OPPORTUNITY REQUIREMENTS. Contractor agrees with all of the terms and conditions of Appendix A including Clause 12 - Equal Employment Opportunities for Minorities and Women. The Contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 for labor, services, including legal, financial and other professional services, travel, supplies, equipment, materials, or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting State agency (the “Work”) except where the Work is for the beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement does not apply to: (i) the performance of work or the provision of services or any other activity that is unrelated, separate or distinct from the Contract; or (ii) employment outside New York State. Contractor agrees to submit, or has submitted with the bid, a staffing plan on Form EEO 100 identifying the anticipated work force to be utilized on the Contract. If awarded a contract, Contractor agrees to submit with each bid in response to a State Agency Authorized User Mini-Bid Project Definition, an Equal Employment Opportunity staffing plan on that State Agency Authorized User’s form and will also submit to such State Agency Authorized User a workforce utilization report, identifying the workforce actually utilized on the Contract if different from the information provided in the staffing plan. [At all times referenced in this document State Agency is as defined in Executive Law §310(11)]. In addition, if awarded a State Agency Authorized User Mini-bid Agreement, the Contractor shall submit, and shall require each of its subcontractors to submit, quarterly workforce utilization reporting forms to the State Agency Authorized User to report the actual workforce utilized in the performance of the Mini-bid Agreement by the specified categories listed including ethnic background, gender, and Federal occupational categories. Separate forms shall be completed by Contractor and any subcontractor. Further, pursuant to Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and federal statutory and constitutional non-discrimination provisions, the Contractor and sub-contractors will not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex (including gender expression), national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. BUSINESS PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES (MWBEs)
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