Anti-Discrimination Program: By submitting a bid, a bidder shall understand and agree to:

• Not discriminate against minority, female and disabled-owned firms (MFDs) in the selection of subcontractors on Commission projects. For contracts with subcontracting opportunities, offerors are required to provide MFDs the opportunity to submit bids as subcontractors and to award those MFDs submitting low bids the subcontracts unless there are legitimate reasons not to do so. On certain contracts, the Commission will require offerors to submit standard forms with the bids that indicate how they have complied with the subcontracting non-discrimination requirements. The bid documents identify if submission of these forms is required.
• Not discriminate against MFDs in their performance of work as subcontractors on Commission contracts.
• Submit forms verifying payment to subcontractors throughout the course of a contract.
• Not discriminate against any employee or applicant for employment because of age, sex, race, creed, disability or national origin. If a firm is determined by a final order of an administrative agency or a court to be in violation of federal, state or county non-discrimination laws, any agreement entered into by the Commission with a firm may be terminated or suspended in whole or in part by the Commission, and the firm may be debarred from bidding on future contracts with the Commission.

The subcontracting non-discrimination program shall apply not only to the initial contract award, but also to certain major change orders and amendments that serve to increase the dollar value of the initial contract.

Any violation of the Commission’s Anti-Discrimination Program may result in suspension or debarment of the violator as well as other civil or administrative remedies.

A minority-owned business is any entity that engages in commercial transactions and is at least 51 percent owned and controlled by one or more individuals from the following groups: African Americans (all persons having origins in and of the Black racial groups of Africa), Hispanics (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race), Asians or Pacific Islanders (all persons having origins in any of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands), and Native Americans (all persons of American Indian, Aleut, Eskimo or Native Hawaiian background). A female-owned business is any entity that engages in commercial transactions and is at least 51 percent owned and controlled by one or more women. A disabled-owned business is any entity that engages in commercial transactions and is at least 51 percent owned and controlled by persons with physical or mental impairment that substantially limits one or more of the major life activities of the individual, as defined in the Americans with Disabilities Act of 1990.

The Anti-Discrimination Program includes a price preference program for eligible MFDs. The purpose of the price preference program is to remedy the effects of private marketplace discrimination that impact the opportunity for certain groups of firms to effectively compete for Commission purchases. To be approved as eligible for the price preference program, a firm must meet specific criteria with respect to ownership status, geographic location of business, annual gross receipts, and certification status (an MFD Price Preference Program Eligibility Verification Form is available from the Fair Practices Office (phone: 301/454-1740).