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This entry was published on 2020-01-17
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SECTION 824
Enforcement
Executive (EXC) CHAPTER 18, ARTICLE 28
* § 824. Enforcement. 1. Where it appears that a contractor cannot,
after a good faith effort, meet the workforce participation goals set
forth in a particular state contract, a contractor may file a written
application with the contracting state agency requesting a partial or
total waiver of such requirements. Such request shall set forth the
reasons for such contractor's inability to meet the workforce
participation goal, specifically describe the reasons for any deviations
from the anticipated workforce participation goal set forth in the
contractor's bid or proposal leading to the award of the state contract,
and describe the efforts by the contractor and any subcontractors to
achieve the maximum feasible participation of minority group members and
women in the performance of the work of the state contract. Where the
contractor's inability to achieve the workforce participation goal on a
state contract is attributable to the failure of one or more
subcontractors to make good faith efforts to achieve the maximum
feasible participation of minority group members and women in the
performance of the work of the state contract, the contractor shall
identify such subcontractor or subcontractors to the contracting state
agency.

2. A state agency shall grant a request for a waiver of workforce
participation goals on a state contract where:

(a) The contractor demonstrates that the contractor and its
subcontractors made good faith efforts to achieve the workforce
participation goal on the state contract, and that insufficient minority
group members or women were available in the construction trades,
professions, and occupations required to perform the work of the state
contract; or

(b) The contractor contractually required each of its subcontractors
to make a good faith effort to achieve the maximum feasible
participation of minority group members and women in the performance of
the subcontracted work, periodically monitored such subcontractors'
deployment of minority group members and women in the performance of the
subcontracted work, provided notice to such subcontractors of any
deficiencies in their deployment of minority group members and women in
the performance of such subcontracted work, and could not achieve the
workforce participation goal for one or more construction trades,
professions, or occupations without the good faith efforts of such
subcontractors.

* NB Repealed December 31, 2024