(a) A minimum of five and no more than seven years thereafter, the Commission shall undertake an independent assessment of its factual predicate for its MBE program by issuing an RFP for the performance of a disparity study regarding the relevant market area (including public sector and private sector contracting) from which the Commission purchases its goods and services. The selected consultant(s) shall conduct the disparity study in accordance with relevant and current case law and industry standards regarding the selection of best available data sources and appropriate methodologies in analyzing the relevant market area and any barriers to MBE participation in WSSC contracts. The disparity study shall render findings regarding the ongoing need, if any, for the remedies contained in this chapter, and shall make recommendations for modifying this chapter in accordance with the law, specifically the need to implement such remedies in a narrowly tailored and effective fashion.

(b) The standard procedure codified in this chapter shall expire when the statutory authority expires for WSSC’s MBE program; or when the most recent disparity study at that time demonstrates that WSSC does not have a strong basis in evidence to continue its MBE program to address ongoing effects of past or present discrimination that prevents or limits MBEs from participating in WSSC contracts at a level which would have existed absent such discrimination. (REG-PROC-SD-2017-004 § VII(E))