Code of Federal Regulations · Section

§ 26.43 — Can Recipients Use Set-asides Or Quotas As Part Of This Program?

49 C.F.R. § 26.43

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(a) You are not permitted to use quotas for DBEs on DOT-assisted contracts subject to this part.

(b) You may not set-aside contracts for DBEs on DOT-assisted contracts subject to this part, except that, in limited and extreme circumstances, you may use set-asides when no other method could be reasonably expected to redress egregious instances of discrimination.

49 C.F.R. § 26.41 49 C.F.R. § 26.45

Authorizing Statute

Minority and disadvantaged business participation
49 U.S.C. § 47113
Participation by small business enterprises
23 U.S.C. § 304
Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin
42 U.S.C. § 2000d
Definitions and declaration of policy
23 U.S.C. § 101