49 C.F.R. § 23.9

What are the nondiscrimination and assurance requirements of this part for recipients?

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(a) As a recipient, you must meet the non-discrimination requirements provided in part 26, § 26.7 with respect to the award and performance of any concession agreement, management contract or subcontract, purchase or lease agreement, or other agreement covered by this subpart.

(b) You must also take all necessary and reasonable steps to ensure nondiscrimination in the award and administration of contracts and agreements covered by this part.

(c) You must include the following assurances in all concession agreements and management contracts you execute with any firm after April 21, 2005:

(1) “This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR part 23. The concessionaire or contractor agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR part 23.

(2) “The concessionaire or contractor agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR part 23, that it enters and cause those businesses to similarly include the statements in further agreements.”

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: MSP Small Bus. Concessions All. v. Metro. Airports Comm'n (D. Minnesota 2025).
MSP Small Bus. Concessions All. v. Metro. Airports Comm'n (D. Minnesota 2025). “¶ 19 (quoting 49 C.F.R. § 23.9 (a)). But MAC’s Policy allegedly targets ACDBEs, and MAC knew it would harm MSBCA and its members when it adopted the Policy.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.