Module 5 · Methodology & legal framework
How it was built, and where the line is
This page is the honesty layer. It explains the index in plain language, names every source, states the limits of public data, and sets out the constitutional standard a defensible disparity study must meet.
The disparity index in plain language
The disparity index divides utilization by availability. Availability is a group's share of the firms in the market. Utilization is that group's share of the dollars spent. If a group is 30% of firms and wins 30% of dollars, the index is 1.0, parity.
An index of 0.50 means a group wins half the work its presence in the market would predict. Across disparity studies, an index below 0.80 is treated as substantial underutilization, the same threshold used here.
Industry-cluster crosswalk
Procurement-relevant clusters are built from 2-digit NAICS sectors so availability and the spend picture line up.
| Construction | NAICS 23 |
| Professional & Technical Services | NAICS 54 |
| Information Technology | NAICS 51 |
| Goods & Commodities | NAICS 31-33, 42, 44-45 |
| Other Services | NAICS 56, 81, 48-49 |
Provenance
Every figure traces to a public source
These are the datasets behind the portal, each retrieved and cached to static JSON at build time. No government endpoint is called at runtime.
U.S. Census Annual Business Survey (ABS), Company Summary 2022
2026-06-16Employer-firm counts by owner sex, ethnicity, race, and veteran status, cross-tabbed by 2022 NAICS sector and geography. Reference year 2022, released Dec 2024.
www2.census.gov/programs-surveys/abs/data/2022/AB220U.S. Census Annual Business Survey (ABS), Company Summary 2017
2026-06-16Employer-firm counts by owner demographics for the 2017→2022 trend baseline.
www2.census.gov/programs-surveys/abs/data/2017/ABSCSFairfax County FY23 SWaM Report
2026-06-16County + FCPS purchase-order spend by supplier size and ownership; the County's own published utilization figures. Excludes P-card and non-PO spend (incl. capital construction). DPMM, updated Dec 2023.
www.fairfaxcounty.gov/procurement/sites/procurement/Virginia eVA Procurement Data 2024
2026-06-16Statewide purchase-order line items with NIGP category, line total, and self-reported SWaM flags. Used for industry-cluster spend distribution. Fairfax routes most spend outside eVA, so eVA is a Commonwealth-level signal, not a Fairfax utilization source.
data.virginia.gov/dataset/eva-procurement-data-2024Fairfax County RFP 2000004217, Procurement Disparity Study
2026-06-16Solicitation framing the relevant geographic market area, legal standard, and deliverables this preliminary analysis anticipates.
www.fairfaxcounty.gov/procurement/U.S. Census cartographic county boundaries (us-atlas / TIGER)
2026-06-16County polygons for the RGMA choropleth, trimmed to WAA component jurisdictions.
cdn.jsdelivr.net/npm/us-atlas@3/counties-10m.jsonGoverning legal framework
What a constitutionally defensible study must satisfy
Race-conscious public contracting measures face strict scrutiny. A jurisdiction must show a strong basis in evidence of identified discrimination in its own market, typically a disparity study, and must narrowly tailor any remedy. A statistical gap is the starting point, not the conclusion.
The Fourth Circuit, which governs Virginia, upheld race-conscious measures only for groups where the evidence showed statistically significant disparities, and struck them down where it did not. Findings must be group-specific and evidence-led.
A preliminary index from public data cannot meet this bar. It can show where to look. A defensible study pairs availability and utilization with statistical significance testing, anecdotal evidence, and narrowly tailored, group-specific recommendations.
- It uses an equal-weight public firm count, not a capacity- and willingness-adjusted availability survey.
- Utilization is the County's PO summary, which excludes P-card, non-PO, and capital-construction spend, and is not broken out by contract or category.
- It sees prime-level spend only. Subcontractor participation is invisible to public data.
- It has no bid or lost-contract data, so it cannot separate a supply gap from a selection gap.
- It applies no statistical significance test and carries no anecdotal record.
- The group-by-cluster matrix assumes uniform utilization across clusters, which a full study removes.
The honest upgrade path
What the full study adds that public data cannot
This is both the limit of this portal and the work House Strategies Group would contribute to a study team.