Wis. Admin. Code Department of Administration Adm 50.04 - Contract provisions

(1) In addition to the requirement of s. 16.765(2), Stats., every contracting agency of the state shall include in all contracts executed by it, provisions which are in substantial conformity with the following:

(a) The contractor agrees to make every reasonable effort to develop a balance in either its total workforce or in the project-related workforce that is based on a ratio of work hours performed by persons with disabilities, minorities, and women except that, if the department finds that the contractor is allocating its workforce in a manner which circumvents the intent of this chapter, the department may require the contractor to attempt to create a balance in its total workforce. The balance shall be at least proportional to the percentage of minorities and women present in the relevant labor markets based on data prepared by the department of workforce development, the office of federal contract compliance programs or by another appropriate governmental entity. In the absence of any reliable data, the percentage for qualified persons with disabilities shall be at least 2% for whom a contractor must make a reasonable accommodation.

(b) The contractor shall develop and submit to the department, within 15 working days after the commencement date set in the official notice to proceed for construction work or 15 days after the date the contract is awarded for all other contracts, one copy of the written affirmative action plan or a copy of a current plan which has been approved by an agency of the federal, state or local government.

(c) Within 15 days after awarding each subcontract, the contractor shall submit one copy of the affirmative action plan of each subcontractor to the department.

(2) The contractor shall, in all solicitations or advertisement for employees placed by it or on its behalf, state that all qualified applicants shall receive consideration for employment without regard to age, race, religion, color, disability, sex, physical condition, developmental disability as defined in s. 51.01(5), Stats., sexual orientation as defined in s. 111.32(13m), Stats., or national origin.

(3) The contractor shall furnish all information and reports required by the department and shall permit access to payroll records and accounts for purposes of investigations to ascertain compliance.

(4) In the event the contractor is found not to be in compliance with the nondiscrimination and affirmative action provisions of this contract, the contractor shall be given 30 working days from the date of notice to meet the compliance requirements. Should the contractor fail to comply within 30 working days, the department shall initiate action as provided by s. 16.765, Stats., and these rules.

(5) The contractor shall regularly submit an employment report as required by the department showing the number of contractor's employees by sex and ethnic background as well as employees with disabilities for each job category established by the U.S. office of federal contract compliance programs.

(6) The contractor shall invite all employees to voluntarily identify themselves if they have a disability, to the contractor. The invitation shall state that the information is voluntarily provided, that it will be kept confidential except for the purposes of this chapter, and that refusal to provide it will not subject the employee to any adverse treatment.

(7) The contractor shall include the provisions of s. 16.765(2), Stats., and subs. (1) through (6) in every subcontract so that such provisions will be binding upon each subcontractor.

(8) Upon petition of a contractor, the department may waive inclusion in an affirmative action plan of data represented to be confidential, where disclosure would disadvantage the contractor. Waiver shall not be granted when information is essential to the evaluation of affirmative action programs or the completion of a compliance review.

Notes

Wis. Admin. Code Department of Administration Adm 50.04

Cr. Register, July, 1981, No. 307, eff. 8-1-81; corrections in (1) and (7) made under s. 13.93(2m) (b) 7, Stats., Register, July, 1999, No. 523. Amended by, CR 21-110: am. (1) (a), (2), (5), (6) Register June 2022 No. 798, eff. 7/1/2022 Amended by, correction in (1) (a) made under s. 13.92 (4) (b) 6, Stats., Register June 2023 No. 810, eff. 7/1/2023