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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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Good News!
1 posted on 03/04/2009 1:52:12 PM PST by houeto
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To: houeto

Very Good news.


2 posted on 03/04/2009 1:57:53 PM PST by txnativegop (God Bless America! (NRA-Endowment))
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To: houeto

Indeed. The Republicans ignore a great opportunity when they often play the same games of dividing people by race that the Democrats do. The Democrats often treat people as being defined by their skin color, whether that means having “blacks for Obama” and “hispanics for Obama” groups, or by supporting the hiring of less qualified candidates on the basis of skin tone. It should be so easy to fight them on the issue, but it’s rarely done.


3 posted on 03/04/2009 1:59:06 PM PST by kc8ukw
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To: houeto

Isn’t it funny that as soon as Asians start taking advantage of “minority set asides” that magically these set aside are ruled racist and need to be “re-worked”-LOL

Why don’t they just say “Blacks and Hispanics only” and quit playing this stupid game.


4 posted on 03/04/2009 2:00:01 PM PST by icwhatudo
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To: houeto

Let ‘em work for it.


5 posted on 03/04/2009 2:00:22 PM PST by A_Former_Democrat
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To: houeto

BTW-I hope this stays in breaking news-This is big!!!


6 posted on 03/04/2009 2:01:14 PM PST by icwhatudo
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To: houeto; Issaquahking; DoughtyOne; Clintonfatigued; pissant; All

NICE!

“The admission opens the door for contractors to legally contest lucrative federal procurement, services and construction contracts granted to minority contractors under preference programs across the nation, including many contracts already in existence.

“That means those programs are also unconstitutional,” Barton said.....

Thousands of minority-owned companies across the nation seek 8(a) certification from the SBA, which allows them to win procurement contracts from all federal agencies on a preferential basis, often without facing competitive bids.”


7 posted on 03/04/2009 2:01:27 PM PST by AuntB (The right to vote in America: Blacks 1870; Women 1920; Native Americans 1925; Foreigners 2008)
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To: A_Former_Democrat

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


8 posted on 03/04/2009 2:03:00 PM PST by RobFromGa (I want to panic but I'm too confused...)
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To: icwhatudo
This is big!!!

It is in breaking. What's even more amazing to me is that they decided not to appeal!

9 posted on 03/04/2009 2:03:27 PM PST by houeto (I see Obama voters...and it's changed my tipping habits.)
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To: txnativegop

wait until Obama issues a new rule. ONLY minorities will get contracts


10 posted on 03/04/2009 2:06:38 PM PST by GeronL (Will bankrupting America lead to socialism?)
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To: ravingnutter; All

Thanks to ravingnutter for this link.


11 posted on 03/04/2009 2:07:06 PM PST by houeto (I see Obama voters...and it's changed my tipping habits.)
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To: GeronL

yep, that’s what I was thinking too.


12 posted on 03/04/2009 2:07:36 PM PST by txnativegop (God Bless America! (NRA-Endowment))
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To: AuntB; houeto

Notwithstanding that neo national socalist Ba’racks pledge to reconsider such no-bid contracts; When one considers the political bent of Ba’racks AG Holder the suspicion is Holder will vigorously defend such graft.


13 posted on 03/04/2009 2:08:43 PM PST by TeleStraightShooter (Barack Hugo Obama - has he ever criticized Hugo Chavez?)
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To: houeto

How can such programs be considered anything but discriminatory?


14 posted on 03/04/2009 2:11:56 PM PST by KansasGirl
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To: houeto

Rush was talking about something similar where Blacks, in particular, were given vouchers to attended private schools in Washington DC.
(including the same private school where Barry’s kids attend)

The Dims are covertly taking these away.


15 posted on 03/04/2009 2:13:11 PM PST by wolfcreek (There is no 2 party system only arrogant Pols and their handlers)
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To: houeto

Since this is supposed to be America this is good news.
The best people with the best deal get the job. PERIOD.
I thought the liberals liked fair? Course that was never true unless it benefitted them or one of their sacred cows...


16 posted on 03/04/2009 2:15:00 PM PST by SECURE AMERICA (Coming to You From the Front Lines of Occupied America)
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To: icwhatudo

Good point, but it goes one step beyond that. What’s happening here is that — as I predicted a couple of years ago after listening to Bill Cosby’s shocking statements at the NAACP convention (basically it was a scathing rebuke of “black culture” in the U.S.) — the whole notion of preferential treatment for “minorities” is being called into question now that Hispanics outnumber African-Americans as the largest minority group in the U.S.


17 posted on 03/04/2009 2:16:16 PM PST by Alberta's Child (I'm out on the outskirts of nowhere . . . with ghosts on my trail, chasing me there.)
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To: houeto

Excellent!


18 posted on 03/04/2009 2:17:34 PM PST by 1035rep ("The problem with socialism is that you eventually run out of other people's money.")
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To: houeto
Many companies are "owned" by a token female minority. It extends special "status" to those businesses over other competitors. It's usually a sham. I'm familiar with two businesses where it is absolutely a sham.
19 posted on 03/04/2009 2:18:20 PM PST by Myrddin
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To: AuntB

Back in the 80’s when I sold electrical supplies one of my customers was a VA hospital. The purchasing agent told me she was required to spend a certain percentage each month on minority contracts. She had found a black owned place in Austin, Texas that only sold light bulbs. And that’s where she shopped for all the light bulbs at the hospital. We called them “lamps” in the business.


20 posted on 03/04/2009 2:21:42 PM PST by Terry Mross (I Hate All Politicians, Republicans Included.)
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To: Myrddin

Yep - I know of one company that does it as well. My friend has his mother as the “owner”. of the company.


21 posted on 03/04/2009 2:21:47 PM PST by GOPsterinMA ("The Dark Side of the Force is a pathway to many abilities some consider to be unnatural.")
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To: AuntB; All
allows them to win procurement contracts from all federal agencies on a preferential basis, often without facing competitive bids.”...

What was it we heard ad nauseum from MSM about no bid contracts for the Iraq Battle?

Seems these gimme programs are just fine for a certain subset of citizens, but not for others. No surprise here.

22 posted on 03/04/2009 2:22:36 PM PST by Islander7 (If you want to anger conservatives, lie to them. If you want to anger liberals, tell them the truth.)
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To: houeto

Very good. However, with a wave of the wand “The Divine One” shall ensure that minority firms are given the right of first refusal on all bids for governmental work. (See Reich)


23 posted on 03/04/2009 2:24:38 PM PST by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: houeto

Thanks for posting the thread...I’ve been too busy most of the time lately to do anything other than quick responses while I am waiting on my printer, LOL! I sure hope this opens up some opportunities for our company, we do RDT&E for the USAF and pickings have been mighty slim lately since our area was hit by BRAC.


24 posted on 03/04/2009 2:36:11 PM PST by ravingnutter
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To: houeto

Heard today Obama is going to review and make necessary changes on the way federal contracts are awarded. Here comes Rieches, white skilled construction workers need not apply. Watch with no surprize or amazement


25 posted on 03/04/2009 2:40:10 PM PST by ronnie raygun
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To: Islander7
As I posted on another thread:

There is no such thing as a DoD no-bid contract over the simplified acquisition threshold (SAT) of $25,000. By law, all proposed acquisitions that exceed the threshold are to be published on the Federal Business Opportunities (FBO) website for public review, comment and bidding opportunity.

There are sole source contracts, which were originally published for competitive bid as required by law and the subsequent market research proved there is no other qualified supplier for that particular item or service. There are follow on contracts for production, sometimes also classified as sole source, for items that were originally prototyped under RDT&E by a particular company under a competitive bid contract.

Bottom line...ALL contracts in excess of the SAT were originally awarded under a competitive bidding process. What comes of that process determines how that contract is handled in the future.

What really hacks me off is when the left spouts off about Halliburton getting no bid contracts when they competitively bid with several other companies on the LOGCAP procurement in 2001. LOGCAP was a multi-year ID/IQ supercontract under which task orders were issued for emergency services. These task orders are what they are referring to as "no bid" and that is just flat out a false statement. More info:

Halliburton: The Bush/Iraq Scandal that Wasn’t

26 posted on 03/04/2009 2:40:28 PM PST by ravingnutter
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To: houeto
The U.S. District Court in San Antonio three times ruled against Rothe Development, but each time the district court ruling was overturned by the federal appeals court in Washington.

The appeals court said the discrimination statistical data used by Congress to justify minority contracting was insufficient. On Nov. 4, it ordered Rodriguez to issue a final judgment and injunction.

Looks like the Federal Court of Appeals was fed up with the US District Court Judge.

27 posted on 03/04/2009 2:42:09 PM PST by SeaHawkFan
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To: GOPsterinMA
Yep - I know of one company that does it as well. My friend has his mother as the “owner”. of the company.

What's to stop a white guy say he is an African-American? I mean Eric Holder looks a lot more white than some of my relatives. Is there a process to "verify blackness"?

28 posted on 03/04/2009 2:47:33 PM PST by FreepShop1 (www.FreepShop.com)
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To: houeto

hooray for the Hispanic judge who did not give in to race baiting!


29 posted on 03/04/2009 2:49:41 PM PST by Buckeye McFrog
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To: ravingnutter
Bottom line...ALL contracts in excess of the SAT were originally awarded under a competitive bidding process.

There are exemptions from competition, even on the first award.

Urgency, secrecy are two reasons.

30 posted on 03/04/2009 2:50:07 PM PST by Doctor Raoul (New Obama Mantra, "Screw World Peace, I'll Buy You A Pony.")
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To: houeto

Who would have thunk that the Government was acting unconstitutionally? /sarc


31 posted on 03/04/2009 2:53:57 PM PST by Danae (Amerikan Unity My Ass)
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To: Terry Mross

My own V.A. story - I had to get bids for window cleaning at my hospital. Because of the cost and simple nature of the job I couldn’t justify getting a particular firm with a very good reputation to do the job. The job went to the lowest bidder who showed up for work without ladders or any supplies which we had to furnish. True story.


32 posted on 03/04/2009 2:59:36 PM PST by whatshotandwhatsnot
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To: Alberta's Child

It’s not about minor-ityes, it’s about being in a group that was formerly abused by SLAVERY~!


33 posted on 03/04/2009 3:03:25 PM PST by ichabod1 (I am rolling over in my grave and I am not even dead yet (GOP Poet))
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To: icwhatudo

Maybe we should file a BC case about the Kenyan-born marxist and hope this judge gets the case. Maybe there are a few honest judges left.


34 posted on 03/04/2009 3:04:36 PM PST by Frantzie (Boycott GE - they own NBC, MSNBC, CNBC & Universal. Boycott Disney - they own ABC)
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To: FreepShop1

No there is not. I don’t think Holder could “pass.” Pretty close, but no cigar. If you have the nads to claim blackness, more power to you, but I’ve always chickened out.


35 posted on 03/04/2009 3:05:15 PM PST by ichabod1 (I am rolling over in my grave and I am not even dead yet (GOP Poet))
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To: Doctor Raoul
That is the reason ID/IQ “supercontracts” such as LOGCAP were designed, as a kind of umbrella under which task orders for different projects can be issued in that company's area of expertise...but those were all competitively bid to begin with. LOGCAP, in fact, was designed to cover "emergencies" such as natural disasters and terrorism. I know, I have worked under one of those types of contracts for the last 23 years (RDT&E), although we have to rebid every 5 years on ours. All award decisions are still based on market research and justification for any sole source procurement over $25,000 is scrutinized very carefully. Believe me, DCAA Auditors are very thorough, you don't want to get cross-ways with one.
36 posted on 03/04/2009 3:08:59 PM PST by ravingnutter
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To: houeto
Good News!

"Not so fast" Robert Reich says.

Video Robert Reich on Obamas job stimulus plan hiring

37 posted on 03/04/2009 3:13:29 PM PST by topfile
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To: topfile
The government has a policy to discriminate against White people:

No White Male Construction Workers

38 posted on 03/04/2009 3:17:49 PM PST by blam
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To: RobFromGa

perfect.


39 posted on 03/04/2009 3:30:51 PM PST by bill1952 (Power is an illusion created between those with power - and those without)
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To: FreepShop1

That’s a great point!

I guess DNA testing could be done to determine a person’s ethnicity.


40 posted on 03/04/2009 3:53:15 PM PST by GOPsterinMA ("The Dark Side of the Force is a pathway to many abilities some consider to be unnatural.")
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To: houeto

Let’s hope it sticks!


41 posted on 03/04/2009 4:19:09 PM PST by LayoutGuru2 (Know the difference between honoring diversity and honoring perversity? No? You must be a liberal!)
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To: ravingnutter

That’s not the point I was contesting. You said (hate to use that phrase) that the first award was always competitive. That’s not true. There are about ten exemptions where any award can be non-competitive.

I do understand that LOGCAP was a competative award. The libs and freaks lied about the award of task orders issued under the original competitive contract, acting as if they new non-competitive contracts which they were not.

DCAA wouldn’t handle market surveys or J&As. Your government customer (user agency) would do that for the contracting officer.


42 posted on 03/04/2009 4:30:51 PM PST by Doctor Raoul (New Obama Mantra, "Screw World Peace, I'll Buy You A Pony.")
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To: houeto

Thousands of minority-owned companies across the nation seek 8(a) certification from the SBA, which allows them to win procurement contracts from all federal agencies on a preferential basis, often without facing competitive bids.

The minority contracting program administered by the Transportation Department, which gives preferences for street and bridge construction to minority firms, also can be contested by other contractors, forcing the transportation agency to re-bid contracts on an open, non-race basis.

*******

Why were they ever rewarded in the first place? I thought we were all supposed to be EQUAL!!!

I don’t think I want to be lectured by liberals any longer about race, thank you very much!


43 posted on 03/04/2009 4:31:29 PM PST by kcvl
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To: Myrddin
Many companies are "owned" by a token female minority. It extends special "status" to those businesses over other competitors. It's usually a sham. I'm familiar with two businesses where it is absolutely a sham.

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

44 posted on 03/04/2009 4:34:05 PM PST by kcvl
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To: houeto

These “minority” contracts really do need to be terminated. My experience is only in the transportation industry. Very often - in fact most of the time - the contracts will be given to a minority owned “business” that promptly farms them out as a sub to some non-minority owned business who was barred from bidding on the contracts. The minority owned “business” takes a healthy cut off the top, of course, while doing zero work. It is quite a lucrative scam.


45 posted on 03/04/2009 4:50:23 PM PST by piytar (Obama = Mugabe wannabe. Wake up America.)
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To: kcvl

We are all equal. Some are just more equal than others. Ref Animal Farm and sadly the US and most (all?) state governments...


46 posted on 03/04/2009 4:57:38 PM PST by piytar (Obama = Mugabe wannabe. Wake up America.)
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To: piytar

Forgot to mention that the non-minority owned businesses who get the sub-contracts have no problem with this because the minority owned ones charge such a premium on the contracts (due to limited competition) that there is plenty of premium to spread around...


47 posted on 03/04/2009 5:02:47 PM PST by piytar (Obama = Mugabe wannabe. Wake up America.)
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To: AuntB

Sounds like good news to me. This puts a hitch in the get-along to programs that allow prejudicial bid selection against non-minority owned businesses.


48 posted on 03/04/2009 5:41:19 PM PST by DoughtyOne (Resolved: Gregg, McCain, Snowe, Spectre: 2010, Collins, Graham: 2014)
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To: kcvl

My recall was 8(a)s get “set asides” non-competitive awards. SBA has to “certify” you as minority owned.

Minority Owned Business can have competitive procurements bidders restricted to MOBs only. MOBs are “self-certifying” but competitirs can easily challenge your MOB status.

Women Owned Businesses have no such advantage other than procurement shops have goals to meet but there’s no set asides or restricted competitions they can use to meet those goals.


49 posted on 03/04/2009 6:25:36 PM PST by Doctor Raoul (New Obama Mantra, "Screw World Peace, I'll Buy You A Pony.")
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To: piytar

Federal contracts require that the minority firm do the majority of the work. Getting “8(a)” status is an involved process. And most sham outfits won’t pass muster. SBA guarnettees the performance of the 8(a) firm and has to pay back the Federal agency for the 8(a) contract cost if it turns out real bad. Emphasis on “real bad”.


50 posted on 03/04/2009 6:30:32 PM PST by Doctor Raoul (New Obama Mantra, "Screw World Peace, I'll Buy You A Pony.")
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