(a) Scope. The provisions of this section are not applicable to small procurements that are within the provisions of § 8-2-106.
(b) Clauses required by law or necessary to protect County’s interests. The Purchasing Agent may include in any contract the clauses required by law or considered necessary to protect the County’s best interests in accordance with the Purchasing Regulations.
(c) Equal employment opportunity. Contracts shall contain a provision requiring compliance by the contractor or any subcontractor with Executive Order 11246, entitled “Equal Employment Opportunity”, as amended, and as supplemented by U.S. Department of Labor Regulations 41 CFR Part 60.
(d) Remedies and sanctions or penalties. Contracts shall contain provisions or conditions that allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and provide for such sanctions and penalties as may be appropriate.
(e) Grant funds. Contracts that anticipate the expenditure of federal or State grant funds shall contain either, or both as applicable, the mandatory requirements of Federal Management Circular A-102, Attachment O, or such terms and conditions as prescribed by the federal or State grantor agency.
(f) Access to records. Contracts shall include provisions allowing the County access to the records of the contractor for purposes of auditing or verifying the contractor’s costs in connection with the contract.
(g) Affidavit. Pursuant to the State Finance and Procurement Article, § 16-311, of the State Code, each business entity or person submitting a bid or otherwise applying for a contract shall submit an affidavit stating to its best knowledge whether it or any of its officers, directors, or partners, or any of its employees who are directly involved in obtaining contracts with the State or with any County or other subdivision of the State, has been convicted of bribery, attempted bribery, or conspiring to bribe under the laws of any state or the federal government. The affidavit is satisfactory if it incorporates by reference the statements contained in an affidavit filed with the same procurement agency within the previous 12 months pursuant to the requirements above and states that those statements remain accurate.
(h) Non-discrimination. A contract 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 on the basis of race, creed, color, or national origin or on any other basis that would be a violation of federal or State law, and obligating the contractor to include a similar clause in all subcontracts. Contractors and subcontractors shall agree to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause.
(1985 Code, Art. 10, § 2-114) (Bill No. 59-85; Bill No. 8-03; Bill No. 23-04; Bill No. 58-08; Bill No. 86-11; Bill No. 85-13; Bill No. 8-17; Bill No. 80-18; Bill No. 56-19; Bill No. 72-21)