3-Promise of Non-Discrimination.docx.pdf

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Attached to
Martin Luther King, Jr. Middle School - Pool Infrastructure Replacement
Solicitation number
26-111325-45-P-AW
Issued by
Fulton County, Georgia

About this file

This is a Promise of Non-Discrimination document required by the Atlanta Independent School System (APS) for vendors bidding on construction projects and other procurement contracts. The document serves as a binding agreement that all potential bidders must submit to the APS Office of Contract Administration prior to bidding on contracts funded by Atlanta Public Schools. The promise applies to the Martin Luther King, Jr. Middle School Pool Infrastructure Replacement project located at 545 Hill Street, SE, Atlanta, Georgia 30312, which seeks a design-build contractor to complete the pool infrastructure replacement. The document establishes that non-discrimination policies must remain in effect for the duration of any resulting contract with APS.

The Promise of Non-Discrimination commits bidders to prohibit exclusion or discrimination based on race, color, sex, religion, national origin, marital status, sexual orientation, age, or disability in connection with any bid or contract performance with APS. Bidders must affirm their commitment to providing equal opportunity to all business persons, including companies owned and controlled by racial minorities, cultural minorities, and females. Failure to comply with these non-discrimination promises constitutes material breach of contract and entitles APS to exercise remedies including contract cancellation, termination, suspension, debarment from future contracting opportunities, and withholding or forfeiture of compensation. The promises are incorporated into any contract awarded and remain binding for the full contract term.

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Text version

Promise of Non-Discrimination Updated 9/2019

PROMISE OF NON-DISCRIMINATION

In consideration of, and as condition precedent, the right and privilege to bid on construction projects and other procurement contracts of the APS, each potential vendor shall be required to submit to the APS Office of Contract Administration, a duly executed and attested Promise of Non-Discrimination, enforceable at law, which by agreement, affidavit or other written instrument acceptable to the General Counsel for APS, shall contain promises, averments and/or affirmations voluntarily made by the bidder.

“Know All Men by These Presents, that I/We, in consideration of the privilege to bid on contracts funded in whole or in part by Atlanta Independent School System (hereinafter, “APS”) , hereby consents, covenants and agrees as follows:

(1) No person shall be excluded from participation in, denied the benefit of, or otherwise discriminated against on the basis of race, color, sex, religion, national origin, marital status, sexual orientation , age, or disability in connection with any bid submitted to APS, or the performance of any contract resulting there from;

(2) That it is and shall be the policy of Company to provide equal opportunity to all business persons seeking to contract or otherwise interested in contracting with this Company, including those companies owned and controlled by racial minorities, cultural minorities and females:

( 3) That the promises of non-discrimination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption for so long as any contract between Company and APS remains in force and effect;

(4) That the promises of non-discrimination as made and set forth herein shall and are hereby deemed to be made a part of, and incorporated by reference into, any contract or portion thereof which the Company may hereafter obtain with APS; and

(5) That the failure of this company to satisfactorily discharge any of the promises of non-discrimination as made and set forth herein shall constitute a material breach of contract entitling the APS to declare the contract in default and to exercise any and all applicable rights and remedies including but not limited to cancellation of the contract, termination of the contract, suspension and debarment from future contracting opportunities, and withholding and/or forfeiture of compensation due and owing on a contract.

File details come from the government source that posted it. Updated .