HARRY HUGHES, Governor

3403

(ii) the annual dollar value of the contract
and its attendant change orders is less than a threshold
established by the Board for the applicable expenditure or use
classification; and

(iii) an accountability or reporting system
approved by the Board is established to inform the Board of
actions taken by the unit under authority granted to the unit.

(2) These regulations are subject to approval by the
Joint Committee on Administrative, Executive, and Legislative
Review.

(c) The thresholds established for purposes of subsection
(b)(1)(ii) of this section shall be sufficiently high to free the
Board from direct review of relatively insignificant items while
not impairing the strong public policy in favor of direct Board
review of items that have a substantial fiscal impact.

PART V. NONDISCRIMINATION REQUIREMENTS.

[13-406.] 11-209. NONDISCRIMINATION REQUIREMENTS.

(a)   [A] EVERY STATE PROCUREMENT contract [subject to this
Division II of this article may not be awarded to any contractor
unless the contract contains] SHALL CONTAIN 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 may
render any] PROVISIONS RENDERS THE contract void ab initio at the
election of the State, but any party shall be entitled to the
reasonable value of [services] WORK performed and materials
[supplied] PROVIDED.

(c)   [Where the] IF A contractor wilfully fails to comply
with the nondiscrimination provisions [the State may, where] AND
IF the contract is still executory in part, THE STATE MAY compel
continued [performances] PERFORMANCE of the contract, but it
shall be liable only for the reasonable value of [services] WORK
performed and materials [supplied] PROVIDED from the date that
the breach of contract was discovered or should have been
discovered[,]. [and any] 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] A subcontractor wilfully fails to comply with
the nondiscrimination provisions the contractor may [avoid]