N.J. Admin. Code § 17:27-3.5

Current through Register Vol. 56, No. 19, October 7, 2024

Section 17:27-3.5 - Mandatory language for goods and services bid specifications and contracts (Exhibit A)

(a) A public agency shall include in all bid specifications and contracts for goods and services the language required by 17:27-3.7(a). Also, bid specifications and contracts for goods and services, that are not subject to a Federally approved or sanctioned affirmative action program, shall include the following additional language:

1. Each 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:

i. Appropriate evidence that the contractor is operating under an existing Federally approved or sanctioned affirmative action program;

ii. A certificate of employee information report approval, issued in accordance with N.J.A.C. 17:27-4; or

iii. An employee information report (Form AA302) electronically provided by the Division and distributed to the public agency, through the Division's website, to be completed by the contractor, in accordance with N.J.A.C. 17:27-4.

2. During the performance of this contract, the contractor agrees as follows:

i. 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 afforded to such applicants in recruitment and employment, and that all 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, upgrading, demotion, or transfer; recruitment or recruitment 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 applicants for employment, notices to be provided by the public agency compliance officer setting forth provisions of this nondiscrimination clause;

ii. 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 without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex;

iii. 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; and

iv. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to 10:5-31 et seq., as amended and supplemented from time to time.

N.J. Admin. Code § 17:27-3.5

Amended by R.1988 d.522, effective 11/7/1988.
See: 20 N.J.R. 1780(a), 20 N.J.R. 2795(b).
Substantially amended.
Recodified from N.J.A.C. 17:27-3.3 and amended by R.2004 d.450, effective 12/6/2004.
See: 36 N.J.R. 2623(b), 36 N.J.R. 5443(b).
Rewrote the section. Former N.J.A.C. 17:27-3.4, Mandatory contract language and additional mandatory bid specification language, repealed.
Recodified from N.J.A.C. 17:27-3.4 and amended by R.2008 d.307, effective 10/20/2008.
See: 40 N.J.R. 3601(a), 40 N.J.R. 6222(a).
In the introductory paragraph of (a), updated the N.J.A.C. reference; rewrote (a)2i; and in (a)2ii, inserted a comma following "applicable" and inserted ", gender identity or expression, disability, nationality". Former N.J.A.C. 17:27-3.5, Mandatory language for construction bid specifications and contracts, recodified to N.J.A.C. 17:27-3.6.
Amended by R.2010 d.053, effective 4/5/2010.
See: 41 N.J.R. 3041(a), 42 N.J.R. 723(a).
Section was "Mandatory language for goods and services bid specifications and contracts". In (a)1iii, inserted "electronically" and ", through the Division's website,"; and rewrote (a)2iii.