant reported a factual basis for disparities in some industry categories and presented a menu of remedies: strengthened outreach and vendor registration, paperwork streamlining, subcontractor tracking and compliance, contractor education, data and contract management systems, and, as a potential legal option under Massachusetts General Laws Chapter 30B §18, narrowly tailored sheltered‑market programs for disadvantaged businesses. The study recommends the town weigh race‑ and gender‑neutral measures first, while documenting the availability and utilization benchmarks needed if more targeted measures are adopted.
Key recommendations included campaigns to increase vendor registration; joint outreach with regional partners; review and simplification of paperwork that small firms find burdensome; piloting subcontractor‑tracking and compliance tools (or software) for large construction contracts; vendor education and mentorship; and continued use of construction-manager-at-risk procurement where it has improved certified‑firm participation.
Consultants said an “availability analysis” provides benchmarks showing what the marketplace could reasonably supply (the pool of willing and able firms), and these availability figures are the standard way to measure whether utilization aligns with market capacity. Select Board members asked how success would be measured; Griffin & Strong said the town should set measurable benchmarks (for example, moving utilization toward availability percentages by industry) and report annually.
Legal and practical caveats: presenters and town counsel noted recent U.S. Supreme Court decisions on race-conscious programs make careful legal framing essential. The consultants stressed that the disparity study establishes the factual predicate that would be required under Chapter 30B §18 for a sheltered‑market program, but any race‑and‑gender‑conscious measure must be narrowly tailored and defensible in current case law. Town staff said Town Meeting approval would be needed to implement a sheltered‑market program and that the town would continue to pursue the race‑and‑gender‑neutral recommendations regardless.
Next steps: staff and consultants said they will return with implementation options, recommended metrics and cost estimates for tools such as contract‑management software. The Select Board asked staff to prepare follow-up options for the summer or fall so the board can consider targets and resource needs.
Ending: The disparity study gives Brookline an analytic baseline to pursue multiple paths — from expanded outreach to more assertive contractor goals — and the town will return with options and estimated costs for board and Town Meeting consideration.
