MINORITY AND DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS IN PUBLIC CONTRACTING

This paper reviews the origins of the minority business enterprise (MBE) program arising from the equal employment opportunity (EEO) policy to its transformation into the current disadvantaged business enterprise (DBE) program as developed by the United States Department of Transportation (USDOT) from the Small Business Administration (SBA) DBE program. Some of the practical and legal issues confronting state transportation officials, as well as bidders, prime and subcontractors, federal administrators and civil rights officials involved in implementing the various programs, are examined. This requires an historical review of the origins of the regulatory implementation of affirmative action plans (AAPs) and the legislative authority for those plans. Also examined are the few Supreme Court decisions ruling on AAPs to discern what constitutional boundaries may or may not exist for determining the validity of an AAP, and the more numerous lower court decisions dealing more exclusively with AAP in construction contracts. Finally, some of the more specific legal issues concerned with certifications, awards, and appeals relating to the current USDOT DBE program mandated for federally assisted transportation projects are reviewed.

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• Supplemental Notes:
  • Page range: 1582-N1 through 1582-N62.
• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Authors:
  • Finch, O F
• Publication Date: 1988-6

Media Info

• Pagination: 62 p.
• Serial:
  • Selected Studies in Highway Law
  • Volume: 3
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Affirmative action; Contracts; Disadvantaged business enterprises; Discrimination; Highway law; Hiring policies; Legal factors; Minorities; Road construction; Specifications
• Uncontrolled Terms: Requirement
• Old TRIS Terms: Equal opportunity
• Subject Areas: Administration and Management; Highways; Law; I10: Economics and Administration;

Filing Info

• Accession Number: 00488271
• Record Type: Publication
• ISBN: 0-309-02434-X
• Report/Paper Numbers: Addendum 4
• Files: TRIS, TRB
• Created Date: Sep 30 1989 12:00AM