(2006)

Dear Mr. Prem P. Agarwal

On behalf of the Washington Suburban Sanitary Commission ("WSSC"), you have requested our opinion concerning the WSSC's authority to take certain actions after the recent expiration of the statutes that authorized it to adopt a program, including race and gender conscious policies, to increase the participation of minority business enterprises ("MBEs") in WSSC contracting. You advise that the WSSC has adopted a "Stop Gap MBE Program" — essentially, an MBE program that mirrors the program previously authorized by statute — but is delaying implementation of that program…