Affirmative Action in Antidiscrimination Law and Policy: An by William M. Leiter

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By William M. Leiter

Affirmative motion has been and remains to be the flashpoint of America’s civil rights schedule. but whereas the affirmative motion literature is voluminous, no finished account of its significant felony and public coverage dimensions exists. Samuel and William M. Leiter learn the starting place and progress of affirmative motion, its effect on American society, its present nation, and its destiny anti-discrimination function, if any. trained by means of numerous varied disciplines-law, background, economics, sociology, political technology, city reviews, and criminology-the textual content combines the proper felony fabrics with research and remark from numerous specialists. This even-handed presentation of the topic of affirmative motion is certain to be a priceless reduction to these trying to comprehend the issue’s many complexities.

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SDB shelters or rule-of-two set-asides: Contracting officers are authorized to limit bidding on a particular contract to small disadvantaged businesses (SDBs) if two or more such firms are potential bidders and the officer determines the prevailing bid will likely be within 10 percent of the fair market price. SDB 10 percent bid preferences: Whenever there is full and open competition and procurement is based on price factors alone, contracting officers nationally add 10 percent to the price of non-SDB bidders, and then award the contract on the basis of the revised bids.

Bid price preferences: Procurement reforms enacted by Congress last year [1994] authorize government-wide use of the 10 percent bid preference for SDBs which previously was a tool available primarily at DOD [Department of Defense] (the so-called “§1207 program”—see below). . These regulations could have a significant effect on procurement by SDBs in those agencies that do not use an effective set-aside scheme such as DOD’s “rule of two,” described below. Agency-Specific Efforts Department of Defense: In addition to participating in the goal-setting and § 8(a) efforts, DOD has two additional efforts, which are significant because DOD executes roughly two-thirds by amount of all federal prime contracts.

105 SBA accepts applicants’ “ ‘representation’ ” of economic disadvantage, absent contrary evidence. ’’106 Second, SBA’s inclusion decisions are not in keeping with objective socioeconomic data. Measured by the standard demographic indicators of businessformation rates, education, and income, some groups on the presumptiveeligibility list are at the socioeconomic bottom of our society, others at the top. Disparities of this kind and magnitude cannot be satisfactorily explained by any theory of discrimination or disadvantage.

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