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FAR

RIN: 9000-AM05

Publication ID: Fall 2010

Title: ●FAR Case 2009-016, Constitutionality of Federal Contracting Programs for Minority-Owned and other Small Businesses
Abstract: This rule implements the decision of the Rothe case. The Rothe case concerns the constitutionality of 10 USC 2323, section 1207 as enacted in 2006, that sets a 5 percent goal of DOD contracting dollars to small businesses, incorporating minorities and the award of contracts to SDBs at prices up to 10 percent above the fair market price. The Rothe case found that section 1207 is "facially unconstitutional" and impacts not only SDBs but certain institutions of higher learning (i.e., HBCUs/MIs).
Agency: DOD/GSA/NASA (FAR)(FAR)	Priority: Substantive, Nonsignificant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: Undetermined	Unfunded Mandates: No
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Not Yet Determined

Legal Deadline:  None

Timetable: Action Date FR Cite Interim Final Rule  06/00/2011

Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: Undetermined
Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Karlos Morgan Procurement Analyst DOD/GSA/NASA (FAR) 1800 F Street, NW., Washington, DC 20405 Phone:202 501-2364 Email: karlos.morgan@gsa.gov