Is 52.222-23 clause in jeopardy of being unconstitutional?
Started by Cowboy Contracting Officer · Sep 7, 2023 · 2 replies
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Cowboy Contracting Officer
Sep 7, 2023 · 2y ago
Is 52.222-23 clause in jeopardy of being unconstitutional? This is in response to the recent SCOTUS ruling that race-based affirmative action in college admissions violates the 14th Amendment and also the suspension of direct award 8a awards due to the U.S. District Court for the Eastern District of Tennessee holding the SBA's and U.S. Department of Agriculture's (USDA) use of a "rebuttable presumption" of social disadvantage for certain minority groups to qualify for inclusion in the SBA's 8 (a) Business Development Program (the 8 (a) Program) violates the Fifth Amendment's Due Process Clause.
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Don Mansfield
Sep 8, 2023 · 2y ago
I think we would need a case first. I'm not sure how one would come up, though. I guess DoL would have to attempt to enforce a penalty for not meeting a goal. Less likely, in my opinion, would be a protest of a solicitation for notifying offerors of the goals.
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Neil Roberts
Sep 8, 2023 · 2y ago
Offhand,my bent is that social and economically disadvantaged U.S.citizen(s) owner(s) of small business that would not qualify to be afforded the rebuttable presumption, could apply for the the 8(a) program benefits and/or a set aside work and be denied...