Can client make vendor uphold client's non-discrimination policies?

Question

Can company A ask a vendor from another state to uphold Company A's non-discrimination policies as a winning vendor? Is there any place I can get more information on this?

Context: The co. I work for is in Ohio. We are bidding a job in a state with a non-discrimination policy that includes domestic partners and same-s*x relationships (personally, this doesn't bother me at all). The out--of-state company (Company A) wants the winning vendor (Company B)to sign an affidavit stating that Company B will adhere to Company A's policy. This is probably not our policy (I haven't talked to HR yet -but if you don't know Ohio, there is rampant discrimination especially with SS partners, and this is a small company and is very conservative, and I wish to have a little background knowledge before taking this statement to HR).

Answer 1

If I am seeking a vendor, I can impose whatever conditions I want as long as they are lawful.  You have the option of refusing to enter into the contract if you find the terms are not acceptable.

Answer 2

Yes and no.  A can't "make" B do something but they are simply saying "in order for you to do business with us we require the following".  This is done all the time.  "A" can put a job out to bid to a foreign countries and require that they adhere to U.S. policies regarding working conditions/pay rates/child labor, etc.  They can require that certain materials be used, etc.

"A" may not put a bid out that requires company B to break their own state or federal law though.  

Answer 3

As long as the condition precedent is legal, then yes they can require it for the vendor and latter on if they find the vendor has failed to uphold the condition they can revoke the contract/bid

Answer 4

If the company wants the other ones business, they will uphold the other company's non-discrimination policies.

Answer 5

Its not unusual for companies to put a lot of nonsense Terms and Conditions in their contracts.  

This is done for a variety of reasons:

1.  They do a lot of business with a state or local government that forces them to put the government T's & C's in their bids and contracts.

2.  Gives them an easy way to break the contract later on by claiming the bidder didn't live up to their end of the deal.

3.  The buyer has a preferred vendor who knows the inside scoop, and is the only one likely to make a conforming bid.

4.  The owners of the business are themselves q****s, and thus trying to change the world on their own.

You have two choices:

1. Amend the terms and conditions in your bid and/or waste a lot of time and effort haggling over them.  This, of course, makes it easy for them to reject you if they choose, even if you are low bidder.

2. Let  it slide and run the risk of it coming back to haunt you later.  Personally, I think the first scenario is the most likely (Pass-through of state T's & C's).  Its extremely unusual for this sort of thing to be enforced or even mentioned again.   In my experience, the only reason they might do it is if they were unhappy with your performance for other reasons, or if their hand was forced by a state audit or your company making the news in a bad way.

Answer 6

They can if the require it as a condition of the sale.