N.J. Admin. Code § 17:27-3.2 - Public agency requirements; generally

(a) Public agencies shall comply with the following requirements in order to ensure equal employment opportunity in public contracting:

1. Comply with any rules promulgated by the Division and Department with respect to their obligations to assist with equal employment opportunity and affirmative action compliance and enforcement efforts;

2. Cooperate fully with the Division and Department in the implementation of guidelines for determining whether a construction contractor or vendor has failed to provide equal employment opportunity in the hiring of minorities and women on public contracts;

3. Include mandatory equal employment opportunity and affirmative action language in its advertisements, bid specifications and contracts;

4. Include in each contract and bid specification the State's intent to carry out its responsibilities requiring equal employment opportunity and affirmative action by vendors and construction contractors, the vendor and contractor's obligations under the law and related regulations, and the consequences of the failure to do so;

5. Provide vendors and construction contractors with documentation describing the relevant law and rules and, as requested, copies of same;

6. Provide to the Division or Department any information that indicates that a construction contractor or goods and services vendor is not in compliance with equal employment opportunity requirements and fully cooperate in any Division or Department investigation of such contractor or vendor's compliance with these requirements;

7. Provide the Division or Department with such other information as it shall request and as shall be necessary to enable the Division or Department to fulfill its mission;

8. Require construction contractors and vendors to certify that they are in compliance with equal employment opportunity and affirmative action in public contracting requirements by presenting mandatory evidence; and

9. Include in any public contract mandatory language requiring all parties to the contract and any subcontracts thereof to make a good faith effort to provide equal employment opportunity for minorities and women, and further providing that a failure to make good faith efforts to provide equal employment opportunity for minorities and women may result in fines/penalties, suspension/debarment, a determination to lower a construction contractor's aggregate rating or such other action as provided by law.

Notes

N.J. Admin. Code § 17:27-3.2

Amended by 49 N.J.R. 2968(b), effective 9/5/2017