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Tag: Small Business Act

October 01, 2016

When is a statutory reference to race a racial classification?

Rothe Development, a small contracting business located in Texas, submitted the lowest bid on a Defense Department contract.   But because the Small Business Act creates a preference for firms owned by socially or economically disadvantaged individuals, Rothe was not awarded the contract.  Rothe sued the Defense Department and the Small Business ...

October 30, 2015

Time to set aside government race-based set-aside contracts

PLF attorneys filed a brief in the United States Court of Appeals for the District of Columbia Circuit this week in Rothe Development, Inc. v. United States Department of Defense. In their brief, attorneys for PLF argue that the racial classification enacted in 1978 to set aside federal contracts under section 8(a) of the Small ...