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ROBERT L. EHRLICH, JR., Governor
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Ch. 283
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ADMINISTRATIVE DECISION OF THE STATE SUBJECT TO JUDICIAL REVIEW AS
PROVIDED FOR IN A CONTESTED CASE UNDER § 10-222 OF THE STATE GOVERNMENT
ARTICLE.
(C) ON ISSUANCE OF A FINAL DECISION, THE ATTORNEY GENERAL
COMMISSION OR THE ADMINISTRATIVE LAW JUDGE MAY ENTER ANY ORDER
REASONABLY NECESSARY OR CONVENIENT TO GOVERN THE CONDUCT OF THE
STATE AND THE PARTIES SO THAT THE PURPOSES OF THIS TITLE ARE ACHIEVED.
19-113.
ANY PARTY WHO, AFTER HAVING EXHAUSTED ALL ADMINISTRATIVE REMEDIES
AVAILABLE, IS AGGRIEVED BY A FINAL DECISION OF THE ATTORNEY GENERAL
COMMISSION OR THE ADMINISTRATIVE LAW JUDGE MAY SEEK JUDICIAL REVIEW OF
SUCH DECISION UNDER § 10-222 OF THE STATE GOVERNMENT ARTICLE.
19-114.
EVERY CONTRACT AND SUBCONTRACT SHALL CONTAIN A NONDISCRIMINATION
CLAUSE THAT READS AS FOLLOWS:
"AS A CONDITION OF ENTERING INTO THIS AGREEMENT, THE COMPANY
REPRESENTS AND WARRANTS THAT IT WILL FULLY 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, AND CONSENTS TO BE BOUND BY ANY FINAL DECISION RENDERED
THEREUNDER. AS PART OF SUCH COMPLIANCE, THE COMPANY MAY NOT
DISCRIMINATE ON THE BASIS OF SEX, RACE, ACE, COLOR, CREED, OR NATIONAL
ORIGIN, RACE, COLOR, RELIGION, ANCESTRY OR NATIONAL ORIGIN, SEX, AGE,
MARITAL STATUS, SEXUAL ORIENTATION, 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 THE COMPANY RETALIATE AGAINST ANY
PERSON FOR REPORTING INSTANCES OF SUCH DISCRIMINATION. THE COMPANY
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. THE COMPANY
UNDERSTANDS AND AGREES 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 THE COMPANY 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.''.
19-115.
ALL REQUESTS FOR BIDS OR PROPOSALS ISSUED FOR STATE CONTRACTS SHALL
INCLUDE THE FOLLOWING CERTIFICATION TO BE COMPLETED BY THE BIDDER:
- 1597 -
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