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State of New Jersey - Division of Purchase & Property Contract Compliance Audit Unit EEO Monitoring Program
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Executive Summary
This document outlines the guidelines for administering Equal Employment Opportunity (EEO) in public contracts for public agencies in New Jersey, pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27. It details the responsibilities of public agencies to ensure compliance with EEO/AA requirements, including designating a Public Agency Compliance Officer (PACO), incorporating mandatory language in advertisements and contracts, and obtaining affirmative action evidence from vendors and contractors. The document also covers specific requirements for construction contracts, including training fund allocations for state agencies and additional mandatory contract language. Agencies must submit the name, title, address, telephone number, fax, and email address of the PACO designated by the Public Agency no later than January 10th of each year.
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--- Document: State of New Jersey - Division of Purchase & Property Contract Compliance Audit Unit EEO Monitoring Program Document ---
STATE OF NEW JERSEY
DEPARTMENT OF THE TREASURY
DIVISION OF PURCHASE & PROPERTY
CONTRACT COMPLIANCE AUDIT UNIT
EEO MONITORING PROGRAM
(Revised 12/11)
WWW.STATE.NJ.US/TREASURY/CONTRACT_COMPLIANCE
Telephone:(609) 292-5473
Fax:(609) 292-1102
PUBLIC AGENCY
Guidelines for Administering EEO in Public Contracts
Pursuant to:N.J.S.A.10:5-31 et. seq. and
N.J.A.C.17:27
2
Forward
Procurement and contracting responsibilities are a
fundamental part of government. Successful implementation
of these functions includes the recognition and awareness of
Equal Employment Opportunities for minorities and women
under the law (N.J.S.A. 10:5-31 et seq.).
These guidelines have been prepared to assist you in
administering the spirit as well as the letter of this law.
3
Public Agency Guidelines For Administering EEO in Public
Contracts
Page
1. General
1-5
2. Summary of Public Agency Requirements
5-10
2.1 Public Agency Compliance Officer
5
2.2 Mandatory Bid Advertisement Language
6
2.3 Mandatory Contract Language
6
2.4 Affirmative Action Evidence
6
2.5 Emergency Contracts
6-7
2.6 Forms
7-8
2.7 Web– Enabled Forms
8
2.8 Training Fund Requirements
8
2.9 Public Agency Sanctions & Penalties 8-10
3. Attachments
Page
1. General Exit Interview Acknowledgment Form
11
2. Designation of Public Agency Compliance Officer
12
3. Exhibit A: Mandatory EEO Language for Goods, Professional Services
13-14
and General Service Contracts
4. Exhibit B: Mandatory EEO Language for Construction Contracts
15-18
5. Sample Federal Letter of Approval, U.S Department of Labor
19
6. Sample Certificate of Employee Information Report
20
7. Form AA302, Employee Information Report
21
8. Form AA201, Initial Project Workforce Report-Construction
22
9. Form AA202, Monthly Project Workforce Report-Construction
23
10. Affirmative Action Procedures Flow Chart
24
11. Construction Contractor Instructions for Using Web– Enabled Forms
25
12. Goods and Services Vendor Instructions for Using Web– Enabled Forms
26
13. Sample Training Fund Verification Notice State Agencies, Independent Authorities, Colleges 27
and Universities Only
14. Sample Training Fund Verification Notice for Local Government Only 28
15. Additional Mandatory Construction Contract Language for State Agencies, Independent 29
Authorities, Colleges and Universities Only
TABLE OF CONTENTS
4
General
All Public Agencies that award contracts to vendors (goods, services and professional service) and/or con-
struction contractors are required to comply with N.J.S.A. 10:5-31 et seq. and its implementing regulations at
N.J.A.C. 17:27-1.1 et seq. The Division of Purchase & Property Contract Compliance Audit Unit EEO Moni-
toring Program (hereafter referred to as “Division”) is responsible for ensuring compliance with the statute
and regulations. As such, the Division monitors the labor workforce employed by goods, services and profes-
sional service vendors that receive public funds.
In addition, as the law and regulations pertain to Public Agencies, Division representatives periodically re-
view Public Agency contracting processes to ensure that they are complying with EEO/AA requirements. The
result of such review will be a determination that the agency is performing its statutory functions in a
“Satisfactory” or “Unsatisfactory” manner. If the result is “Satisfactory” the agency need only maintain its
compliance. If the result is “Unsatisfactory” the agency may be required to make corrections to its processes
and schedule an additional review with Division representatives to ensure that all corrections have been com-
pleted. An unsatisfactory review may result in the issuance of sanctions or referral to the Attorney General for
appropriate enforcement action in cases of continued non-compliance.
Public agencies shall comply with the following requirements set forth at N.J.A.C. 17:27-3.2 in order to en-
sure equal employment opportunity in public contracting:
Comply with any regulations promulgated by the Division with respect to their obligations to assist with
equal employment opportunity and affirmative action compliance and enforcement efforts.
Cooperate fully with the Division in the establishment and 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;
Include mandatory equal employment opportunity and affirmative action language in its advertisements, bids
specifications and contracts;
Include in each contract the State’s intent to carry out its responsibilities requiring equal employment oppor-
tunity 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.
Provide vendors and construction contractors with documentation describing the relevant law and rules and,
as requested, copies of same.
Provide to the Division any information which indicates that a construction contractor or goods and services
vendor is not in compliance with equal employment opportunity requirements and fully cooperate in any Di-
vision investigation of such entity’s compliance with these requirements;
Provide the Division with such other information as it shall request and as shall be necessary to enable the
Division to fulfill its mission;
Public Agency Guidelines For Administering
EEO in Public Contracts
5
Require parties to contracts awarded by the public agency to certify that they are in compliance with equal
employment opportunity and affirmative action in public contracting requirements by presenting mandatory
evidence;
Include in any public contract a provision 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 pro-
viding 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 contrac-
tor’s aggregate rating or such other action as provided by law, and;
A Public Agency may, at any time, request technical assistance from the Division. Such assistance shall con-
sist of a Division representative visiting the Public Agency and explaining the requirements of the statute and
regulations, including an acknowledgement of receipt of technical assistance (see Attachment #1). A finding
of “Satisfactory” or “Unsatisfactory” will not be made at that time.
2.0 Summary of Public Agency Requirements
2.1 Public Agency Compliance Officer
In accordance with N.J.A.C. 17:27-3.2 , each public agency shall designate an individual to serve as its Pub-
lic Agency Compliance Officer or P.A.C.O. (see Attachment#2). The P.A.C.O. is the liaison between the Di-
vision and the Public Agency and is the Public Agency point of contact for all matters concerning implemen-
tation and administration of the statute. The P.A.C.O. is also responsible for administering contracting proce-
dures pertaining to equal employment opportunity regarding both the Public Agency and the service provid-
ers. The service provider shall include but shall not be limited to goods and services vendors, professional ser-
vice vendors and construction contractors. As such, the P.A.C.O. must have the authority to recommend
changes to effectively support the implementation of the statue and its regulations.
Each year, all Public Agencies are required to submit the name, title, address, telephone, number, fax, and
email address of the P.A.C.O. designated by the Public Agency. This information must be submitted to the
Division no later than January 10th of each year. In addition, it shall be the responsibility of the Public
Agency to update the P.A.C.O. designation at any time during the year if any changes are made concerning
the designated P.A.C.O.
Public Agency Guidelines For Administering
EEO in Public Contracts
6
2.2 Mandatory Bid Advertisement Language
As part of the review procedures, Division representatives will review the language in a Public Agency’s ad-
vertisement for the receipt of bids, solicitations and/or request for proposals to ensure that the Public Agency
has complied with N.J.A.C. 17:27-1.1 et seq. Accordingly, all Public Agencies must include the following
language in all solicitations or advertisements for bid:
Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27
For all contracts exempt from Public bidding, the Public Agency shall include the following language in its
solicitation:
If awarded a contract, your company/firm shall be required to comply with the requirements of N.J.S.A. 10:5-
31 et seq. and N.J.A.C. 17:27
2.3 Mandatory Contract Language
All contracts issued by a Public Agency must contain the mandatory affirmative action language set forth in
N.J.A.C. 17:27-1.1 et seq. During a review, Division representatives will review the Public Agency’s con-
tracts to ensure compliance with this provision.
For all goods, services and professional service vendors, Public Agency contracts must include the affirma-
tive action language of Exhibit A ( see Attachment # 3).
For all construction contracts, Public Agency contracts must include the affirmative action language of
Exhibit B (see Attachment #4). Additional mandatory language for State Agencies, Independent Authorities,
Colleges and Universities is also required as a result of Executive Order No. 151 and P.L. 2009, Chapter 335
(see attachment #15).
2.4 Affirmative Action Evidence
All successful bidders (goods and services vendors, professional service vendors and construction contrac-
tors) are required to submit evidence of appropriate affirmative action compliance to the Division and the
awarding Public Agency. During a review, Division representatives will review the Public Agency files to
determine whether the affirmative action evidence has been submitted by the vendor/contractor. Specifically,
each vendor/contractor shall submit to the Public Agency, prior to execution of Public Agency contract, one
of the following documents:
Goods, Professional Services and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing Federally approved or sanc-
tioned affirmative action program. A copy of the approval letter is to be provided by the vendor to the
Public Agency and the Division (see Attachment # 5).
This approval letter is valid for one year from the date of issuance. Or,
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Public Agency as evi-
dence of its compliance with the regulations. The Certificate represents the review and approval of the ven-
dor’s Employee Information Report, Form AA-302 by the Division (see Attachment #6).
Public Agency Guidelines For Administering
EEO in Public Contracts (cont)
7
The period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to their
expiration date in order to remain valid. Or,
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to the Divi-
sion with $150.00 Fee and forward a copy of the Form to the Public Agency (see Attachment #7). Upon sub-
mission and review by the Division, this report shall constitute evidence of compliance with the regulations.
After notification of award but prior to execution of goods and services and professional services contracts,
the EEO/AA evidence must be submitted.
Construction Contractors
The construction contractors shall complete and submit an Initial Project Workforce Report (see Attachment
# 8) Form AA-201 upon notification of award. Proper completion and submission of this report shall
constitute evidence of the contractor’s compliance with the regulations. Failure to submit this form may result
in the contract being terminated. The contractor also agrees to submit a copy of the Monthly Project Work-
force Report (see Attachment #9) Form AA-202 once a month thereafter for the duration of the contract to
the Division and to the public agency compliance officer.
After notification of award, but prior to signing a construction contract the EEO/AA evidence must be sub-
mitted. All Public Agencies must retain the Affirmative Action evidence in their files for review by the Divi-
sion. (see Attachment #10 for a summary of EEO/AA procedure set forth above).
2.5 Emergency Contracts
A Public Agency may award a contract without an approved affirmative action program in an emergency
situation. In such a situation, the Public Agency shall document that an actual or imminent emergency exists,
which requires the Public Agency to immediately award a contract for construction or the delivery of goods
and services, including professional services, and that to delay the award of the contract would endanger pub-
lic health, safety, welfare or property. The contractor shall be required to comply with the EEO/AA regula-
tions prior to receiving payment. In the event that a Public Agency awards an emergency contract, the Public
Agency is also required to provide the goods and services vendor, professional service vendor and/or the con-
struction contractor with the appropriate language (Exhibit A or Exhibit B) and obtain the proper Affirmative
Action evidence.
2.6 Forms
Goods, Professional Services and General Service Contracts
Upon award of a Goods and Services or Professional Services contract, it is the responsibility of the Public
Agency to provide the vendor with the Initial Employee Information Report, Form AA-302, if the vendor
doesn’t have a Certificate or Letter of Federal Approval. The Division does not supply this form to the
Vendor. If the Public Agency requires a supply of forms, the Public Agency may download the forms elec-
tronically at the following website address http://www.state.nj.us/treasury/contract_compliance/forms.shtml
or call (609) 292– 5473 to have the forms emailed to the PACO.
If the vendor has an expired certificate, the vendor must apply directly to the Division for a Renewal Form
AA-302, Employee Information Report. As early as 90 days prior to the expiration of a certificate, a vendor
may submit an application for renewal of the Certificate with the required $150.00 fee. A vendor may obtain
a duplicate Certificate for a fee of $75.00.
Public Agency Guidelines For Administering
EEO in Public Contracts (cont)
8
Construction Contracts
Upon award of a construction contract, it shall be the responsibility of the Public Agency to provide the con-
tractor with Form AA-201, Initial Project Workforce Report. The Division does not supply this form to the
contractor. If the Public Agency requires a supply of forms, the Public Agency may download the forms elec-
tronically at the following website address http://www.state.nj.us/treasury/contract_compliance/forms.shtml
or call (609) 292– 5473 to have the forms emailed to the PACO.
2.7 Web– Enabled Forms
The Division has web-enabled its Form AA-302 , Employee Information Report (Renewal Report for Goods
and Services and Professional Service Vendors) and the Form AA-202, Monthly Project Workforce Report
for Construction Contractors. Vendors and contractors may obtain these forms directly from the Division or
may obtain and complete these forms by accessing: www.state.nj.us/treasury/contract_compliance (see Attach-
ments # 11 & #12) . Instructions for usage are attached. Please note, contractors and vendors are responsible
for sending copies of the forms to the public agency.
2.8 Training Fund Requirements
The Division also ensures that all State government agencies, including Independent Authorities, Colleges
and Universities allocate one half of one percent of the total cost of a construction project awarded by State
agencies that are equal to or greater than $1 million for the training of minorities and women in the construc-
tion trades in accordance with N.J.A.C. 17:27-12.1, E.O. No.151 and P.L. 2009, Chapter 313 and 335. The
State Agency must forward the training funds to the Department of Labor and Workforce Development im-
mediately upon award of the contract. It must also provide the Division with a Training Fund letter certifying
that the funds have been allocated and released to the Department of Labor and Workforce Development (see
Attachment #13). The funds are used to train minorities and women in the Construction Trades through the
NJ Build Program and thereby builds a pool of qualified minorities and women for employment on public
works projects. It is noted that local governments are also required to allocate and release training funds under
P.L. 2009, Chapter 313 (see Attachment #14). However, the Division has held implementation of this law as
it applies to local governments in abeyance pending Attorney General advice on certain issues. For more in-
formation about these requirements contact the Division. For information about the NJ Build Program contact
the Department of Labor and Workforce Development at 609-292-5747.
2.9 Public Agency Sanctions and Penalties
The Division, acting on its own initiative or in response to a written complaint or allegation from an interested
party, shall investigate any written complaint or allegation of a violation of this chapter by a public agency. If
the Division determines that there is a substantial probability that a violation is occurring, it may issue an ad-
visement letter to a public agency. The advisement letter shall explain in sufficient detail the facts of the al-
leged violation.
If the public agency does not correct or sufficiently address to the satisfaction of the Division the alleged pub-
lic agency violation explained in the letter of advisement within thirty (30 days) of the agency’s receipt of the
letter of advisement, the Division may conduct a further review or issue a show cause letter to said public
agency. Said show cause letter shall explain in sufficient detail the facts of the continuing violation.
Public Agency Guidelines For Administering
EEO in Public Contracts (cont)
9
2.9 Public Agency Sanctions and Penalties (continued)
Within 10 business days of receiving a show cause letter, the public agency shall submit a written statement
explaining why it should not be found to have violated the Law Against Discrimination. If the Division deter-
mines that the public agency has not adequately explained why it is not in violation of the Law Against Dis-
crimination or if the Division determines that the violation may constitute a violation of the Law Against Dis-
crimination and is continuing to occur, then it shall refer said public agency to the Attorney General’s Office
for further action consistent with N.J.S.A. 10:5-36.
A meeting with, or technical assistance provided by an official of the Division may be requested by a contrac-
tor and/or subcontractor or public agency at any time, whether or not a violation has been alleged.
The following circumstances shall constitute some of the indicia of a party’s failure to meet the requirements
of this Chapter or of an affirmative action plan, which may form the basis for a finding of a violation by the
Division. These indicia are a representative sampling of indicia, but are not intended to constitute the only
indicia that may be considered by the Division in its determination as to whether a violation has occurred:
a. Failure of a Public Agency to pay one half of one percent of the total cost of the construction project, that is
the subject of one or more construction contracts and equal to or greater than $1,000,000, to the Department
of Labor for the outreach and training of minorities and women in the construction trades in accordance with
the notice required pursuant to N.J.A.C. 17:27-12.1.
b. Failure to include mandatory language in bids, advertisements, contracts or specifications.
c. Failure to obtain affirmative action evidence from vendor/contractor.
d. Failure to submit the Public Agency Compliance Officer (P.A.C.O.) Letter or to notify the Division of
changes in P.A.C.O. designation.
e. Failure to cooperate fully with the Division in the establishment and implementation of guidelines for de-
termining whether a contractor or vendor has failed to provide equal employment opportunity in the hiring of
minorities and women on public contracts.
f. Failure to provide the Division with such other information as it shall request and as shall be necessary to
enable the Division to fulfill its mission.
Public Agency Guidelines For Administering
EEO in Public Contracts (cont)
10
2.9 Public Agency Sanctions and Penalties (continued)
When the Director finds that a public agency has violated the Act or its implementing rules, the Treasurer is
authorized to assess and collect fines in the amounts and time frames that follow:
First Violation – $250.00 per day for each violation during which the violation continues.
Second Violation – not more than $500.00 per day for each violation for each day during which the violation
continues.
Third and Subsequent Violations – not less than $500.00 per day for each violation but not more than
$1,000.00 per day for each violation.
All fines and penalties shall be paid within 30 business days of the date of the final order. Failure to pay such
penalties and fines shall result in a judgment being obtained in a court of competent jurisdiction.
All fines shall be made payable to the Treasurer, State of New Jersey. All payments shall be made by certi-
fied check or money order, or payable in a form suitable to the Treasurer.
The Division may also recommend that the contracting agency withhold payment from a non-compliant
contractor in accordance with E.O. No. 151 and P.L. 2009, Chapter 335.
Note: Public Agencies shall have the Right to Appeal imposition of a sanction or penalty as provided at
N.J.A.C. 17:27-10.8
Public Agency Guidelines For Administering
EEO in Public Contracts (cont)
11
Attachment 1
12
Attachment 2
13
Attachment 3
(REVISED 4/10)
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)
N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
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 af-
forded to such applicants in recruitment and employment, and that employees are treated during employment,
without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orienta-
tion, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall in-
clude, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruit-
ment 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 appli-
cants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of
this nondiscrimination clause.
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 employ-
ment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orien-
tation, gender identity or expression, disability, nationality or sex.
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 of the contractor's
commitments under this chapter and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the
Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans
with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment
goals established in accordance with N.J.A.C. l7:27‑5.2.
14
EXHIBIT A (Cont)
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but
not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does
not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or
sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the
use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure
that all personnel testing conforms with the principles of job‑related testing, as established by the statutes and
court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal
court decisions.
In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all
procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken
without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orienta-
tion, gender identity or expression, disability, nationality or sex, consistent with the statutes and court deci-
sions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to execution of a
goods and services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302 (electronically provided by the Division and distributed to
the public agency through the Division’s website at www.state.nj.us/treasury/contract_compliance)
The contractor and its subcontractors shall furnish such reports or other documents to the Division of
Purchase & Property, CCAU, EEO Monitoring Program as may be requested by the office from time to time
in order to carry out the purposes of these regulations, and public agencies shall furnish such information as
may be requested by the Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting a
compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.
15
Attachment 4
(REVISED 4/10)
EXHIBIT B
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)
N.J.A.C. 17:27
CONSTRUCTION CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for em-
ployment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orienta-
tion, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orien-
tation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded
to such applicants in recruitment and employment, and that 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, up‑grading, demotion, or transfer; recruitment or recruitment adver-
tising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including ap-
prenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for em-
ployment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondis-
crimination clause.
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 with-
out regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gen-
der identity or expression, disability, nationality or sex.
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 em-
ployees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the
Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Ameri-
cans with Disabilities Act.
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 em-
ployment goal prescribed by N.J.A.C. l7:27‑7.2; provided, however, that the Dept. of LWD, Construction EEO
Monitoring Program may, in its discretion, exempt a contractor or subcontractor from compliance with the good
faith procedures prescribed by the following provisions, A, B and C, as long as the Dept. of LWD, Construction
EEO Monitoring Program is satisfied that the contractor or subcontractor is employing workers provided by a un-
ion which provides evidence, in accordance with standards prescribed by the Dept. of LWD, Construction EEO
Monitoring Program, 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. l7:27‑7.2. The
contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures:
16
EXHIBIT B (Cont)
(A)
If the contractor or subcontractor has a referral agreement or arrangement with a union for a construc-
tion 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 obliga-
tions under this contract and in accordance with the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5-
31 et. seq., as supplemented and amended from time to time and the Americans with Disabilities Act. If the con-
tractor 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 em-
ployment opportunities 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, consis-
tent with this chapter, by complying with the hiring or scheduling procedures prescribed under (B) below; and the
contractor or subcontractor further agrees to take said action immediately if it determines that the union is not re-
ferring minority and women workers consistent with the equal employment opportunity goals set forth in this chap-
ter.
(B)
If good faith efforts to meet targeted employment goals have not or cannot be met for each construc-
tion trade by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or
arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following ac-
tions:
(l) To notify the public agency compliance officer, the Dept. of LWD, Construction EEO Monitoring Program, and
minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce
needs, and request referral of minority and women workers;
(2) To notify any minority and women workers who have been listed with it as awaiting available vacancies;
(3) Prior to commencement of work, to request that the local construction trade union refer minority and women
workers to fill job openings, provided the contractor or subcontractor has a referral agreement or arrangement with
a union for the construction trade;
(4) To leave standing requests for additional referral to minority and women workers with the local construction
trade union, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the
construction trade, the State Training and Employment Service and other approved referral sources in the area;
(5) If it is necessary to lay off some of the workers in a given trade on the construction site, layoffs shall be con-
ducted in compliance with the equal employment opportunity and non-discrimination standards set forth in this
regulation, as well as with applicable Federal and State court decisions;
(6) To adhere to the following procedure when minority and women workers apply or are referred to the contractor
or subcontractor:
17
EXHIBIT B (Cont)
(i) The contactor or subcontractor shall interview the referred minority or women worker.
(ii) If said individuals have never previously received any document or certification signifying a level of qualifica-
tion lower than that required in order to perform the work of the construction trade, the contractor or subcontractor
shall in good faith determine the qualifications of such individuals. The contractor or subcontractor shall hire or
schedule those individuals who satisfy appropriate qualification standards in conformity with the equal employ-
ment opportunity and non-discrimination principles set forth in this chapter. However, a contractor or subcontrac-
tor shall determine that the individual at least possesses the requisite skills, and experience recognized by a union,
apprentice program or a referral agency, provided the referral agency is acceptable to the Dept. of LWD, Construc-
tion EEO Monitoring Program. If necessary, the contractor or subcontractor shall hire or schedule minority and
women workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited by
the provisions of (C) below.
(iii) The name of any interested women or minority individual shall be maintained on a waiting list, and shall be
considered for employment as described in (i) above, whenever vacancies occur. At the request of the Dept. of
LWD, Construction EEO Monitoring Program, the contractor or subcontractor shall provide evidence of its good
faith efforts to employ women and minorities from the list to fill vacancies.
(iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is not
qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor shall
inform the individual in writing of the reasons for the determination, maintain a copy of the determination in its
files, and send a copy to the public agency compliance officer and to the Dept. of LWD, Construction EEO Moni-
toring Program.
(7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered by
the contract, on forms made available by the Dept. of LWD, Construction EEO Monitoring Program and submitted
promptly to the Dept. of LWD, Construction EEO Monitoring Program upon request.
(C) The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor
or subcontractor from complying with the union hiring hall or apprenticeship policies in any applicable collective
bargaining agreement or union hiring hall arrangement, and, where required by custom or agreement, it shall send
journeymen and trainees to the union for referral, or to the apprenticeship program for admission, pursuant to such
agreement or arrangement. However, where the practices of a union or apprenticeship program will result in the
exclusion of minorities and women or the failure to refer minorities and women consistent with the targeted county
employment goal, the contractor or subcontractor shall consider for employment persons referred pursuant to (B)
above without regard to such agreement or arrangement; provided further, however, that the contractor or subcon-
tractor shall not be required to employ women and minority advanced trainees and trainees in numbers which re-
sult in the employment of advanced trainees and trainees as a percentage of the total workforce for the construction
trade, which percentage significantly exceeds the apprentice to journey worker ratio specified in the applicable
collective bargaining agreement, or in the absence of a collective bargaining agreement, exceeds the ratio estab-
lished by practice in the area for said construction trade. Also, the contractor or subcontractor agrees that, in im-
plementing the procedures of (B) above, it shall, where applicable, employ minority and women workers residing
within the geographical jurisdiction of the union.
18
EXHIBIT B (Cont)
After notification of award, but prior to signing a construction contract, the contractor shall submit to the public
agency compliance officer and the Dept. of LWD, Construction EEO Monitoring Program an initial project work-
force report (Form AA 201) electronically provided to the public agency by the Dept. of LWD, Construction EEO
Monitoring Program, through its website, for distribution to and completion by the contractor, in accordance with
N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a
month thereafter for the duration of this contract to the Division and to the public agency compliance officer.
The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary, for
on‑the‑job and/or off‑the‑job programs for outreach and training of minorities and women.
(D) The contractor and its subcontractors shall furnish such reports or other documents to the Dept. of LWD,
Construction EEO Monitoring Program as may be requested by the Dept. of LWD, Construction EEO Monitoring
Program from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish
such information as may be requested by the Dept. of LWD, Construction EEO Monitoring Program for conduct-
ing a compliance investigation pursuant to Subchapter l0 of the Administrative Code (NJAC 17:27).
19
U.S. Department of Labor
Employment Standards Administration
Office of Federal Control Compliance Programs
Newark Area Office
124 Evergreen Place, Fourth Floor
East Orange, NJ 07108
February 27, 20__
Dear
Our recent compliance review of your establishment’s equal employment opportunity policies and practices was completed
on February 27, 20__.
We found no apparent deficiencies or violations of Executive Order 11266, as amended , Section 503 of the Rehabilitation
Act of 1973 or 38 USC 2012 (the Vietnam Era Victorians Readjustment Assistance Act). Accordingly, your establishment is
deemed to be in compliance with these laws based on the material reviewed.
The Office of Federal Contract Compliance Programs sincerely appreciates the cooperation and courtesies extended by you
and your staff during the conduct of the compliance review.
Sincerely,
Area Office Director.
Attachment 5
Sample Federal Letter of Approval
20
SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
Attachment # 6
21
Attachment 7
22
Attachment 8
23
Attachment 9
24
EEO/AA Procedures In Awarding Public Contracts
Include Manda-
tory Language in
advertisements for
receipt
of
bids,
s o l i c i t a t i o n
and/or request for
proposals.
Include appropri-
ate
Mandatory
L a n g u a g e
i n
contracts and bid
specifications.
Obtain
Required
EEO/AA evidence
from contractor or
vendor.
Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq
Goods, Professional Services,
and General Service Contracts
Mandatory Language of
Exhibit A
All successful Vendors must
submit one of the following
forms of evidence:
1. Copy Letter of Federal
Approval
Or
2. Certificate of Employee In-
formation Report
Or
3. Complete Form AA302
(Employee Information
Report)
EEO/AA Evidence must
be submitted after
notification of award,
but prior to signing of a
goods and services
contract
Construction Contracts
Mandatory Language of Exhibit B
Additional Mandatory Language
E.O. No. 151 & P.L. 2009, Chapter 335
(State Agencies, Independent Authori-
ties, Colleges & Universities Only)
All successful construction contractors
must submit the following form of
evidence:
1. Complete Form AA201 (Initial
Project Workforce Report)
EEO/AA Evidence must be
submitted after notification of
award, but prior to signing of a
construction contract
PUBLIC CONTRACT EEO/AA
COMPLIANCE PROCEDURES FLOW CHART
Attachment 10
25
For your convenience, all contractors now have 2 options in filing the Equal Employment Opportunity
Compliance AA202, Monthly Project Workforce Report form. As always, you may complete the form
manually and mail it to the Dept. of Labor & Workforce Development, Construction Compliance Program,
with a copy to the Public Agency Compliance Officer, or you may input your employment data directly onto
the AA202 form located on our website, with a copy to the Public Agency Officer. To access the Division’s
website, simply follow these steps:
1.
Type www.state.nj.us/treasury/contract _compliance/
2.
Select the “Premier Business Services Online Forms Account Instructions” link.
3.
Please follow all the instructions to set up online access to the New Web Applica-
tion.
The New Web Application will provide access to current and past reports that can be
printed and submitted to the Public Agency awarding the contract as required.
NJ Department of Labor & Workforce Development
Construction EEO Monitoring Program
PO Box 209
Trenton, New Jersey 08625-0209
STATE OF NEW JERSEY
DEPARTMENT OF LABOR & WORKFORCE DEVELOPMENT
CONSTRUCTION EEO MONITORING PROGRAM
Attachment 11
ATTENTION ALL CONSTRUCTION CONTRACTORS
26
For your convenience, all goods, professional services and general service vendors now have 2 options in fil-
ing the Division of Purchase & Property, Contract Compliance Audit Unit, EEO Monitoring Program AA302,
Employee information Report Renewal and Vendor Activity Summary Report forms. As always, you may
complete the form manually and mail it to this Division, or you may input your employment data directly onto
the AA302 and Vendor Activity Summary Report located on our website. To access the Division’s website,
simply follow these steps:
1.
Type www.state.nj.us/treasury/contract _compliance/
2.
Select the “Premier Business Services Online Forms Account Instructions” link.
3.
Please follow all the instructions to set up online access to the New Web
Application.
4.
Once your Renewal Forms have been completed online, please mail your
Certificate fee with a check in the amount of $150.00 payable to
“The Treasurer, State of New Jersey” to:
NJ Department of the Treasury
Division of Purchase & Property
Contract Compliance Audit Unit
EEO Monitoring Program
PO Box 206
Trenton, New Jersey 08625-0206
STATE OF NEW JERSEY
DEPARTMENT OF THE TREASURY
DIVISION OF PURCHASE & PROPERTY
CONTRACT COMPLIANCE AUDIT UNIT
EEO MONITORING PROGRAM
Attachment 12
ATTENTION
ALL
GOODS,
PROFESSIONAL
SERVICES
AND
GENERAL SERVICE VENDORS
27
Attachment 13
Sample Training Fund Verification Notice
For State Agencies, Independent Authorities, Colleges and
Universities Only
(Use Agency Letterhead)
April 1, 200_
Department of Treasury
Division of Purchase & Property
Contract Compliance Audit Unit
EEO Monitoring Program
PO Box 206
Trenton, New Jersey 08625-0206
Dear Sir or Madam:
Please be advised that <name of contracting agency> awarded contracts totaling
$7,986,000 for renovations to the <title of construction project> .
In accordance with N.J.A.C. 17:27-12.1 and E.O. No. 151 and P.L. 2009, Chapter
313 and 335, the <name of State agency> has allocated and released $39,930.00 to
the New Jersey Department of Labor and Workforce Development on <date> for
the financing of outreach and training programs for minorities and women in the
construction trades.
By this notification we have met the EEO/AA requirements with respect to the
training fund allocation.
Sincerely,
Jane Doe, PACO
c:
28
Attachment 14
Sample Training Fund Verification Notice
For Local Government Only
(Use Agency Letterhead)
April 1, 200_
Department of Treasury
Division of Purchase & Property
Contract Compliance Audit Unit
EEO Monitoring Program
PO Box 206
Trenton, New Jersey 08625-0206
Dear Sir or Madam:
Please be advised that <name of contracting agency> awarded contracts totaling
$7,986,000 for the <title of construction project> .
In accordance with the P.L. 2009, c. 313, the <name of Public agency> has allo-
cated $39,930.00 on <date> for the financing of outreach and training programs
for minorities and women in the construction trades. As per your directive, we
have allocated these funds in our records only and are holding their release to the
Dept. of Labor & Workforce Development in abeyance until certain issues regard-
ing the law’s implementation have been addressed by the Attorney General.
By this notification we have met the EEO/AA requirements with respect to the
training fund allocation.
Sincerely,
Jane Doe, Business Administrator
c:
29
Attachment 15
Additional Mandatory Construction Contract Language
For State Agencies, Independent Authorities, Colleges and
Universities Only
The Executive Order No. 151 (Corzine, August 28, 2009) and P.L. 2009, Chapter 335 include a
provision which require all state agencies, independent authorities and colleges and universities
to include additional mandatory equal employment and affirmative action language in its con-
struction contracts. It is important to note that this language is in addition to and does not re-
place the mandatory contract language and good faith efforts requirements for construction con-
tracts required by N.J.A.C. 17:27-3.6, 3.7 and 3.8, also known as Exhibit B. The additional
mandatory equal employment and affirmative action language is as follows:
It is the policy of the [Reporting Agency] that its contracts should create a work-
force that reflects the diversity of the State of New Jersey. Therefore, contractors
engaged by the [Reporting Agency] to perform under a construction contract shall
put forth a good faith effort to engage in recruitment and employment practices that
further the goal of fostering equal opportunities to minorities and women.
The contractor must demonstrate to the [Reporting Agency]’s satisfaction that a
good faith effort was made to ensure that minorities and women have been af-
forded equal opportunity to gain employment under the [Reporting Agency]’s
contract with the contractor. Payment may be withheld from a contractor’s con-
tract for failure to comply with these provisions.
Evidence of a “good faith effort” includes, but is not limited to:
1. The Contractor shall recruit prospective employees through the State Job bank
website, managed by the Department of Labor and Workforce Development, avail-
able online at http://NJ.gov/JobCentralNJ;
2. The Contractor shall keep specific records of its efforts, including records of all
individuals interviewed and hired, including the specific numbers of minorities and
women;
3. The Contractor shall actively solicit and shall provide the [Reporting Agency]
with proof of solicitations for employment, including but not limited to advertise-
ments in general circulation media, professional service publications and electronic
media; and
4. The Contractor shall provide evidence of efforts described at 2 above to the
[Reporting Agency] no less frequently than once every 12 months.
5. The Contractor shall comply with the requirements set forth at N.J.A.C. 17:27.
To ensure successful implementation of the Executive Order and Law, state agencies, independ-
ent authorities and colleges and universities must forward an Initial Project Workforce Report
(AA 201) for any projects funded with ARRA money to the Dept. of LWD, Construction EEO
Monitoring Program immediately upon notification of award but prior to execution of the con-
tract.
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Apr 1, 2026
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Apr 1, 2026
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