Federal Procurement After Adarand

The Supreme Court’s 1995 decision in Adarand Contractor, Inc. v. Pena (Adarand), held that federal programs using racial and ethnic bases in decision making must serve a compelling government interest and be narrowly tailored to meet that interest. Under this standard, federal agencies must seriously consider race-neutral alternatives to race-conscious procurement programs. This report considers federal agencies’ compliance with this constitutional requirement.