2676

LAWS OF MARYLAND

Ch. 775

judgment of conviction of an offense described in
subsections (b) or (c) and of each docket entry reflecting
the acceptance of a plea of nolo contendere to such an
offense

(2) The prosecuting officer of the State or any
of its subdivisions having responsibility for any
investigation or other proceeding in which a person admits
acts or omissions which would subject that person to
disqualification under subsection (c) shall transmit to the
Board [of Public Works] a copy or summary of the written
statement or transcript reflecting that admission as soon as
the prosecuting officer determines that such action will not
prejudice any pending or anticipated investigation or other
proceeding. The Board [of Public Works] shall keep a roster
of all persons and business entities disqualified or subject
to disqualification under this section. The roster shall be
a public record.

[7A.] 3-406.

(a)  A contract [for any construction work] subject to
[§ 7 of] this article may not be awarded to any contractor
unless the contract contains provisions obligating the
contractor not to discriminate in any manner against any
employee or applicant for employment because of sex, race,
creed, color, or national origin and obligating the
contractor to include a similar clause in all subcontracts,
except subcontracts for standard commercial supplies or raw
materials. In addition, the contractor and subcontractor
shall agree to post in conspicuous places, available to
employees and applicants for employment, notices setting
forth the provisions of the nondiscrimination clause.

(b)  Failure to include such a contract provision
[renders] MAY RENDER any contract void ab initio AT THE
ELECTION OF THE STATE, but any party shall be entitled to
the reasonable value of services performed and materials
supplied. [However, the State may elect to compel the
performance of any contract under this section not
containing the nondiscrimination provisions, but recovery
against the proper party shall be limited to the reasonable
value of services performed and materials supplied.]

(c)  Where the contractor wilfully fails to comply with
the nondiscrimination provisions the State may, where the
contract is still executory in part, compel continued
performances of the contract, but it shall be liable only
for the reasonable value of services performed and materials
supplied from the date that the breach of contract was
discovered or should have been discovered, and any sums
previously paid by the State under the contract, shall be
set off against the sums to become due as the contract is
performed.

(d)  If the subcontractor wilfully fails to comply with
the nondiscrimination provisions the contractor may avoid