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5 CRR-NY 143.2NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 5. DEPARTMENT OF ECONOMIC DEVELOPMENT

CHAPTER XIV. DIVISION OF MINORITY AND WOMEN'S BUSINESS DEVELOPMENT

PART 143. WORK FORCE DIVERSITY REQUIREMENTS AND PROCEDURES REGARDING EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND WOMEN ON STATE CONTRACTS

5 CRR-NY 143.2

143.2 General work force diversity requirements for State agencies awarding contracts.

(a) State agencies shall include in their master goal plan submitted pursuant to section 141.3 of this Title steps the agency will take to implement and to ensure compliance with the EEO requirements of this Part for approval by the director. The agency shall annually provide relevant updated information as a part of the agency master goal plan submission process.

(b) The director shall provide all contracting agencies with the labor force availability data on Federal occupational categories upon request. Contracting agencies shall include relevant portions of such data in all documents soliciting bids or proposals for State contracts or provide the data to contractors within the time frame established by the agency for a contractor's pre-award submission of an EEO policy statement and staffing plan required by this section. The director shall make efforts to assist contractors in utilizing the data to determine the expected levels of participation of minority group members and women on State contracts.

(c) In relation to the labor force availability data, the director will provide contracting agencies guidance and assistance in identifying the relevant labor force availability pool of employees based on:

(1) the reasonable recruitment area for the type of job category;

(2) the location of the job; and

(3) consideration for selecting the optimal availability pool.

(d) State agencies shall include in all State contracts and all documents soliciting bids or proposals for State contracts the following language:

(1) As to the performance of the State contract, contractors and subcontractors shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation.

(2) Prior to the award of a State contract, the contractor shall submit an equal employment opportunity policy statement to the contracting agency within the time frame established by that agency.

(3) As a part of the contractor's EEO policy statement, the contractor, as a precondition to entering into a valid and binding State contract, shall agree to the following in the performance of the State contract:

(i) The contractor will not discriminate against any employee or applicant for employment, will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts.

(ii) The contractor shall state in all solicitations or advertisements for employees that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

(iii) At the request of the contracting agency, the contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate, and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein.

(4) Except for construction contracts, prior to an award of a State contract, the contractor may be required to submit to the contracting agency a staffing plan of the anticipated work force to be utilized on the State contract or, where required, information on the contractor's total work force, including apprentices, broken down by specified ethnic background, gender, and Federal occupational categories or other appropriate categories specified by the contracting agency. The form of the staffing plan shall be supplied by the contracting agency.

(5) After an award of a State contract, the contractor may be required by the contracting agency to submit a workforce utilization report, to the contracting agency in a form and manner required by the agency, of the work force actually utilized on the State contract, broken down by specified ethnic background, gender, and Federal occupational categories or other appropriate categories specified by the contracting agency.

(e) Where applicable, the contractor shall include the provisions of subdivision (d) of this section in every subcontract in such a manner that the requirements of the provisions will be binding upon each subcontractor as to work in connection with the State contract, including the requirement that subcontractors shall undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status, and, when requested, provide to the contractor information on the ethnic background, gender, and Federal occupational categories of the employees to be utilized on the State contract.

(f) To ensure compliance with the requirements of this Part, a contracting agency shall inquire of a contractor whether the work force to be utilized in the performance of the State contract can be separated out from the contractor's and/or subcontractor's total work force and where the work of the State contract is to be performed.

(g) A contracting agency may require the contractor to submit compliance reports, pursuant to section 143.5 of this Part, relating to their operations and implementation of their affirmative action or equal employment opportunity program in effect as of the date the State contract is executed and may require the contractor to obtain similar reports from the subcontractors utilized during the contract.

(h) If a contractor or subcontractor does not have an existing affirmative action program, the contracting agency may provide to the contractor or subcontractor a model plan of an affirmative action program. Upon request, the director shall provide a contracting agency with a model plan of an affirmative action program.

(i) Upon request, the director shall provide a contracting agency with information on specific recruitment sources for minority group members and women, and contracting agencies shall make such information available to contractors.

5 CRR-NY 143.2

Current through October 15, 2021

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