Joe Davidson - Another Obstacle for Affirmative Action, And Congress Is Prepared to Fight - washingtonpost.com: On Nov. 4, amid all the excitement surrounding Barack Obama's election, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit struck down a Pentagon program that included a 5 percent set-aside for companies run by African Americans, Asian Americans, Hispanic Americans and Native Americans.
The impact of the decision is unclear; the court's focus on an old Pentagon rule to decide the case created uncertainty about whether the set-aside remains. But if the panel's ruling stands, the implications for minority-owned companies that received almost $15 billion in fiscal year 2006 in Defense Department contracts could alter a long-standing program that allowed under-represented groups access to lucrative government contracts.
Last month, the panel ruled that the Defense Department erred when it failed to use a 'price evaluation adjustment' tool, which allowed the Pentagon to increase bids from white-owned companies by 10 percent before comparing them to firms owned by people of color.
