Md. Code Regs. 21.07.01.26 - Commercial Nondiscrimination Clause
A. The following provision is mandatory for
all State contracts and subcontracts: "As a condition of entering into this
Agreement, the company represents and warrants that it will comply with the
State's Commercial Nondiscrimination Policy, as described under Title 19 of the
State Finance and Procurement Article of the Annotated Code of Maryland. As
part of such compliance, Contractor may not discriminate on the basis of race,
color, religion, ancestry or national origin, sex, age, marital status, sexual
orientation, gender identity, or on the basis of disability, or other unlawful
forms of discrimination in the solicitation , selection, hiring, or commercial
treatment of subcontractors, vendors, suppliers, or commercial customers, nor
shall Contractor retaliate against any person for reporting instances of such
discrimination. Contractor shall provide equal opportunity for subcontractors,
vendors, and suppliers to participate in all of its public sector and private
sector subcontracting and supply opportunities, provided that nothing contained
in this clause shall prohibit or limit otherwise lawful efforts to remedy the
effects of marketplace discrimination that have occurred or are occurring in
the marketplace. Contractor understands that a material violation of this
clause shall be considered a material breach of this Agreement and may result
in termination of this Agreement, disqualification of Contractor from
participating in State contracts, or other sanctions. This clause is not
enforceable by or for the benefit of, and creates no obligation to, any third
party."
B. The following provision
is mandatory for all State contracts: "As a condition of entering into this
Agreement, upon the request of the Commission on Civil Rights, and only after
the filing of a complaint against Contractor under Title 19 of the State
Finance and Procurement Article of the Annotated Code of Maryland, as amended
from time to time, Contractor agrees to provide within 60 days after the
request a complete list of the names of all subcontractors, vendors, and
suppliers that Contractor has used in the past 4 years on any of its contracts
that were undertaken within the State of Maryland, including the total dollar
amount paid by Contractor on each subcontract or supply contract . Contractor
further agrees to cooperate in any investigation conducted by the State
pursuant to the State's Commercial Nondiscrimination Policy as set forth under
Title 19 of the State Finance and Procurement Article of the Annotated Code of
Maryland, and to provide any documents relevant to any investigation that are
requested by the State. Contractor understands that violation of this clause is
a material breach of this Agreement and may result in contract termination,
disqualification by the State from participating in State contracts, and other
sanctions."
Notes
Regulation .26 adopted effective March 12, 2007 (34:5 Md. R. 562)
Regulation .26B amended effective March 5, 2012 (39:4 Md. R. 338); amended effective 43:26 Md. R. 1449, eff.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
A. The following provision is mandatory for all State contracts and subcontracts: "As a condition of entering into this Agreement, Contractor represents and warrants that it will comply with the State's Commercial Nondiscrimination Policy, as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland. As part of such compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry, national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual's refusal to submit to a genetic test or make available the results of a genetic test or on the basis of disability, or other unlawful forms of discrimination in the solicitation , selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Agreement and may result in termination of this Agreement, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.
B. The following provision is mandatory for all State contracts: "As a condition of entering into this Agreement, upon the request of the Commission on Civil Rights, and only after the filing of a complaint against Contractor under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past 4 years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contractor on each subcontract or supply contract . Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State"amp;Uuml;s Commercial Nondiscrimination Policy as set forth under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland, and to provide any documents relevant to any investigation that are requested by the State. Contractor understands that violation of this clause is a material breach of this Agreement and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions."
Notes
Regulation .26 adopted effective March 12, 2007 (34:5 Md. R. 562)
Regulation .26B amended effective March 5, 2012 (39:4 Md. R. 338); amended effective 43:26 Md. R. 1449, eff.