1997 Minnesota Statutes

     363.073 Certificates of compliance for public contracts. 

    Subdivision 1.    Scope of application.  No department 
 or agency of the state shall accept any bid or proposal for a 
 contract or agreement unless the firm or business has an 
 affirmative action plan submitted to the commissioner of human 
 rights for approval.  No department or agency of the state shall 
 execute any contract or agreement for goods or services in 
 excess of $100,000 with any business having more than 40 
 full-time employees, either within or outside this state, on a 
 single working day during the previous 12 months, unless the 
 firm or business has an affirmative action plan for the 
 employment of minority persons, women, and the disabled that has 
 been approved by the commissioner of human rights.  Receipt of a 
 certificate of compliance issued by the commissioner shall 
 signify that a firm or business has an affirmative action plan 
 that has been approved by the commissioner.  A certificate shall 
 be valid for a period of two years.  A municipality as defined 
 in section 466.01, subdivision 1, that receives state money for 
 any reason is encouraged to prepare and implement an affirmative 
 action plan for the employment of minority persons, women, and 
 the disabled and submit the plan to the commissioner of human 
 rights. 

    Subd. 2.    Revocation of certificate.  Certificates of 
 compliance may be suspended or revoked by the commissioner if a 
 holder of a certificate has not made a good faith effort to 
 implement an affirmative action plan that has been approved by 
 the commissioner.  If a contractor does not effectively 
 implement an affirmative action plan approved by the 
 commissioner pursuant to subdivision 1, or fails to make a good 
 faith effort to do so, the commissioner may refuse to approve 
 subsequent plans submitted by that firm or business.  

    Subd. 3.    Revocation of contract.  A contract awarded 
 by a department or agency of the state may be terminated or 
 abridged by the department or agency because of suspension or 
 revocation of a certificate based upon a contractor's failure to 
 implement or make a good faith effort to implement an 
 affirmative action plan approved by the commissioner under this 
 section.  If a contract is awarded to a person who does not have 
 a contract compliance certificate required under subdivision 1, 
 the commissioner may void the contract on behalf of the state. 

    Subd. 4.    Technical assistance.  In the case of a 
 contractor whose certificate of compliance has been suspended, 
 the commissioner shall provide technical assistance that may 
 enable the contractor to be recertified within 90 days after the 
 contractor's certificate has been suspended. 

    HIST: 1969 c 975 s 19; 1974 c 527 s 1; 1981 c 326 s 1; 1981 c 
 356 s 377; 1Sp1981 c 4 art 3 s 14; art 4 s 33; 1988 c 660 s 8,9; 
 1989 c 280 s 16; 1989 c 329 art 9 s 27; 1989 c 335 art 1 s 244; 
 1991 c 19 s 1; 1997 c 202 art 2 s 47; 1997 c 239 art 12 s 3