(a) As a recipient, you must consult with stakeholders before submitting your overall goals to FAA.
(b) Stakeholders with whom you must consult include, but are not limited to, business groups, community organizations, trade associations representing concessionaires currently located at the airport, as well as existing concessionaires themselves, and other officials or organizations that could be expected to have information concerning the availability of disadvantaged businesses and the recipient's efforts to increase participation of ACDBEs.
(c) The requirements of this section do not apply if no new concession opportunities will become available during the goal period. However, recipients must take appropriate outreach steps to encourage available ACDBEs to participate as concessionaires whenever there is a concession opportunity.
[70 FR 14508, Mar. 22, 2005, as amended at 89 FR 24961, Apr. 9, 2024; 90 FR 47978, Oct. 3, 2025]
Notes of Decisions
Transworld Prods. Co., Inc. v. Canteen Corp., 908 F. Supp. 1 (D.D.C. 1995).
· cites it 3× “49 C.F.R. § 23.43 (b). Grant recipients are required to establish overall goals for minority contracting for a specified period of time and goals on each specific prime contract with subcontracting possibilities.”
Rex Paving Corp. v. White, 139 A.D.2d 176 (N.Y. App. Div. 1988).
“41 [a]), although the regulations allow flexibility in the actual percentage of each contract let to DBEs and allow a waiver if the contractor acts in good faith to satisfy the program goal (49 CFR 23.43 [d] [2]; 23.45 [h]). As the recipient of some $500 million annually, the…”
Jones v. Niagara Frontier Transp. Auth., 524 F. Supp. 233 (W.D.N.Y. 1981).
“Under 49 C.F.R. § 23.43 (i) there are procedures to ensure that bidders who meet the MBE contract goal in their bids obtain the contract if the bid is reasonable.”
Michigan Road Builders Ass'n, Inc. v. Blanchard, 761 F. Supp. 1303 (W.D. Mich. 1991).
“” 49 C.F.R. § 23.43 (a)(2). Discrimination based upon race, color, national origin, or sex, in connection with the award and performance of any federal contract under STURAA is prohibited.”
Indianapolis Minority Contractors Ass'n v. Wiley, 187 F.3d 743 (7th Cir. 1999).
“See 49 C.F.R. §§ 23.43 , 23.45. The regulations further specify, for example, the manner in which states must calculate minority participation, requirements for record keeping, the eligibility standards that states must apply to applicants for DBE status, and the procedures that…”
Subway Newsdealers Corp. v. Metro. Transp. Auth., 563 F. Supp. 319 (S.D.N.Y. 1983).
“See 49 C.F.R. § 23.43 . The likelihood that Newsdealers will succeed on the merits in showing that Newsdealers is enti *321 tied to the master license must be considered low, since its competitor for the license is also an MBE, and the regulations do not provide a basis for this…”
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