Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.03 - Mandatory Terms and Conditions for Purchase Orders Over $50,000 › Section 21.07.03.26 - Commercial Nondiscrimination Clause

Current through Register Vol. 51, No. 14, July 12, 2024
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, 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."