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Feds' minority contracts in peril
My San Antonio ^ | 03/01/2009 12:00 CST | David Hendricks

Posted on 03/04/2009 1:52:11 PM PST by houeto

All aspects of federal contracting programs favoring minority-owned businesses have been turned upside down by an injunction issued by a judge in San Antonio.

(Excerpt) Read more at mysanantonio.com ...


TOPICS: Breaking News; Government; News/Current Events; US: Texas
KEYWORDS: contracts; lawsuit; minority; preferences; ruling
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To: icwhatudo
Actually, they've been taking advantage of them for years. That's my gripe. Here in Virginia there are lots of firms started by Indian-American, or Asian-American entrepeneurs, who were born and raised in Fairfax County.

But their racial heritage allows them to get contracts that were "set aside" for disadvantaged firms.

It's an Orwellian distinction. Who is disadvantaged? The minority firm that can bid on anything? Or my white-male-owned firm that is forbidden from bidding on lots of contracts?
61 posted on 03/05/2009 5:05:44 AM PST by atomicweeder
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To: Doctor Raoul

Yup, that is the law. And I’m over 10 yrs out of the game, but at least back then, the reality was quite different. Frankly, I’d be surprised if the reality has changed since then. BTW, it is not that hard to do a “majority” of the work in “quality control” and “review” of the sub’s work. In fact, that’s just another opportunity to pad the no competition bill.


62 posted on 03/05/2009 5:08:50 AM PST by piytar (Obama = Mugabe wannabe. Wake up America.)
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To: piytar
And I’m over 10 yrs out of the game

A former life for me too.

63 posted on 03/05/2009 5:21:53 AM PST by Doctor Raoul (New Obama Mantra, "Screw World Peace, I'll Buy You A Pony.")
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To: houeto

Hallaleujah!


64 posted on 03/05/2009 6:09:58 AM PST by 2harddrive (...House a TOTAL Loss.....)
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To: Doctor Raoul
DCAA wouldn’t handle market surveys or J&As

Ummmm, I was on the phone with a DCAA Auditor just yesterday justifying costing on a proposal we submitted, so I'd say that is not correct. They audit our proposal based on past market pricing and current labor classifications to insure the best value for the Government. In fact, the job description for a DCAA Financial Liaison Advisor specifically outlines that they perform market research and assist Source Selection Evaluation Boards in making award decisions.

As for your sole source comment, a company does not become a sole source without a market survey being done that justifies them as a sole source. That is done through Requests for Information and Sources Sought Announcements. Once it has been established that no other company can provide that particular service or that the company is the only one with the expertise to fulfill the requirement based on the responses of interested contractors (read: competitive technical and pricing information), only then they can be classified as a sole source. Classifying a company as a sole source without a clear Justification for Other Than Full and Open Competition based on a market survey is against contracting rules.

Furthermore, even when the Government issues a sole source solicitation, a notice of a proposed award using other than full and open competition must be published on the FBO website for 45 days to allow "interested parties to identify their interest and capabilities." So no, there is no such thing as a true sole source, they can't just hand contracts out willy-nilly to their favorite contractors.

65 posted on 03/05/2009 6:22:47 AM PST by ravingnutter
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To: wolfcreek

Black people, in particular, are being given vouchers in DC because black people, in particular, make up the overwhelming majority of students attending failing public schools in DC.


66 posted on 03/05/2009 6:29:59 AM PST by green iguana
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To: kcvl
DoD currently gives minorities a 10% pricing advantage over large businesses on competitive bids that are not set-asides. On set-asides, they do have to compete with other 8(a) businesses on any procurement over $25,000...if there are other companies with the capability to perform the work. As I told another poster, even sole source solicitations have to be posted on the FBO website for 45 days to allow other companies that may be interested to respond.
67 posted on 03/05/2009 6:34:31 AM PST by ravingnutter
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To: Myrddin
Many companies are "owned" by a token female minority.

That's always blown my mind. How can 51% of the population be a minority? Strange world indeed.

68 posted on 03/05/2009 6:39:44 AM PST by houeto (I see Obama voters...and it's changed my tipping habits.)
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To: Frantzie
Maybe we should file a BC case about the Kenyan-born marxist and hope this judge gets the case.

See post #27.

69 posted on 03/05/2009 6:43:56 AM PST by houeto (I see Obama voters...and it's changed my tipping habits.)
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To: RobFromGa; All

““The smallest minority on earth is the individual. Those who deny individual rights can’t claim to be defenders of minorities.” — Ayn Rand”

Great, great line!


70 posted on 03/05/2009 9:09:51 AM PST by quesney
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To: RobFromGa; All

““The smallest minority on earth is the individual. Those who deny individual rights can’t claim to be defenders of minorities.” — Ayn Rand”

Great, great line!


71 posted on 03/05/2009 9:24:24 AM PST by quesney
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To: houeto

Only good news I’ve seen in days.

I expect it will be overturned.


72 posted on 03/05/2009 4:48:34 PM PST by Sequoyah101 (Get the bats and light the hay)
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To: Sequoyah101
I expect it will be overturned.

They did not appeal the ruling, and for durn good reason.

73 posted on 03/05/2009 5:20:32 PM PST by houeto (I see Obama voters...and it's changed my tipping habits.)
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To: houeto

What good reason?

I sincerely want to know.


74 posted on 03/05/2009 5:28:58 PM PST by Sequoyah101 (Get the bats and light the hay)
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To: GeronL

wait until Obama issues a new rule. ONLY minorities will get contracts
_______
Then we get off our ass*s and keep the courts so busy they want to scream. Lawsuit after lawsuit.


75 posted on 03/05/2009 9:38:16 PM PST by mojitojoe ( Idiots elected a Marxist ideologue with narcissistic personality disorder & America is dying.)
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To: kcvl

kcvl wrote: “That happens with white female owned businesses too! The woman is just a front for the real owners.”

..... It gets better. The SBA 8A program also blesses a range of foreign immigrants as qualified for participation. Back in the 90s, Asian firms with deep pockets were sending over employees who they knew would qualify under 8A and bankrolling the establishment of 8A favored computer product dealerships in the USA. These firms not only received guaranteed set-aside business from the federal government for up to NINE years [if memory serves], but they were also eligible for SBA business loans at very attractive rates of interest. When nine years passed, they simply closed the company and opened up a new one.

It was both an open secret and an open joke in the business. The US government was, in effect, providing preferential business treatment to wealthy foreign competitors who understood how to game the system. I complained to both Kerry and Kennedy about this, but was met with complete indifference - they had no interest to look into the matter on any level whatsoever.


76 posted on 03/06/2009 4:45:38 AM PST by Senator John Blutarski (The progress of government: republic, democracy, technocracy, bureaucracy, plutocracy, kleptocracy,)
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To: graywaiter

graywaiter wrote:
He’s all but decreed that only union labor can be used for these upcoming infrastructure projects. Can’t wait to see the bids....they’re going to be hysterically high. Unions can not build anything cheaper than the private sector. That is why they require government protection to exist now days.

..... You are exactly correct. Here in the SSR of Massachusetts, projects MUST employ union labor only in order to be funded. MA has long been a “prevailing wage” state, but payment of union scale wages by non-union contractors now suddenly no longer qualifies them for participation.

This is causing hardship here for townships on Cape Cod, because there are hardly any local union firms available. Apparently the stimulus funds are meant only to stimulate the favored few.


77 posted on 03/06/2009 5:01:35 AM PST by Senator John Blutarski (The progress of government: republic, democracy, technocracy, bureaucracy, plutocracy, kleptocracy,)
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To: Senator John Blutarski
Actually I believe all this junk is fully intended to rebuild the unions. They have been decimated by right-to-work states. The states that aren't right-to-work have the highest cost of living, taxes, unemployment, single mothers, crime, etc...

Wonder why? Unions keep people equally poor, that's why, and that's the plan. Individual innovation is not allowed under any circumstances because the individual may just start thinking and taking care of themselves. It just sickens me to see unions forced on people.

78 posted on 03/06/2009 6:18:32 AM PST by graywaiter (You can't multiply wealth by dividing it.............Dr. Adrian Rogers)
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