Notwithstanding section 314.1, there may be set aside contracts for bidding by prequalified small businesses a percentage of the total annual dollar amount of public contracts let by the department. The annual dollar amount set aside for bidding by prequalified small businesses shall not exceed ten percent of the total dollar amount of highway construction contracts letby the department and transit dollars administered by the department. The director may estimate the set-aside amount at the beginning of each fiscal year and a suit shall not be brought by any party as a result of this estimate. Set-aside contracts will be awarded to the lowest responsible prequalifiedsmall business. This section shallnot be construed aslimiting the department’s right to refuse any or all small business bids. Disadvantagedbusinessenterprisefundingreauthorizedinsection11101(e)ofthefederalInfrastructureInvestmentandJobsAct, approvedNovember15,2021,Pub.L.No. 117-58;seealso49C.F.R.pt.26
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