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 17:27-3.8 - Mandatory bid specification and contract language for good faith efforts toward achieving equal employment opportunities in construction contracts (Exhibit B)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Public agencies shall include in
				contracts and bid specifications the following mandatory language for equal
				employment opportunities:
1. 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.
				17:27-7.2; provided, however, that the
				Department may, in its discretion, exempt a contractor or subcontractor from
				compliance with the good faith procedures prescribed by (a)1i and 2 below, as
				long as the Department is satisfied that the contractor or subcontractor is
				employing workers provided by a union which provides evidence, in accordance
				with standards prescribed by the Department that its percentage of active "card
				carrying" 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 subcontractor agrees that a good faith effort
				shall include compliance with the following procedures:
i. 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 subcontractor 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. If the contractor 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 subcontractor agrees to afford equal employment
				opportunities to minority and women workers directly, 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, indicates 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
				procedures prescribed under (a)2 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.