49 CFR 26.43 – Can recipients use set-asides or quotas as part of this program?
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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.