Jackson Free Press

Sen. John Horhn, D-Jackson, said the state has no means of determining adequate minority participation in public contracts.

"Historically women and minorities have not had much opportunity to participate in goods and services contracts that the state initiates, and that history appears to carry forth today. We're restoring some progress, but it's not enough, and we need to do more," Horhn told the Jackson Free Press.

Horhn co-chaired a joint legislative committee studying minority business participation in public contracts on Tuesday and Wednesday, and said that the state has no organized data on the number of minority contract holders and whether that number reflects the state's high population of minorities, including women.

Pam Confer, a minority business liaison with the city of Jackson who helps guide minorities through the meticulous process qualifying for city contract work, said state agencies appear to voluntarily include minorities in contract work.

"I got the feeling that there are efforts being taken across the state on the minimal level to assure minority participation, but the priorities of state government really determine where they're going to place any major effort," said Confer, who attended the Wednesday committee hearing. "That will have to be guided by legislation and policies if we really want these agencies to make a concerted effort toward these goals. There's a big difference between encouraging participation and mandating participation."

The Mississippi Department of Transportation delivered October numbers this week revealing a total of 11.6 percent minority participation in contracting opportunities, including highway construction contracts, and consulting and procurement services through its Disadvantaged Business Enterprise Program. Fifty one percent of businesses qualifying for the program have socially and economically disadvantaged owners, including women, African Americans, Hispanic Americans, and Native Americans among other minorities.

Horhn said any attempt to diversify state contracts is, so far, an unorganized and purely voluntary effort by individual administrations, and that the effort needs unification at the state level. But the Legislature, he added, cannot authorize new state laws mandating and regulating the process until lawmakers have solid figures on which to base them.

"Any new laws would have to withstand a legal test, and if you want to be able to withstand legal challenges you have to do a disparity study based on certain elements within the marketplace. If you do the study and you learn that you've got 100 architects in the state and 10 of them are African American or minority, then you have to tailor a program that allocates the utilization of those minorities," he said "You can't just say 'we're going to give you 25 percent of all the contracts' when you don't represent 25 of the number of architects."

Horhn said any new law, to be effective, would have to establish an administration to oversee minority participation: "Currently you have a couple of groups whose job is to assist minority business in getting certified and funding, but there is no assigned state advocate for minorities and women being included in the procurement picture," Horhn said.