(a) The SLMBE Office shall be responsible for determining when SLBE firms no longer require the preferences provided by this chapter and should, as a result, graduate from the SLBE program. The SLMBE Office shall ensure that WSSC’s Supplier Portal System or any successor Web-Based Compliance System thereto accurately and timely reflects the graduation of SLBE firms. Nevertheless, the risk that a firm’s SLBE status is inaccurately stated in WSSC’s Supplier Portal System or any successor Web-Based Compliance System thereto shall be borne by any bidder or respondent to an IFB or RFP.

(b) A SLBE firm shall graduate from the SLBE program whenever the firm has received a cumulative total in prime or subcontract payments of either: (1) $10 million for WSSC architecture and engineering, goods and services and professional services contracts; or (2) $14 million for WSSC construction contracts or subcontracts since the firm’s initial approval as a SLBE firm.

(c) The SLMBE Office shall annually evaluate each SLBE firm receiving contract payments from WSSC to determine whether the firm has graduated based on these standards.

(d) A SLBE firm’s graduation, pursuant to this section, shall have no effect on any contract entered into by the firm and the Commission when the firm was qualified to participate in the API established in this chapter.

(e) The SLMBE Office will provide written notice to the SLBE upon graduation from the SLBE program, and therein state the reasons for such graduation.

(f) Petition for Reinstatement. During the three years after graduating pursuant to subsection (b) of this section, a graduated SLBE firm may petition for reinstatement providing the SLBE firm meets the eligibility requirements set forth in WSSC 6.35.040. The petition shall include (but need not be limited to) all documents and records relating to the SLBE’s unsuccessful efforts during the three-year period to obtain Commission contracts (including internal documents, which may be submitted under seal) and the firm’s detailed explanation regarding why its bids or proposals were unsuccessful. (REG-PROC-SD-2017-005 § VI(B))