49 C.F.R. § 26.43

Can recipients use set-asides or quotas as part of this program?

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) You are not permitted to use quotas for DBEs on DOT-assisted contracts subject to this part.

(b) You may not set-aside contracts for DBEs on DOT-assisted contracts subject to this part, except that, in limited and extreme circumstances, you may use set-asides when no other method could be reasonably expected to redress egregious instances of discrimination.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2003–2024 · leading case: Dunnet Bay Constr. Compan v. Erica J. Borggren, 799 F.3d 676 (7th Cir. 2015).

Sort: Relevance Newest Treatment

Dunnet Bay Constr. Compan v. Erica J. Borggren, 799 F.3d 676 (7th Cir. 2015). “More specifically, Dunnet Bay asserts that IDOT exceeded its authority by: (1) setting the Contract’s DBE participation goal'at 22% without the required analysis, (2) implementing a “no-waiver” policy, (3) preliminarily denying its goal modification request without assessing its…”

C.S. McCrossan Constr., Inc. v. Minnesota Dep't of Transp., 946 F. Supp. 2d 851 (D. Minnesota 2013). “49 C.F.R. § 26.43 (a). Instead, the recipient must ensure that the primary (main) contractor awarded a DOT-assisted contract has either (1) met the goal for DBE subcontractor participation or (2) if unsuccessful in doing so, has made a good-faith effort to achieve it.”

W. States Paving Co. v. Washington State Dep't of Transp., 407 F.3d 983 (9th Cir. 2005). · cites it 2× “49 C.F.R. § 26.43 (a). Moreover, where race-conscious contracting goals are used, prime contractors can meet that goal either by subcontracting the requisite amount of work to 5022 WESTERN STATES PAVING v.”

Sherbrooke Turf, Inc. v. Minnesota Dep't of Transp., 345 F.3d 964 (8th Cir. 2003). “” 49 C.F.R. § 26.43 (b). During the course of a year, if a State determines that it will exceed or fall short of its overall *972 goal, it must adjust its use of race-conscious and race-neutral methods “[t]o ensure that your DBE program continues to be narrowly tailored to…”

Mid-Am. Milling Co. v. U.S. Dep't of Transp. (E.D. Ky. 2024). “(citing 49 C.F.R. § 26.43 (a) (“You are not permitted to use quotas for DBEs on DOT-assisted contracts ….”

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.