Affirmative Action Supplement, Term Contract Form - Advertised Bid Proposal

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PB-AAF.1 R5/26/09
Affirmative Action Supplement
AFFRIMATIVE ACTION
Term Contract - Advertised Bid Proposal
Department of the Treasury
Bid Number:
Division of Purchase & Property
State of New Jersey
Bidder:
33 W. State St., 9th Floor
PO Box 230
Trenton, New Jersey 08625-0230
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 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, 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.
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.
The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it
has a collective bargaining agreement or other contract or understanding, 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 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 afford equal employment opportunities to minority and
women workers consistent with Good faith efforts to meet targeted county employment goals established in accordance with
N.J.A.C. l7:27-5.2, or Good faith efforts to meet targeted county employment goals determined by the Division, pursuant to
N.J.A.C. 17:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to,
employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of
age, 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, creed, color,
national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality
or sex, consistent with the statutes and court decisions 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
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal
Employment Opportunity Compliance 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 Public
Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter 10
of the Administrative Code at N.J.A.C. 17:27.
* NO FIRM MAY BE ISSUED A PURCHASE ORDER OR CONTRACT WITH THE STATE UNLESS THEY COMPLY WITH THE
AFFIRMATIVE ACTION REGULATIONS
PLEASE CHECK APPROPRIATE BOX (ONE ONLY)
I HAVE A CURRENT NEW JERSEY AFFIRMATIVE ACTION CERTIFICATE, (PLEASE ATTACH A COPY TO YOUR PROPOSAL).
I HAVE A VALID FEDERAL AFFIRMATIVE ACTION PLAN APPROVAL LETTER, (PLEASE ATTACH A COPY TO YOUR PROPOSAL).
I HAVE COMPLETED THE ENCLOSED FORM AA302 AFFIRMATIVE ACTION EMPLOYEE INFORMATION REPORT.

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