Md. Code Regs. 21.07.03.26 - Commercial Nondiscrimination Clause
A. The following provision is mandatory for
all State contracts: "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 State Finance and
Procurement Article, Title 19, Annotated Code of Maryland. As part of this
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 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 Contractor shall include the provision
in §A of this regulation in all subcontracts to the State
contract.
C. 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 State Finance and
Procurement Article, Title 19, 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 State Finance
and Procurement Article, Title 19, Annotated Code of Maryland, and to provide
any documents relevant to any investigation that is 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 April 7, 2008 (35:7 Md. R. 751)
Regulation .26C amended effective March 5, 2012 (39:4 Md. R. 338); amended effective 52:4 Md. R. 221, eff.
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