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Constitutional Law Keyed to Barnett
Adarand Constructors v. Peña
Citation:515 U.S. 200 (1995)
In 1989, a subsidiary of the Department of Transportation (a federal agency) awarded a highway construction contract to the Mountain Gravel & Construction Company, which then solicited bids from subcontractors. Adarand Constructors submitted the lowest bid, but the contractor gave the contract to Gonzales Construction Company (who had submitted a higher bid). The Department of Transportation contract provided that the contractor would receive additional compensation if they hired a subcontractor from a minority group. The contractor later submitted a statement that they would have accepted Adarand Constructor’s bid, had it not been for the financial incentive awarded by the Department of Transportation.
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