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Equal Protection

Are More Constitutional Challenges to State DBE Contracting Programs On the Way?

February 24, 2016 By Andrew Howard

An Illinois construction company is petitioning the U.S. Supreme Court to decide whether it has standing to challenge as unconstitutional a state’s implementation of a disadvantaged business enterprise (DBE) participation goal in connection with a road project. If sustained, the company’s challenge would have far-reaching implications, including opening the door for other disappointed bidders to prosecute constitutional challenges to states’ implementation of mandatory disadvantaged business contracting programs. In 2009, the Illinois Department of Transportation (IDOT) sought bids for [...]Read more

Filed Under: Bid Protests & Public Contract Award-Related Representations, Public Construction, Public Contract Litigation Tagged With: Construction Contracts, Disadvantaged Business Enterprise (DBE), Dunnet Bay Construction Company, Equal Protection, Illinois Department of Transportation (IDOT), Injunctive Relief, Seventh Circuit Court of Appeals, U.S. Supreme Court

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This blog is a service of Alston & Bird’s Government Contracts team and provides insights on cases, rules, trends, and latest developments in local, state, and federal government contracting. Our attorney observations include analysis of investigations, litigation, protests and issues affecting present or prospective prime contractors, subcontractors, and grant recipients across various industries.

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