Quo Vadis? - Rothe and the Future of Federal Contracting Programs for Minority-Owned Small Businesses


The Congressional Research Service has recently published a useful and thought-provoking report on the potential Government-wide impact of the Federal Circuit’s November 4, 2008 decision in Rothe Development Corporation v. Department of Defense, 545 F.3d 1023 (Fed. Cir. 2008). Although we have previously reported on Rothe as it wound its way through the courts, the CRS Report provides a comprehensive litigative history of Rothe that is often lacking in piecemeal reports relating to the latest developments in that decade-long saga. It also assesses the potential impact of Rothe on a host of federal contracting programs designed to promote the participation of disadvantaged small businesses in the federal procurement process and, including SBA’s 8(a) Program, and on contracting assistance programs for women-owned businesses.

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