New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 143 - Work Force Diversity Requirements And Procedures Regarding Equal Employment Opportunities For Minority Group Members And Women On State Contracts › Section 143.3 - Work force diversity bidding and award requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) State agencies shall require as part of
				all bid requests and contract solicitations that the contractor submit to the
				contracting agency an EEO policy statement and, may require, a staffing plan,
				as described in section
				143.2 of this Part. A contracting
				agency's approved master goal plan may specify, with reasons, that the
				pre-award submission of a staffing plan will not be required for particular
				contracts.
(b) Prior to the award
				of a State contract and in the case where the work force to be utilized in the
				performance of the State contract cannot be separated out from the contractor's
				and/or subcontractor's total work force (for example, certain commodities
				contracts), the contractor shall, where required by the contracting agency,
				submit to the contracting agency, in lieu of a staffing plan, information on
				the contractor's and/or subcontractor's total work force broken down by ethnic
				background, gender, and federal occupational categories or other appropriate
				categories specified by the contracting agency.
(c) A contractor's failure to submit an EEO
				policy statement and, where required by the contracting agency, staffing plan
				or total work force data shall result in the rejection of the contractor's bid
				or proposal, unless the contractor provides the contracting agency with a
				reasonable justification in writing for such failure (e.g., the failure to
				submit a staffing plan where a contractor has a work force of 10 employees or
				less), or makes a commitment to submit an EEO policy statement and a staffing
				plan or total work force data by a date to be specified by the contracting
				agency.
(d) The contracting agency
				shall be responsible for determining the time frames for the pre-award
				submission of the EEO policy statement and staffing plan or total work force
				data and for determining whether all bidders or only the lowest responsible
				bidder(s) or finalists shall be required to submit such
				documentation.
(e) After the award
				of the State contract and in the case where the work force to be utilized in
				the performance of the State contract can be separated out from the
				contractor's and/or subcontractor's total work force, a contracting agency may
				require the contractor to submit a work force employment utilization report in
				a form developed by the director. In instances where such a report is required,
				the work force employment utilization report form shall be provided to the
				contractor by the contracting agency at the time of the execution of the
				contract. The work force utilization report shall include the following
				information:
(1) the total number of employees
				performing work on the State contract;
(2) for commodities, services/consulting, and
				professional construction consultant contracts (including not-for-profit
				contracts within those industries), the contractor's and all subcontractor's
				work force on the State contract broken down by specified ethnic background,
				gender, and federal occupational categories; and
(3) for construction contracts, the hours a
				contractor's and all subcontractor's employees worked on activities related to
				that contract, and a breakdown of those hours by ethnic background, gender and
				the construction related job titles that fall within relevant federal
				occupational categories.