Adarand Constructors, Inc. v. Pena
Adarand Constructors, Inc. v. Pena
Citation:
Adarand Constructors, Inc. v. Pena, 515 U.S. 200, 115 S. Ct. 2097, 132 L.Ed.2d 158 (1995)Facts
The federal government awarded a contract for a highway construction project funded by the United States Department of Transportation. Adarand, a contractor specializing in highway guardrail work, submitted the lowest bid as a subcontractor for part of the project, but another subcontractor, Gonzales Construction Company, was awarded the work. Under the terms of the federal contract, the prime contractor would receive additional compensation if it hired small businesses controlled by “socially and economically disadvantaged individuals,” specifying that “the contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, and other minorities….” It was certified as a minority business; Adarand was not. The prime contractor would have accepted Adarand’s bid had it not been for the additional payment for hiring Gonzales.
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