Affirmative Action Plan
A written document committing the contractor to a program designed to achieve a balanced work force within a reasonable period of time. It contains, at minimum, a policy statement, work force analysis, program goals, internal monitoring system and dissemination of the plan. An acceptable plan is one which satisfies s.16.765, Wis. Stat., and ADM 50, Wisconsin Administrative Code.
Balanced Work Force
An equitable representation of persons with disabilities, minorities and women in each level (job category) of a work force which approximates the percentage of individuals with disabilities, minorities and women available for jobs at each level from the relevant labor market from which the contractor recruits job applicants.
Records and documents not made available to the public. The State of Wisconsin's open meetings/records law (s. 19.21, Wis. Stat.) permits confidentiality to a very limited number of documents. For example, records which constitute a trade secret may be restrained as confidential. Usually, affirmative action plan required by the State of Wisconsin are not considered confidential documents. Should a contractor believe that part or all of its affirmative action plan is confidential, the contractor must identify clearly to the contracting state agency those pages or sections which it believes contain confidential information. This identification of any confidential information must be given both:
- In a letter to the contracting state agency; and
- On each page that the contractor states contains confidential information.
If a contractor asserts that all or part of its affirmative action plan is confidential, the contractor is responsible for defending its confidentiality under Wisconsin Statutes. The contractor must agree in writing, in advance, to hold the State of Wisconsin harmless and if a challenge occurs, to provide for any necessary defense of the confidentiality of the contractor's records.
Contract Compliance Program
The organization within the State of Wisconsin responsible for overall administration of Wisconsin's Contract Compliance Law (s. 16.765, Wis. Stat.). The Contract Compliance Program is part of the Wisconsin Department of Administration.
Contracting State Agency
Any department, commission, board or other agency of the State of Wisconsin, including the University of Wisconsin, with authority to purchase or contract for equipment, construction work, materials, supplies or contractual services.
Any person or entity providing equipment, construction work, materials, supplies, contractual services or leasing real property to a contracting state agency.
With respect to an individual:
- A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
- A record of such an impairment; or
- Being regarded as having such an impairment.
One who has complied with Wisconsin's equal employment opportunity and affirmative action requirements. An eligible contractor is included in the Contract Compliance Program's Contractor Directory as an "eligible contractor" for three years from the date of the contract or the life of the contract, whichever is greater. If an eligible contractor receives another award from the State of Wisconsin prior to expiration of this eligibility, that contractor need not submit other affirmative action information.
Anyone who has received any wages for work performed by the contractor.
Federal Employee Identification Number (FEIN)
The number assigned by the IRS to employers for tax reporting purposes or the Social Security Number (SS#) if the contractor is the sole proprietorship with no FEIN.
An organization which is head quartered in a country other than the United States.
A vendor who fails to submit acceptable affirmative action information. If a vendor is declared ineligible, then the Coordinator of the Contract Compliance Program notifies the vendor in writing. An ineligible vendor remains so designated until the Coordinator receives affirmative action information acceptable under s. 16.765, Wis. Stat., and ADM 50, Wisconsin Administrative Code.
An ineligible vendor:
- May be precluded from selling its goods or services to the State of Wisconsin, including the University of Wisconsin, either directly or through a distributor or other means; and
- May be removed from bidders lists of all state agencies of the State of Wisconsin, including the University of Wisconsin.
Additionally, a state agency may:
- Terminate a contract with an ineligible vendor without liability as the vendor has failed to comply with s. 16.765, Wis. Stat., and ADM 50, Wisconsin Administrative Code, as well as to satisfy the "Standard Terms and Conditions" of its contract; and
- Withhold payment for the incompleted portion or for any materials or services purchased or paid for by the vendor for use in completing the contract work.
A broad-based group of employees with comparable job responsibilities who are located at comparable levels of responsibility within an organization. Job categories are located on the U.S. Equal Employment Opportunity Commission Web site: http://www.eeoc.gov/employers/eeo1survey/jobclassguide.cfm.
The geographic area in which the contractor recruits applicants for employment. The labor market may be different for various categories or groups of employees. For example, the contractor may recruit laborers from the city in which the contractor is located and professionals on a regional or statewide basis.
Labor Market Data
The contractor needs labor market data to determine if it has a balanced work force. If the contractor does not have this data already, the contractor may obtain this data from State Job Service Offices which are listed in the local telephone directories under State Government "Job Service" or "Employment Security" or from the regional U.S. Office of Federal Contract Compliance.
A Wisconsin county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district or any other public or quasi-public corporation officer, board or other body having the authority to award public contracts.
A person whose race or ethnic group is either:
- American Indian or Alaskan Native: persons with origins in any of the original people of North America who maintain cultural identifications through tribal affiliation or community recognition;
- Asian or Pacific Islander: persons having origins in the Far East, Southeast Asia, the India Subcontinent or the Pacific Islands;
- Black: persons not of Hispanic culture having origins in any of the Black racial groups of Africa; or
- Hispanic: Individuals of Mexican, Puerto Rican, Caribbean, Central or South American or other Spanish culture or origin regardless of race.
Having a preference for heterosexuality, homosexuality or bisexuality, having a history of such a preference or being identified with such a preference.
A person or company that assumes by secondary contract some or all obligations of an original contractor.
Total Number of Employees
For purposes of:
- Determining whether the contractor needs to submit an affirmative action plan, the number of employees on the contractor's payroll as of the date that the contractor receives a State of Wisconsin contract;
- Submitting a work force analysis, the maximum number of employees on the contractor's payroll as of any date within one year of receiving a State of Wisconsin contract.
The contractor's work force does not approximate the percentage of women, minorities or persons with disabilities available for jobs in any particular job group or category from the relevant labor market in which the contractor recruits.
Any person or entity capable of providing equipment, construction work, materials, supplies, contractual services or leasing real property to a state agency.
The composite number of employees without regard to job groups or categories of the contractor. The contractor may designate its work force, for the purposes of satisfying the Wisconsin Contract Compliance Law, either as that part of the entity (division, company, subsidiary) primarily responsible for satisfying the State of Wisconsin contract or as the work force of the entire entity, with the concurrence of the Contract Compliance Program.