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 17:27-3.6 - Mandatory language for construction bid specifications and contracts (Exhibit B)
Universal Citation: NJ Admin Code 17:27-3.6
Current through Register Vol. 56, No. 18, September 16, 2024
(a) A public agency shall include in all bid specifications and contracts for construction the language required by N.J.A.C. 17:27-3.8(a). Also, all bid specifications and contracts for construction that are not subject to a Federally approved or sanctioned affirmative action program shall include the following additional language:
1. After
notification of award, but prior to signing a construction contract, the
contractor shall submit to the public agency compliance officer and the
Department an initial project workforce report (Form AA201) electronically
provided to the public agency by the Department, through its website, for
distribution to and completion by the contractor, in accordance with N.J.A.C.
17:27-7.
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 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 employment;
iv. The contractor or subcontractor, where
applicable, agrees to comply with any regulations promulgated by the Treasurer,
pursuant to
10:5-31 et seq., as amended and
supplemented from time to time. However, if a subcontractor has a total
workforce of four or fewer employees or if a contractor or subcontractor is
performing under an existing Federally approved or sanctioned affirmative
action program, the contract shall contain only the mandatory language required
in (a) above, except for the language contained in the first sentence of this
subparagraph.
(b) The public agency shall also include in all construction contracts and bid specifications, the language required by N.J.A.C. 17:27-3.8, unless the exemption provided under N.J.A.C. 17:27-7.1 is applicable.
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