PRO-403 Non-Discrimination and Contract Compliance

​

SCOPE:

The purpose of this policy is to establish requirements and procedure for the administration of the Wisconsin Contract Compliance Law.

POLICY:

The Wisconsin Contract Compliance Law refers to a collection of legal requirements in place to ensure state contracts and other agreements are only held by entities that agree not to discriminate under certain circumstances and that affirmative actions are taken, all as prescribed herein.

Agencies and entities as defined in s. 16.756, Wis. Stats. ("agencies") cannot contract with suppliers that do not comply with applicable Wisconsin Contract Compliance Law and have responsibility to assist in the administration of Wisconsin’s Contract Compliance Program (Program). 

The State Bureau of Procurement (Bureau) manages the administration of the Program, which offers support to entities and contractors. Questions can be directed to the Contract Compliance Program.


Non-Discrimination

Entities receiving state contracts, subcontracts, grants, leases or other agreements from agencies must agree to hire only on the basis of merit and not discriminate against fifteen (15) covered classes as prescribed by s. 16.756, Wis. Stats. and 2019 Wisconsin Executive Order 1. See PRO-101, Procurement Definitions and Thresholds for covered classes.

Non-discrimination requirements apply to contracts of all dollar values.


Affirmative Action and Affirmative Action Plans (AAP)

All contractors, universities, other states and local governments, except those of the State of Wisconsin, who receive state contracts over the Contract Compliance threshold must submit affirmative action plans (AAP) and comply with other responsibilities as prescribed herein. See PRO-101, Procurement Definitions and Thresholds.

The recipient of a grant or lease is not exempt from contract compliance requirements because a contractual agreement results.

AAP Exemptions

A contractor is exempt from submitting an AAP when the contractor:
   
1. Receives a state contract valued at or below the Contract Compliance threshold.
   
2. Has fewer than fifty (50) employees.
   
3. Is a foreign company with a work force of less than fifty (50) employees in the United States.
   
4. Is a federal government agency or a Wisconsin municipality.
   
5. Has a balanced work force as defined in PRO-101, Procurement Definitions and Thresholds.
   
6. Demonstrates that the U.S. Office of Federal Contract Compliance (OFCC) has audited the contractor's affirmative action program within the last year. 

Under rare, special and emergency circumstances, exemptions may be requested of and approved by the Department.


Prohibited Boycotts

Pursuant to s. 16.75(10p), Wis. Stats., contractors must agree not to engage in a prohibited boycott of the State of Israel as defined in s. 20.931(1)(b). State agencies and authorities may not execute a contract and reserve the right to terminate a contract with a company that is not compliant. See PRO-419, Prohibited Boycotts in State Contracting.

Click below for full policy document:​

PRO-403 Non-Discrimination and Contract Compliance​​​