(1) The contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group persons and women are afforded equal opportunity without discrimination. Such programs shall include, but not be limited to, recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training.

(2) At the request of the office or the grant recipient 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 and which is involved in the performance of the contract with the grant recipient to furnish a written statement that such employment agency, labor union or representative shall not discriminate because of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will cooperate in the implementation of the contractor's obligations hereunder.

(3) The contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the contractor in the performance of the contract with the grant recipient, that all qualified applicants will be afforded equal employment opportunity without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

(4) The contractor will include the provisions of paragraphs (1) through (3) of this subdivision in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to its work in connection with the contract with the grant recipient.

(1) The grant recipient shall determine for each prime contractor whether an affirmative action policy statement or an affirmative action plan shall be submitted for approval. Such determination shall be based on guidelines to be established by the office. Further, every subcontractor with a contract whose value is $10,000 or greater shall be required to submit to the grant recipient for its approval an affirmative action policy statement within 10 days of selection as a subcontractor. The grant recipient shall require every contractor and subcontractor with a contract whose value is $50,000 or more to submit for approval an affirmative action plan.

(2) The office may require or cause to be required that such policy statement or plan be submitted prior to the award of the contract. Such requirement shall be indicated in the notice for bid solicitation.

(1) relevant demographic data;

(2) availability of minorities and women with the requisite skills;

(3) possibilities for recruitment of minorities and women;

(4) training which a contractor can reasonably be able to undertake as a means of making all job titles required for contract performance available to minorities and women;

(5) past performance in regard to affirmative action and equal employment opportunity; and

(6) other relevant facts or circumstances.

(1) The office shall establish procedures and guidelines to ensure that the grant recipients and their contractors and subcontractors undertake programs of affirmative action and equal employment opportunity as required in this Part.

(2) Every contractor and every subcontractor with a contract whose value is $10,000 or greater shall be required to submit to the grant recipient such compliance reports relating to the operation and implementation of its affirmative action and equal employment opportunity plan as shall be determined by the office.

(1) advertisement in appropriate general circulation, trade and minority and women-oriented media;

(2) timely notice of job opportunities;

(3) the development and maintenance of lists for purposes of notifying minorities and women of employment opportunities; and

(4) maintenance of records required by the office for documenting the contractor's actions which identify minorities and women soliciting employment opportunities.

(1) reduction of the agreement price;

(2) suspension or termination of the agreement;

(3) retention of payments until compliance is achieved; and

(4) other penalties of which a grant recipient has notice in writing prior to or during the performance of an agreement.