The Encounters Construction Co., a Caucasian-owned construct…
The Encounters Construction Co., a Caucasian-owned construction company, submits the lowest bid for a subcontract to construct telescopes for a UFO-watching tower in rural Nevada. However, the general contractor accepts a bid from E.T. Ltd., a minority-owned firm qualifying under congressionally authorized regulations as a Disadvantaged Business Enterprise. The prime contractor awards the contract to E.T., and for doing so receives a financial incentive from the federal government. Encounters Construction brings suit. What type of scrutiny will this federal regulation have to meet?