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Article III. Race- and Gender-Conscious Remedies
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(a) The race- and gender-conscious remedies set forth in this article apply to eligible MBEs, and are designed to address the statistically significant disparities for MBE prime contractors and subcontractors that are members of groups of firms that the most recent disparity study demonstrates, by a strong basis in evidence, have been subjected to racial, ethnic or gender discrimination. Specific remedies are provided for prime contractors and subcontractors.

(b) WSSC has engaged in serious, good faith consideration of workable race- and gender-neutral remedies and measures. Notwithstanding these efforts, the disparity study determined that statistically significant disparities continue to exist in the Commission’s utilization of certain groups of contractors. Consistent with the requirement that all race- and gender-conscious remedies be “narrowly tailored,” the Commission shall satisfy each condition set forth in WSSC 6.30.190 before implementing or applying any such remedy.

(c) As a metric to assess overall effectiveness of the program established by this chapter, the General Manager/CEO (GM/CEO), with the OSDI Director’s advice, may propose that the Commission establish an overall, annual MBE aspirational expenditure participation objective(s)/metrics for each of the four broad contracting areas for WSSC contracting for a fiscal or calendar year. The industry-specific goal(s) shall reflect findings in the most recent disparity study and factual predicate concerning MBE utilization and availability, recent trends with respect thereto, WSSC contracting opportunities during the fiscal or calendar year(s) and any other relevant factors consistent with a narrowly tailored MBE program. These industry-specific MBE annual aspirational goals are not applicable to individual contracts, but will serve as benchmarks for assessing the progress of WSSC’s MBE program efforts.

A subject remedy is as set forth in the following sections. (Res. 2023-2325; REG-PROC-SD-2017-004 § VI(A))