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)

Current through Register Vol. 56, No. 14, July 15, 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.