Sec. 143.3. Work force diversity bidding and award requirements

(a) State agencies shall require as part of all bid requests and contract solicitations that the contractor submit to the contracting agency an EEO policy statement and, may require, a staffing plan, as described in section 143.2 of this Part. A contracting agency's approved master goal plan may specify, with reasons, that the pre-award submission of a staffing plan will not be required for particular contracts.

(b) Prior to the award of a State contract and in the case where the work force to be utilized in the performance of the State contract cannot be separated out from the contractor's and/or subcontractor's total work force (for example, certain commodities contracts), the contractor shall, where required by the contracting agency, submit to the contracting agency, in lieu of a staffing plan, information on the contractor's and/or subcontractor's total work force broken down by ethnic background, gender, and Federal occupational categories or other appropriate categories specified by the contracting agency.

(c) A contractor's failure to submit an EEO policy statement and, where required by the contracting agency, staffing plan or total work force data shall result in the rejection of the contractor's bid or proposal, unless the contractor provides the contracting agency with a reasonable justification in writing for such failure (e.g., the failure to submit a staffing plan where a contractor has a work force of 10 employees or less), or makes a commitment to submit an EEO policy statement and a staffing plan or total work force data by a date to be specified by the contracting agency.

(d) The contracting agency shall be responsible for determining the time frames for the pre-award submission of the EEO policy statement and staffing plan or total work force data and for determining whether all bidders or only the lowest responsible bidder(s) or finalists shall be required to submit such documentation.

(e) After the award of the State contract and in the case where the work force to be utilized in the performance of the State contract can be separated out from the contractor's and/or subcontractor's total work force, a contracting agency may require the contractor to submit a work force employment utilization report in a form developed by the director. In instances where such a report is required, the work force employment utilization report form shall be provided to the contractor by the contracting agency at the time of the execution of the contract. The work force utilization report shall include the following information:

(1) the total number of employees performing work on the State contract;

(2) for commodities, services/consulting, and professional construction consultant contracts (including not-for-profit contracts within those industries), the contractor's and all subcontractor's work force on the State contract broken down by specified ethnic background, gender, and Federal occupational categories; and

(3) for construction contracts, the hours a contractor's and all subcontractor's employees worked on activities related to that contract, and a breakdown of those hours by ethnic background, gender and the construction related job titles that fall within relevant Federal occupational categories.

(f) For construction contracts, a contractor shall submit to the contracting agency a work force utilization report on a monthly basis throughout the life of the contract.

(g) For all other contracts where the work force to be utilized in the performance of the State contract can be separated out from the contractor's and/or subcontractor's total work force, the contracting agency shall require a contractor to submit work force utilization reports on a quarterly basis throughout the life of the contract when the contractor's and/or subcontractor's work force on the State contract changes. In the case where the contractor's and/or subcontractor's work force does not change within the quarterly period, the contractor shall so notify the contracting agency in writing.

(h) After an award of the State contract and in the case where the work force to be utilized in the performance of the State contract cannot be separated out from the contractor's and/or subcontractor's total work force, the contractor may submit to the contracting agency information on the contractor's and/or subcontractor's total work force broken down by specified ethnic background, gender, and Federal occupational categories. Such total work force data may be submitted by the contractor to the contracting agency on a semi-annual basis during the life of the particular State contract or during the course of an extended and ongoing contractual relationship involving various State contracts entered into between the contractor and contracting agency.

(i) For all State contracts that are bid and awarded by the Office of General Services, the Office of General Services shall be solely responsible for requiring contractors to submit work force employment utilization reports and all other required information.