§ 58.419. Program review and expiration.
Within 5 years after the effective date of this policy, the Department will review the operation of an evidentiary basis for the SDB program and the program for construction and design professional services to determine whether the Commonwealth has a continuing compelling interest in remedying discrimination against SDBs in its marketplace and the permissive scope of any narrowly tailored remedies to redress discrimination against SDBs so that the Commonwealth will not function as a passive participant in a discriminatory marketplace. This policy shall expire on or before January 1, 2028, unless a disparity study completed by the Commonwealth prior to that date shows a statistically significant disparity in the utilization of SDBs. In that case, the policy shall renew for an additional 5 years, with the review and expiration set forth in this section, each occurring every 5 years thereafter until the disparity study shows no statistically significant disparity in the utilization of SDBs.
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