7-Mandatory Affirmative Action Language Exhibit B.pdf

Attachment 4

EXHIBIT B

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127)

N.J.A.C. 17:27-1.1 et seq.

CONSTRUCTION CONTRACTS

During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without re-gard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexu-al orientation, gender identity or expression, disability, nationality or sex. Such equal employ-ment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The con-tractor agrees to post in conspicuous places, available to employees and applicants for employ-ment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will re-ceive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disabil-ity, nationality or sex.

The contractor or subcontractor will send to each labor union, with which it has a collective bar-gaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employ-ment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations prom-ulgated by the Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.

When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good faith efforts to employ minority and women workers in each construction trade consistent with the targeted employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Dept. of LWD, Construction EEO Monitoring Program, may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures pre-scribed by the following provisions, A, B, and C, as long as the Dept. of LWD, Construction EEO Monitoring Program is satisfied that the contractor or subcontractor is employing workers

Manditrory AA Langugage Exhibit B 1

EXHIBIT B (Cont) provided by a union which provides evidence, in accordance with standards prescribed by the Dept. of LWD, Construction EEO Monitoring Program, that its percentage of active “card car-rying” members who are minority and women workers is equal to or greater than the targeted employment goal established in accordance with N.J.A.C. 17:27-7.2. The contractor or subcon-tractor agrees that a good faith effort shall include compliance with the following procedures:

(A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor shall, within three business days of the contract award, seek assurances from the union that it will cooperate with the contractor or sub-contractor as it fulfills its affirmative action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et. seq., as supple-mented and amended from time to time and the Americans with Disabilities Act. If the contrac-tor or subcontractor is unable to obtain said assurances from the construction trade union at least five business days prior to the commencement of construction work, the contractor or sub-contractor agrees to afford equal employment opportunities minority and women workers di-rectly, consistent with this chapter. If the contractor's or subcontractor's prior experience with a construction trade union, regardless of whether the union has provided said assurances, indi-cates a significant possibility that the trade union will not refer sufficient minority and women workers consistent with affording equal employment opportunities as specified in this chapter, the contractor or subcontractor agrees to be prepared to provide such opportunities to minority and women workers directly, consistent with this chapter, by complying with the hiring or scheduling procedures prescribed under (B) below; and the contractor or subcontractor further agrees to take said action immediately if it determines that the union is not referring minority and women workers consistent with the equal employment opportunity goals set forth in this chapter.

(B) If good faith efforts to meet targeted employment goals have not or cannot be met for each construction trade by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following actions:

(l) To notify the public agency compliance officer, the Dept. of LWD, Construction EEO Moni-toring Program, and minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce needs, and request referral of minority and women workers;

(2) To notify any minority and women workers who have been listed with it as awaiting availa-ble vacancies;

(3) Prior to commencement of work, to request that the local construction trade union refer mi-nority and women workers to fill job openings, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade;

Manditrory AA Langugage Exhibit B 2

(4) To leave standing requests for additional referral to minority and women workers with the local construction trade union, provided the contractor or subcontractor has a referral agree-ment or arrangement with a union for the construction trade, the State Training and Employ-ment Service and other approved referral sources in the area;

(5) If it is necessary to lay off some of the workers in a given trade on the construction site, layoffs shall be conducted in compliance with the equal employment opportunity and non-discrimination standards set forth in this regulation, as well as with applicable Federal and State court decisions;

(6) To adhere to the following procedure when minority and women workers apply or are re-ferred to the contractor or subcontractor:

(i) The contactor or subcontractor shall interview the referred minority or women worker.

(ii) If said individuals have never previously received any document or certification signifying a level of qualification lower than that required in order to perform the work of the construction trade, the contractor or subcontractor shall in good faith determine the qualifications of such individuals. The contractor or subcontractor shall hire or schedule those individuals who satisfy appropriate qualification standards in conformity with the equal employment opportunity and non-discrimination principles set forth in this chapter. However, a contractor or subcontractor shall determine that the individual at least possesses the requisite skills, and experience recog-nized by a union, apprentice program or a referral agency, provided the referral agency is ac-ceptable to the Dept. of LWD, Construction EEO Monitoring Program. If necessary, the con-tractor or subcontractor shall hire or schedule minority and women workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited by the provisions of (C) below.

(iii) The name of any interested women or minority individual shall be maintained on a waiting list, and shall be considered for employment as described in (i) above, whenever vacancies oc-cur. At the request of the Dept. of LWD, Construction EEO Monitoring Program, the contractor or subcontractor shall provide evidence of its good faith efforts to employ women and minori-ties from the list to fill vacancies.

(iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor shall inform the individual in writing of the reasons for the determi-nation, maintain a copy of the determination in its files, and send a copy to the public agency compliance officer and to the Dept. of LWD, Construction EEO Monitoring Program.

(7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered by the contract, on forms made available by the Dept. of LWD, Construction EEO Monitoring Program and submitted promptly to the Dept. of LWD, Construction EEO Monitoring Program upon request.

Manditrory AA Langugage Exhibit B 3

(C) The contractor or subcontractor agrees that nothing contained in (B) above shall pre-clude the contractor or subcontractor from complying with the union hiring hall or apprentice-ship policies in any applicable collective bargaining agreement or union hiring hall arrange-ment, and, where required by custom or agreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship program for admission, pursuant to such agreement or arrangement. However, where the practices of a union or apprenticeship program will result in the exclusion of minorities and women or the failure to refer minorities and women con-sistent with the targeted county employment goal, the contractor or subcontractor shall consider for employment persons referred pursuant to (B) above without regard to such agreement or arrangement; provided further, however, that the contractor or subcontractor shall not be re-quired to employ women and minority advanced trainees and trainees in numbers which result in the employment of advanced trainees and trainees as a percentage of the total workforce for the construction trade, which percentage significantly exceeds the apprentice to journey worker ratio specified in the applicable collective bargaining agreement, or in the absence of a collec-tive bargaining agreement, exceeds the ratio established by practice in the area for said con-struction trade. Also, the contractor or subcontractor agrees that, in implementing the proce-dures of (B) above, it shall, where applicable, employ minority and women workers residing within the geographical jurisdiction of the union.

After notification of award, but prior to signing a construction contract, the contractor shall sub-mit to the public agency compliance officer and the Dept. of LWD, Construction EEO Monitor-ing Program an initial project workforce report (Form AA-201) electronically provided to the public agency by the Dept. of LWD, Construction EEO Monitoring Program, through its web-site, for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7.

The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of this contract to the Dept. of LWD, Construction EEO Mon-itoring Program, and to the public agency compliance officer.

The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary, for on-the-job and/or off-thejob programs for outreach and training of minorities and women.

(D) The contractor and its subcontractors shall furnish such reports or other documents to the Dept. of LWD, Construction EEO Monitoring Program as may be requested by the Dept. of LWD, Construction EEO Monitoring Program from time to time in order to carry out the pur-poses of these regulations, and public agencies shall furnish such information as may be re-quested by the Dept. of LWD, Construction EEO Monitoring Program for conducting a compli-ance investigation pursuant to N.J.A.C. 17:27-1.1 et seq.

Manditrory AA Langugage Exhibit B 4

Attachment 7

Manditrory AA Langugage Exhibit B 5

Attachment 8

Manditrory AA Langugage Exhibit B 6

Attachment 9

Manditrory AA Langugage Exhibit B 7

EEO/AA Procedures In Awarding Public Contracts

Public Agency

Include Mandatory

Language in advertisements for receipt of bids, solicitation and/or request for proposals.

Include appropri-ate Mandatory Language in contracts and bid specifications.

Obtain Required

EEO/AA evidence from vendor or contractor.

Vendor Contractor

Goods, Professional Services, and General Services Contracts

Subject to Mandatory Lan-guage of Exhibit A

Selected vendors must submit one of the following forms of evidence:

1. Copy of Letter of Federal Approval

Or

2. Certificate of Employee In-formation Report

Or

3. Complete Form AA-302 (Employee Information Report)

EEO/AA Evidence must be submitted after notification of award, but prior to signing of the contract

Construction Contracts

Subject to Mandatory Language of Ex-hibit B

Additional Mandatory Language EO 151 and P.L.2009, c.335 (State Agencies, Independent Authorities, Colleges & Universities Only)

Selected construction contractors must submit the following form of evidence:

Complete Form AA-201 (Initial Project Workforce Report)

EEO/AA Evidence must be submitted after notification of award, but prior to signing of a construction contract

PUBLIC CONTRACT EEO/AA

COMPLIANCE PROCEDURES FLOW CHART

Attachment 10

Submit Form AA-202 (Monthly Pro-ject Workforce Report) once a month for the duration of the contract to the Dept. of Labor and to the Public Agency Compliance Officer

Manditrory AA Langugage Exhibit B 8

For your convenience, all contractors have two options in filing the Form AA-202, Monthly Project Workforce Report. As always, you may complete the form manually and mail it to the Dept. of LWD, Construction EEO Monitoring Program, with a copy to the Public Agency Compliance Officer, or you may input your employ-ment data directly onto the Form AA-202 located on our website, with a copy to the Public Agency Officer.

To access the Division’s website, simply follow these steps:

1. Type http://www.state.nj.us/treasury/contract_compliance/.

2. Select the “Premier Business Services Online Forms Account Instructions” link.

3. Please follow all the instructions to set up online access to the web application.

The web application will provide access to current and past reports that can be printed and submitted to the Public Agency awarding the contract as required.

NJ Department of Labor & Workforce Development

Construction EEO Monitoring Program

PO Box 209

Trenton, New Jersey 08625-0209

(609) 292-9550

Fax (609) 984-4023

STATE OF NEW JERSEY

DEPARTMENT OF LABOR & WORKFORCE DEVELOPMENT

CONSTRUCTION EEO MONITORING PROGRAM

Attachment 11

ATTENTION ALL CONSTRUCTION CONTRACTORS

Manditrory AA Langugage Exhibit B 9

For your convenience and for renewal of Certificates only, all goods, general services and professional ser-vices vendors have two options in filing the Form AA-302, Employee Information Report and Vendor Activi-ty Summary Report forms. You may complete the form manually and mail it to this Division, or you may in-put your employment data directly onto the AA-302 and Vendor Activity Summary Report located on our website. To access the Division’s website, simply follow these steps:

1. Type http://www.state.nj.us/treasury/contract_compliance/.

2. Select the “Premier Business Services Online Forms Account Instructions” link.

3. Please follow all the instructions to set up online access to the New Web Application.

4. Once your Renewal Forms have been completed online, please mail your $150.00 certificate fee, in the form of a check or money order, made payable to “Treasurer, State of New Jersey” to the address below:

NJ Department of the Treasury

Division of Purchase and Property

Contract Compliance and Audit Unit

EEO Monitoring Program

PO Box 206

Trenton, NJ 08625-0206

Telephone (609) 292-5473

Fax (609) 292-1102

STATE OF NEW JERSEY

DEPARTMENT OF THE TREASURY

DIVISION OF PURCHASE & PROPERTY

CONTRACT COMPLIANCE AUDIT UNIT

EEO MONITORING PROGRAM

Attachment 12

ATTENTION ALL GOODS, GENERAL SERVICES AND

PROFESSIONAL SERVICES VENDORS

Manditrory AA Langugage Exhibit B 10

Attachment 15

Additional Mandatory Construction Contract Language For State Agencies, Independent Authorities, Colleges and

Universities Only

Executive Order 51 (Corzine, August 28, 2009) and P.L.2009, c.335 include a provision which require all state agencies, independent authorities and colleges and universities to include addi-tional mandatory equal employment and affirmative action language in its construction con-tracts. It is important to note that this language is in addition to and does not replace the manda-tory contract language and good faith efforts requirements for construction contracts re-quired by N.J.A.C. 17:27-3.6, 3.7 and 3.8, also known as Exhibit B. The additional manda-tory equal employment and affirmative action language is as follows:

It is the policy of the [Reporting Agency] that its contracts should create a work-force that reflects the diversity of the State of New Jersey. Therefore, contractors engaged by the [Reporting Agency] to perform under a construction contract shall put forth a good faith effort to engage in recruitment and employment practices that further the goal of fostering equal opportunities to minorities and women.

The contractor must demonstrate to the [Reporting Agency’s] satisfaction that a good faith effort was made to ensure that minorities and women have been afford-ed equal opportunity to gain employment under the [Reporting Agency’s] contract with the contractor. Payment may be withheld from a contractor’s contract for fail-ure to comply with these provisions.

Evidence of a “good faith effort” includes, but is not limited to:

1. The Contractor shall recruit prospective employees through the State Job bank website, managed by the Department of Labor and Workforce Development, avail-able online at http://NJ.gov/JobCentralNJ;

2. The Contractor shall keep specific records of its efforts, including records of all individuals interviewed and hired, including the specific numbers of minorities and women;

3. The Contractor shall actively solicit and shall provide the [Reporting Agency] with proof of solicitations for employment, including but not limited to advertise-ments in general circulation media, professional service publications and electronic media; and

4. The Contractor shall provide evidence of efforts described at 2 above to the [Reporting Agency] no less frequently than once every 12 months.

5. The Contractor shall comply with the requirements set forth at N.J.A.C. 17:27-

1.1 et seq.

To ensure successful implementation of the Executive Order and Law, state agencies, independ-ent authorities and colleges and universities must forward an Initial Project Workforce Report (AA-201) for any projects funded with ARRA money to the Dept. of LWD, Construction EEO Monitoring Program immediately upon notification of award but prior to execution of the con-tract.

Manditrory AA Langugage Exhibit B 11 http://lwd.dol.state.nj.us/labor/employer/content/joborderrequest.html