New Model Legislation: Ending Race-Based Government Contracting

A blueprint for abolishing racial preferences in government contracts, procurements, and awards

New York, NY – The federal government spends more than $600 billion each year on contracts, often awarded not on merit but based on the color of contractors’ skin. This amounts to supporting racial favoritism at taxpayers’ expense; studies show that these preferences significantly add to costs and increase delays on infrastructure and other government projects. In new model legislation, Manhattan Institute senior fellow and director of research Judge Glock offers a blueprint to end such discriminatory practices and help the government issue contracts that will save taxpayers money while delivering results efficiently.

The Supreme Court’s recent ruling in Students for Fair Admissions v. Harvard requires an end to racial preferences in school admissions, but its logic applies to federal contracting as well. A federal district court ruling in Tennessee recently cited it in halting the Small Business Administration from employing race-based contracting preferences. Congressional action can go further to ensure an end to the use of racial preferences in federal contracting, and also clarify what requirements can and cannot be used to choose grant and contract recipients. 

Glock’s recent writing on this topic elucidates a path forward for government contracting policies that do not discriminate based on race:

• Wall Street Journal: Affirmative Action in Contracting Faces Legal Peril
• City Journal: Welcome to the World of Minority Contracting

Read the model legislation here.