Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.26 - Commercial Nondiscrimination Clause

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