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(a) Policies.

(1) WSSC is committed to avoid being an active or passive participant in public or private sector discrimination or in any system of exclusion based on race, gender or ethnicity.

(2) WSSC will carry out the requirements of the Public Utilities Article, §§ 20-203 and 20-204, Annotated Code of Maryland, in a manner consistent with the United States Constitution, the Maryland Constitution, and applicable federal and state statutes and regulations, as construed by applicable judicial precedent.

(3) WSSC’s most recent disparity study demonstrates a strong basis in evidence of discrimination against minority- and women-owned business enterprises in the Commission’s geographic and product markets.

(4) The remedies in this chapter are intended to further WSSC’s obligation to ensure that the Commission is neither an active nor passive participant in private or public sector marketplace discrimination, and to actively promote equal opportunity for all segments of the contracting and business community to participate in WSSC contracts.

(5) 

(i) This chapter’s remedies are narrowly tailored and very carefully designed and tightly targeted to be effective and to remedy discrimination against minority- and women-owned business enterprises in WSSC contracts.

(ii) The Commission shall use race- and gender-conscious means for addressing discrimination as a last resort only after considering use of race- and gender-neutral means and finding that they alone will be insufficient to remedy the effects of identified discrimination.

(6) The General Manager/CEO, in consultation with the OSDI Director, the Chief Procurement Officer and the General Counsel, on an ongoing basis, will recommend to the Commission amendments to this chapter necessary to comply with changes in applicable law and to fully effectuate the policies and objectives set forth herein.

(7) The Commission shall take all necessary, reasonable, and legal action to prevent discrimination, and to ensure that all businesses (including minority- and women-owned business enterprises) are afforded a full and fair opportunity to participate in the Commission’s contracting process.

(8) Consistent with Title 19 of the State Finance and Procurement Article, Annotated Code of Maryland, the Commission will not enter into a contract with any business entity that has discriminated in the solicitation, selection, or treatment of subcontractors, suppliers, vendors, or commercial customers or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer’s employees or owners as provided for in state law.

(9) The Office of Supplier Diversity and Inclusion (OSDI) Director along with the Chief Procurement Officer shall have primary oversight responsibility with the full support and cooperation of all other WSSC offices in administering and ensuring compliance with all policies and procedures established herein.

(10) WSSC shall implement such other policies that are consistent with applicable law and that it deems necessary and appropriate to remedy the ongoing effects of past and present discrimination.

(b) Objectives. The objective of this chapter is to remedy discrimination against minority- and women-owned business enterprises in the geographic and product markets in which the Commission participates. (Res. 2023-2325; REG-PROC-SD-2017-004 § II)