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<section article="gsf" article_name="State Finance and Procurement" number="13-219" title_number="13" title_name="Source Selection -- State Procurement Contracts" subtitle_number="2" subtitle_name="Procedural Requirements">
  <level label="a">
    <text>This section is broadly applicable to all procurements by the State.</text>
  </level>
  <level label="b">
    <text>Each contract for procurement shall include a nondiscrimination clause as provided in this section.</text>
  </level>
  <level label="c">
    <text>The nondiscrimination clause shall:</text>
    <level label="1">
      <text>prohibit discrimination in any manner by the contractor against an employee or applicant for employment because of sex, sexual orientation, gender identity, disability, race, age, color, creed, or national origin;</text>
    </level>
    <level label="2">
      <text>require the contractor to include a similar clause in every subcontract except a subcontract for standard commercial supplies or raw materials; and</text>
    </level>
    <level label="3">
      <text>require each contractor and subcontractor subject to this clause to post conspicuously a notice that sets forth the provisions of the clause in a place that is available to employees and applicants for employment.</text>
    </level>
  </level>
  <level label="d">
    <text>If the nondiscrimination clause is omitted from a contract or subcontract subject to this section, the State may declare the contract to be void. In that event, the contractor is entitled to the reasonable value of work that has been performed and materials that have been provided.</text>
  </level>
  <level label="e">
    <text>If a contractor willfully fails to comply with the requirements of the nondiscrimination clause and the contract is partly executory, the State may compel the contractor to continue to perform under the contract, but the State:</text>
    <level label="1">
      <text>is liable for no more than the reasonable value of work performed and materials provided after the date on which the breach of contract was or should have been discovered; and</text>
    </level>
    <level label="2">
      <text>shall deduct any money that has been paid under the contract from the money that becomes due under item (1) of this subsection.</text>
    </level>
  </level>
  <level label="f">
    <text>If a subcontractor willfully fails to comply with the requirements of a nondiscrimination clause, the contractor may void the subcontract. In that event, the contractor is liable for no more than the reasonable value of work performed or materials provided.</text>
  </level>
  <level label="g">
    <level label="1">
      <text>Any person, including an employee or prospective employee, who has information about a violation of this section or a nondiscrimination clause may inform the Board.</text>
    </level>
    <level label="2">
      <text>The Board:</text>
      <level label="i">
        <text>shall cause an immediate investigation of the charge; and</text>
      </level>
      <level label="ii">
        <text>if it concludes that the charge is true, may invoke any remedy available by law.</text>
      </level>
    </level>
  </level>
</section>
