Mountain Gravel then solicited bids from subcontractors for the guardrail portion of the contract. Adarand, a Colorado based highway construction company specializing in guardrail work, submitted the low bid. Gonzales Construction Company also submitted a bid. The prime contract's terms provide that Mountain Gravel would receive additional compensation if it hired subcontractors certified as small businesses controlled by "socially and economically disadvantaged individuals," App...
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Gonzales Construction Company also submitted a bid. The prime contract's terms provide that Mountain Gravel would receive additional compensation if it hired subcontractors certified as small businesses controlled by "socially and economically disadvantaged individuals," App. 24. Gonzales is certified as such a business; Adarand is not...
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