For years, many people across the St. Louis architecture, engineering and construction industry have worked to create a more equitable marketplace—one in which qualified minority- and women-owned firms have a fair opportunity to compete, grow and lead.
Recent legal challenges, federal policy changes and local administrative decisions have created understandable uncertainty. Some organizations have become quieter about diversity, equity and inclusion. Others are reconsidering the language they use, the programs they maintain and the methods through which participation goals are established.
But quieter does not mean the need has disappeared.
The question facing our industry is no longer simply, “Do we still support inclusion?” It is: How do we continue advancing opportunity in a changing legal and procurement environment?
In St. Louis, the emerging answer is more localized, more project-specific and increasingly grounded in documented market data.
One Region, Different Procurement Environments
AEC firms should not assume that one inclusion policy applies throughout the St. Louis metropolitan area. The City of St. Louis, St. Louis County, state agencies, federal programs and private institutions may each operate under different requirements.
City of St. Louis: The Program Has Resumed
After temporarily pausing portions of its Minority- and Women-Owned Business Enterprise program in August 2025, the City resumed M/WBE certification and contracting activity through Mayor Cara Spencer’s Executive Order 91.
The executive order directed the St. Louis Development Corporation and City departments to establish M/WBE subcontracting goals on a contract-by-contract basis, using findings from the City’s 2024 Disparity Study and the availability of qualified firms within the relevant work categories.
This is an important distinction. The familiar 25% MBE and 5% WBE benchmarks remain part of earlier City frameworks and continue to appear in some development requirements, but Executive Order 91 does not simply apply one flat percentage to every new City contract. Firms must review the requirements established for the individual solicitation.
Ordinance 72161 subsequently extended the City’s M/WBE program through December 31, 2026, providing additional time for stakeholders and City leaders to develop the next legislative framework.
For the AEC community, the practical message is clear: The City’s program is active, but compliance must be evaluated one project at a time.
St. Louis County: Uncertainty Remains
The County’s situation is more complicated.
County Executive Sam Page’s administration has taken the position that the County’s M/WBE ordinance reached its sunset date in May 2026 and must be reestablished through County Council legislation. Some Council members dispute that interpretation, arguing that the ordinance’s 2022 repeal and reenactment may have restarted the sunset period.
That disagreement has created uncertainty rather than a simple, settled conclusion that the program no longer exists. The County’s website also continues to describe M/WBE monitoring, goal achievement, good-faith efforts and workforce utilization as active program functions.
The County’s 2024 Disparity Study adds urgency to the discussion. According to information presented to the County Council, M/WBE firms represented approximately 44% of available businesses for contracts covered by the study but received roughly 17% of the associated contract dollars. On contracts where the program did not apply, their share reportedly fell to approximately 5%.
Until the legal and legislative questions are resolved, firms should review each County solicitation carefully and seek written clarification when participation or reporting requirements are unclear.
The Shift Away From One-Size-Fits-All Goals
The most significant operational change is the move toward narrowly tailored, project-specific goals.
Under the City’s framework, officials consider the scope of a contract and the availability of certified firms capable of performing the relevant work. An electrical engineering contract, roofing package, civil infrastructure project and vertical building project may therefore carry very different participation expectations.
This approach is intended to connect goals to actual marketplace conditions and the disparities documented within specific industries.
For owners and procurement teams, this means inclusion planning must begin before an RFP is released. The organization needs to understand the project’s work categories, available firms and applicable legal requirements.
For prime consultants and contractors, it means past experience is no substitute for reading the current solicitation. A participation plan that worked on one project may not satisfy the requirements of another.
For M/WBE firms, certification, service classifications and directory information become even more important. If a qualified firm is missing from the certification database—or listed under incomplete or inaccurate work categories—it may not be counted when agencies measure availability.
The Private and Institutional Market Still Matters
Public policy may establish minimum requirements, but owners do not need to view compliance as the ceiling of their commitment.
Private developers, nonprofit organizations, healthcare systems, universities and corporations can continue expanding access through supplier outreach, transparent procurement, mentorship, joint ventures, prompt-payment practices, capacity building and inclusive bid lists—provided their programs are structured appropriately and reviewed by legal counsel.
Cortex offers a visible local example. Its published construction requirements reference 25% MBE and 5% WBE participation goals, along with workforce goals of 25% minority labor hours, 5% women labor hours, 20% City-resident labor hours and 15% apprentice labor hours for qualifying projects. These requirements are connected to applicable City ordinances and development obligations, rather than operating entirely apart from government policy.
The broader lesson is that inclusion is not limited to subcontracting percentages. Owners can also examine:
- Who is invited to compete
- Whether large packages can reasonably be unbundled
- Whether smaller firms receive adequate notice and project information
- How quickly subcontractors and consultants are paid
- Whether emerging firms have access to bonding, financing and technical assistance
- Who performs the work and gains experience on the jobsite
- Whether diverse firms are repeatedly confined to minor roles or given opportunities to lead
The Growing Role of Race-Neutral Measures
As public agencies respond to legal scrutiny, many are giving greater attention to measures that expand competition without relying exclusively on race- or gender-conscious classifications.
These strategies can include:
- Small Business Enterprise and Local Business Enterprise participation
- Breaking large contracts into competitively viable packages
- Simplifying prequalification requirements when appropriate
- Improving forecasts of upcoming contracting opportunities
- Offering technical assistance and procurement education
- Strengthening prompt-payment enforcement
- Expanding access to bonding and working capital
- Encouraging mentor-protégé and joint-venture relationships
- Tracking participation, awards and actual dollars paid
These measures are not replacements for every legally supported M/WBE program. They are additional tools that can remove structural barriers and help more qualified firms compete successfully.
What AEC Organizations Should Do Now
Owners and institutional buyers: Review procurement policies with legal counsel, use current availability data and begin inclusion planning during project development—not after the RFP is issued.
Prime contractors and consultants: Read every solicitation carefully. Confirm the applicable goals, documentation, reporting procedures and good-faith-effort requirements rather than assuming the standards are the same as the previous project.
M/WBE firms: Keep certifications, contact information and work classifications current. Make sure procurement officials and prime firms can accurately identify what your company is qualified and prepared to perform.
All industry organizations: Continue building meaningful relationships before a bid opportunity is released. Inclusion is weakened when outreach begins only after the project team is already established.
What Now?
The language surrounding DEI may be changing. The legal structure of public contracting may continue to evolve. Programs may be revised, renamed or more narrowly designed.
But the underlying challenge remains: qualified businesses do not always receive equal access to information, relationships, capital, experience and contracting opportunities.
For SLC3, Equity Empowerment remains one of our four central pillars because a strong regional construction economy should create room for capable firms to enter, compete, grow and lead.
The next chapter will require more precision, better data, closer attention to individual solicitations and stronger accountability. It will also require courage. After years of progress, uncertainty cannot become an excuse to step away from the work.
Equity is not merely a percentage written into a contract. It is the ongoing work of making opportunity visible, competition accessible and participation meaningful.
This article is intended for industry education and does not constitute legal advice. Requirements should be confirmed with the issuing agency and qualified legal counsel for each solicitation.
By: Kelly Jackson
