4-E. Non-Discrimination Provision.pdf
PDF 117 KB Posted
- Attached to
- Mallard Creek WRRF NPW Filter System
- Solicitation number
- FY26-ITB-10
- Issued by
- Mecklenburg County, Charlotte City, North Carolina
About this file
This is a Non-Discrimination Provision certification document applicable to City of Charlotte contracts in North Carolina, specifically referenced in the Mallard Creek Water Resource Recovery Facility NPW Filter System procurement. The provision requires all bidders and proposers to submit a signed certification confirming that they have not engaged in or condoned discrimination in the solicitation, selection, or treatment of subcontractors, vendors, suppliers, or commercial customers. Discrimination is defined broadly to include unfair treatment based on race, color, gender, religion, national origin, ethnicity, age, familial status, sex (including sexual orientation, gender identity, and gender expression), veteran status, pregnancy, natural hairstyle, disability, or any unlawful form of discrimination, as well as retaliation for reporting discriminatory incidents. Bidders must provide a list of all discrimination-related complaints or legal and administrative proceedings filed against them within the past ten years, including the status and resolution of each complaint.
As a condition of contract award, bidders agree to comply with the City's Commercial Non-Discrimination Policy under Charlotte City Code Section 2, Article V, and consent to binding arbitration thereunder. The City reserves the right to reject any bid submitted with a false certification and may terminate any resulting contract. False certification constitutes a violation of the Commercial Non-Discrimination Ordinance and subjects the bidder to remedies including disqualification from participating in City contracts or bid processes for up to two years. Additionally, bidders must promptly provide all requested information and documentation regarding the solicitation and selection of suppliers and subcontractors, with failure to do so constituting grounds for bid rejection and contract termination.
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Text version
NON-DISCRIMINATION PROVISION
All requests for bids or Bids issued for City contracts shall include a certification to be completed by the Bidder or Proposer in substantially the following form:
The undersigned Bidder or Proposer hereby certifies and agrees that the following information is correct:
1. In preparing the enclosed Bid, the Bidder has considered all bids submitted from qualified, potential subcontractors and suppliers, and has not engaged in or condoned discrimination as defined in Section 2 below.
2. For purposes of this form, discrimination means discrimination in the solicitation, selection, or treatment of any subcontractor, vendor, supplier or commercial customer on the basis of a person's race, color, gender, religion, national origin, ethnicity, age, familial status, sex (including sexual orientation, gender identity and gender expression), veteran status, pregnancy, natural hairstyle or disability, or any otherwise unlawful form of discrimination. Without limiting the foregoing, discrimination also includes retaliating against any person or other entity for reporting any incident of discrimination.
3. Without limiting any other remedies that the City may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the City to reject the Bid submitted with this certification, and terminate any contract awarded based on such Bid. It shall also constitute a violation of the City’s Commercial Non-Discrimination Ordinance and shall subject the Bidder to any remedies allowed thereunder, including possible disqualification from participating in City contracts or bid processes for up to two years.
4. As a condition of contracting with the City, the Bidder agrees to promptly provide to the City all information and documentation that may be requested by the City from time to time regarding the solicitation and selection of suppliers and subcontractors in connection with this solicitation process.
Failure to maintain or failure to provide such information shall constitute grounds for the City to reject the Bid and to any contract awarded on such bid or Bid. It shall also constitute a violation of the City’s Commercial Non-Discrimination Ordinance, and shall subject the Bidder to any remedies that are allowed thereunder.
5. As part of its bid, the Bidder shall provide to the City a list of all instances within the past ten years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its subcontractors, vendors or suppliers, and a description of the status or resolution of that complaint, including any remedial action taken.
6. As a condition of submitting a bid to the City, the Bidder or Proposer agrees to comply with the City’s Commercial Non-Discrimination Policy as described in Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of any arbitration conducted thereunder.
NAME OF COMPANY:
BY: TITLE:
SIGNATURE OF AUTHORIZED OFFICIAL:
DATE:
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