N.J. Admin. Code § 17:27-4.3

Current through Register Vol. 56, No. 16, August 19, 2024

Section 17:27-4.3 - Procedure for establishing an approved affirmative action program by contract

(a) Upon awarding a goods and services contract, including a professional services contract, the public agency shall submit to the vendor for signing a contract which contains the contract language required by 17:27-3.5(a) and 3.7, subject to the following:

1. As a condition to entering into a valid and binding contract, said vendor shall submit to the public agency either appropriate evidence that:

i. The vendor is operating under an existing Federally approved or sanctioned affirmative action program;

ii. The vendor has a certificate of employee information report issued in accordance with this subchapter; or

iii. The vendor has an employee information report AA302, electronically provided by the Division to the public agency, through the Division's website, for distribution to and completion by the vendor in accordance with this chapter.

2. If the vendor submits appropriate evidence of an existing Federally approved or sanctioned affirmative action program, the contract shall not include the mandatory language required by 17:27-3.5(a)2 and by 3.7.

3. A vendor shall not be eligible to submit an employee information report unless the vendor certifies on the AA302 form that he or she has never before applied for a certificate of employee information report in accordance with rules promulgated by the Treasurer pursuant to 10:5-31 et seq., as amended and supplemented from time to time; and agrees to submit immediately to the Division a copy of the employee information report.

(b) If a vendor, including a professional services contractor, refuses to sign a contract because it contains the contract language required by 17:27-3.5(a), when it is submitted for signing by the public agency and/or if the vendor has failed to satisfy the condition for entering into a contract required by (a)1 above, the public agency shall rescind the award, and these requirements shall apply to any other vendor which the public agency selects in accordance with applicable contracting laws and procedures.

N.J. Admin. Code § 17:27-4.3

As amended, R.1978 d.185, effective 6/2/1978.
See: 10 N.J.R. 209(a), 10 N.J.R 305(a).
Amended by R.1988 d.522, effective 11/7/1988.
See: 20 N.J.R. 1780(a), 20 N.J.R. 2795(b).
Deleted text in (a) "Any contractor who ..." and deleted the word "approval".
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.
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) and in (a)2 and (b), updated the N.J.A.C. references; substituted "vendor" for "contractor" and "Vendor" for "Contractor" throughout; and in (b), substituted the first occurrence of "vendor" for "goods and services contractor".
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 "Procedure for establishing an approved affirmative action plan by contract". In (a)1iii, substituted "AA302" for "AA 302", and inserted "electronically" and ", through the Division's website"; in (a)3, deleted ", in an additional provision to the public agency contract, is able to certify and agree as follows: "The Vendor, where appropriate" preceding "certifies" and deleted a quotation mark from the end, and inserted "on the AA302 form".