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Ch. 283 2006 LAWS OF MARYLAND
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"THE UNDERSIGNED BIDDER HEREBY CERTIFIES AND AGREES THAT THE
FOLLOWING INFORMATION IS CORRECT:
IN PREPARING ITS BID ON THIS PROJECT, THE BIDDER HAS CONSIDERED ALL
PROPOSALS SUBMITTED FROM QUALIFIED, POTENTIAL SUBCONTRACTORS AND
SUPPLIERS, AND HAS NOT ENGAGED IN "DISCRIMINATION" AS DEFINED IN § 19-103
OF THE STATE GOVERNMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND; TO
WIT: DISCRIMINATION IN THE SOLICITATION, SELECTION, OR COMMERICAL
TREATMENT OF ANY SUBCONTRACTOR, VENDOR, SUPPLIER, OR COMMERCIAL
CUSTOMER ON THE BASIS OF SEX, RACE, AGE, 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. WITHOUT LIMITING THE FOREGOING,
"DISCRIMINATION" ALSO INCLUDES RETALIATING AGAINST ANY PERSON OR OTHER
ENTITY FOR REPORTING ANY INCIDENT OF "DISCRIMINATION". WITHOUT LIMITING
ANY OTHER PROVISION OF THE SOLICITATION FOR BIDS ON THIS PROJECT, IT IS
UNDERSTOOD AND AGREED THAT, IF THIS CERTIFICATION IS FALSE, SUCH FALSE
CERTIFICATION WILL CONSTITUTE GROUNDS FOR THE STATE TO REJECT THE BID
SUBMITTED BY THE BIDDER ON THIS PROJECT, AND TERMINATE ANY CONTRACT
AWARDED BASED ON THE BID. AS A CONDITION OF CONTRACTING WITH THE STATE,
THE BIDDER AGREES TO PROMPTLY PROVIDE TO THE STATE ALL INFORMATION AND
DOCUMENTATION THAT MAY BE REQUESTED BY THE STATE FROM TIME TO TIME
REGARDING THE SOLICITATION AND SELECTION OF SUBCONTRACTORS. FAILURE TO
MAINTAIN OR FAILURE TO PROVIDE THE INFORMATION CONSTITUTES GROUNDS
FOR THE STATE TO REJECT THE BID SUBMITTED BY THE BIDDER AND TERMINATE
ANY CONTRACT AWARDED ON THE BID. AS PART OF ITS BID OR PROPOSAL, THE
BIDDER SHALL PROVIDE TO THE STATE A LIST OF ALL INSTANCES WITHIN THE
IMMEDIATE PAST 5 4 YEARS WHERE A COMPLAINT WAS FILED OR PENDING AGAINST
THE BIDDER THERE HAS BEEN A FINAL ADJUDICATED DETERMINATION IN A LEGAL
OR ADMINISTRATIVE PROCEEDING ALLEGING IN THE STATE OF MARYLAND THAT
THE BIDDER DISCRIMINATED AGAINST ITS SUBCONTRACTORS, VENDORS,
SUPPLIERS, OR COMMERCIAL CUSTOMERS, AND A DESCRIPTION OF THE STATUS OR
RESOLUTION OF THAT COMPLAINT, INCLUDING ANY REMEDIAL ACTION TAKEN. AS A
CONDITION OF SUBMITTING A BID OR PROPOSAL TO THE STATE, THE BIDDER
AGREES TO 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 ISSUED THEREUNDER.".
19-116.
EVERY CONTRACT THAT THE STATE ENTERS INTO SHALL INCLUDE THE
FOLLOWING LANGUAGE:
"AS A CONDITION OF ENTERING INTO THIS AGREEMENT, UPON THE MARYLAND
HUMAN RELATIONS COMMISSION'S REQUEST. AND ONLY AFTER THE FILING OF A
COMPLAINT AGAINST THE COMPANY UNDER TITLE 19 OF THE STATE FINANCE AND
PROCUREMENT ARTICLE. AS AMENDED FROM TIME TO TIME, THE COMPANY AGREES
TO: (A) PROMPTLY PROVIDE TO THE STATE ALL INFORMATION AND DOCUMENTATION
THAT MAY BE REQUESTED BY THE STATE FROM TIME TO TIME REGARDING THE
- 1598 -
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