New Jersey Administrative Code
Title 17 - TREASURY - GENERAL
Chapter 27 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES
Subchapter 3 - GENERAL REQUIREMENTS FOR PUBLIC AGENCIES AWARDING CONTRACTS
Section 17:27-3.5 - Mandatory language for goods and services bid specifications and contracts (Exhibit A)
Universal Citation: NJ Admin Code 17:27-3.5
Current through Register Vol. 56, No. 24, December 18, 2024
(a) A public agency shall include in all bid specifications and contracts for goods and services the language required by N.J.A.C. 17:27-3.7(a). Also, bid specifications and contracts for goods and services, that are not subject to a Federally approved or sanctioned affirmative action program, shall include the following additional language:
1. Each
contractor shall submit to the public agency, after notification of award but
prior to execution of a goods and services contract, one of the following three
documents:
i. Appropriate evidence that the
contractor is operating under an existing Federally approved or sanctioned
affirmative action program;
ii. A
certificate of employee information report approval, issued in accordance with
N.J.A.C. 17:27-4; or
iii. An
employee information report (Form AA302) electronically provided by the
Division and distributed to the public agency, through the Division's website,
to be completed by the contractor, in accordance with N.J.A.C.
17:27-4.
2. During the
performance of this contract, the contractor agrees as follows:
i. 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 all employees are treated during
employment, without regard to their age, race, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity or
expression, disability, nationality or sex. Such equal employment 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 contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the public agency compliance officer setting forth
provisions of this nondiscrimination clause;
ii. 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
receive consideration for employment without regard to age, race, creed, color,
national origin, ancestry, marital status, affectional or sexual orientation,
gender identity or expression, disability, nationality or sex;
iii. The contractor or subcontractor will
send to each labor union, with which it has a collective bargaining agreement,
a notice, to be provided by the agency contracting officer, advising the labor
union of the contractor's commitments under this chapter and shall post copies
of the notice in conspicuous places available to employees and applicants for
employment; and
iv. The contractor
or subcontractor, where applicable, agrees to comply with any regulations
promulgated by the Treasurer pursuant to
N.J.S.A. 10:5-31 et seq., as amended and supplemented
from time to time.
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