Calif. Cracks 9th Circ. Scrutiny Of Contract Preferences

The Ninth Circuit upheld the California Department of Transportation’s Disadvantaged Business Enterprise Program, which implements a federal program to give more contracting opportunities to companies owned by women and minorities. State and Local Government Procurement Partner Keith Wiener represented BBC Research and Consulting, the company that performed the disparity study for Caltrans, and said that this case would be cited in ongoing cases because it provides a roadmap for other recipients of DOT funds who need to conduct disparity studies that will pass muster in court.

“It affirms the importance of participating in studies that evaluate whether or not discrimination exists in the transportation contracting industry,” Mr. Wiener said. “It is instructive to all recipients of billions of dollars in federal funds from the US DOT, Federal Aviation Administration, Federal Highway Administration and Federal Transit Administration, including every state DOT, transportation and transit authorities, airports, and local governments.” 

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