Section 30-2003. NONDISCRIMINATION

 

2003.1Each contract awarded by the Agency under this title shall contain provisions obligating the contractor not to discriminate against any employee or applicant for employment in any .way that would constitute a violation of §211 of the District of Columbia Human Rights Act, D.C. Law 2-38 (D.C. Code §1-2512 (1992 Repl. Vol.)).

 

2003.2Each contract awarded by the Agency under this title shall obligate the contractor to include a nondiscrimination clause, as described in §2003.1, in each subcontract awarded by the contractor except subcontracts for standard commercial supplies or raw materials.

 

2003.3The contractor and subcontractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause in §251 of the District of Columbia Human Rights Act (D.C. Code §1-2522 (1992 Repl. Vol.)).

 

2003.4Failure to include the required nondiscrimination clause in a contract may render that contract void an initio at the election of the Executive Director. If a contract is cancelled under this subsection, any party shall be entitled to reasonable value of services performed and materials supplied.

 

2003.5If a contractor willfully fails to comply with the nondiscrimination provisions in a contract, the Executive Director may, while the contract is still executory in part, compel continued performance of the contract, but the Agency shall be liable only for the actual cost of services performed and materials supplied from the date of willful noncompliance, and profits previously paid by the Agency under the contract shall be set off against the sums to become due as the contract is performed.

 

2003.6If a subcontractor willfully fails to comply with nondiscrimination provisions in a subcontract, the contractor may void the contract and shall be liable only for the actual costs of the services performed and materials supplied.

 

2003.7A person with information concerning violations of the requirements of this section shall inform the Director of Procurement.

 

2003.8Upon receipt of information of an alleged violation, the Director shall inform the Executive Director and the Board, who may refer the matter to the Office of Human Rights in writing for investigation of the charges.

 

2003.9If the Office of Human Rights concludes that the charges are valid, the Executive Director shall invoke the remedies set forth in this section, in addition to other remedies or action provided pursuant to Title III of the District of Columbia Human Rights Act.

 

source

Final Rulemaking published at 36 DCR 6681, 6684 (September 22, 1989).