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This entry was published on 2022-12-16
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Authority, water board and city to take affirmative action
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 6
§ 1115-x. Authority, water board and city to take affirmative action.
1. Each contracting agency which awards contracts for design,
construction, services or materials for projects authorized by this
title shall require that such contracts and documents soliciting bids or
proposals therefor shall contain or make reference to the following

(a) 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 programs of affirmative action to insure that minority group
persons and women are afforded equal employment opportunity without
discrimination. Such action shall be taken with reference, but not be
limited to recruitment, employment, job assignment, promotion,
upgrading, demotion, transfer, layoff, termination, rates of pay or
other forms of compensation, and selections for training or retraining,
including apprenticeship and on-the-job training.

(b) At the request of the contracting agency, the contractor shall
request each employment agency, labor union, or authorized
representative of workers with which he has a collective bargaining or
other agreement or understanding, 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

(c) The contractor will state, in all solicitations or advertisements
for employees placed by or on behalf of the contractor, in performance
of the contract 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.

(d) The contractor will include the provisions of paragraphs (a)
through (c) 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 working connection with a contract.

2. Each contracting agency shall establish procedures and guidelines
to ensure that contractors and subcontractors undertake programs of
affirmative action as required by this section. Such procedures may
require, after notice in a bid solicitation, the submission of an
affirmative action program prior to the award of any contract, or at any
time thereafter, and may require the submission of compliance reports
relating to the operation and implementation of any affirmative action
program adopted hereunder. Such procedures and guidelines shall be
consistent with the guidelines promulgated by the office of federal
contract compliance programs of the United States department of labor
pursuant to presidential executive order eleven thousand two hundred
forty-six, as amended, and any state statutory or regulatory
requirements. A contracting agency shall, in the promulgation of
procedures and guidelines pursuant to this section, cooperate with any
federal, state or local agency established for the purpose of
implementing affirmative action compliance programs.

3. Any contracting agency empowered to award contracts for design,
construction, services or materials shall seek meaningful participation
in the performance of contracts by minority business enterprises and
shall establish measures and procedures to identify those contracts and
items of work for which minority business enterprises may best bid to
actively and affirmatively promote and assist their participation so as
to facilitate the award of a fair share of contracts to such
enterprises. For purposes hereof, "minority business enterprise" shall
mean any business enterprise which is at least fifty-one per centum
owned by, or in the case of a publicly owned business, at least
fifty-one per centum of the stock of which is owned by citizens or
permanent resident noncitizens who are Black, Hispanic, Asian, American
Indian or women, and such ownership interest is real, substantial and
continuing. The provisions of this subdivision shall not be construed to
limit the ability of any minority business enterprise to bid on any

4. In the implementation of subdivisions two and three of this
section, the contracting agency shall consider compliance by any
contractor with the requirements of any federal, state or local law
concerning minority business enterprises or equal employment
opportunity, which may effectuate the requirements of this section. If
the contracting agency determines that by virtue of the imposition of
the requirements of any such law, in respect to contracts affected by
this section, that the provisions thereof duplicate or conflict with
such law, the contracting agency shall waive the applicability of this
section to the extent of such duplication or conflict.

5. In order to implement the requirements and objectives of this
section, contracting agencies shall be responsible for monitoring the
contractors' compliance with the provisions hereof, for advising
contractors on the availability of competing qualified minority business
enterprises to perform contracts proposed to be awarded and for making
recommendations to contractors to improve the access of minority
business enterprises to such contracts.