All requests for bids or proposals issued for State contracts shall include the following certification to be completed by the bidder:
“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 Finance and Procurement Article of the Annotated Code of Maryland; to wit: discrimination in the solicitation, selection, or commercial treatment of any subcontractor, vendor, supplier, or commercial customer on the basis of 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 part of its bid or proposal, the bidder shall provide to the State a list of all instances within the immediate past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding 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.”.
Structure Maryland Statutes
Division II - General Procurement Law
Title 19 - Commercial Nondiscrimination Policy
Section 19-101 - Policy of State
Section 19-102 - Legislative Intent
Section 19-104 - Participation in Economic Development Projects
Section 19-106 - Administrative Complaints
Section 19-107 - Investigation of Discrimination and Retaliation Complaints
Section 19-108 - Initial Findings and Recommendations
Section 19-109 - Request for Contested Case Hearing
Section 19-110 - Remedy When Allegations Sustained
Section 19-111 - Remedy for Filing False or Frivolous Allegations
Section 19-112 - Issuance of Final Administrative Decision
Section 19-113 - Judicial Review
Section 19-114 - Nondiscrimination Clause
Section 19-115 - Certification to Be Included in Request for Bids or Proposals
Section 19-116 - Language to Be Included in All State Contracts
Section 19-117 - Remedies Additional to Other Remedies
Section 19-118 - Effect of Pending Action