1999 Minnesota Statutes

     363.073 Certificates of compliance for public contracts. 

    Subdivision 1.    Scope of application.  (a) For all 
 contracts for goods and services in excess of $100,000, no 
 department or agency of the state shall accept any bid or 
 proposal for a contract or agreement from any business having 
 more than 40 full-time employees within 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 qualified disabled individuals, 
 submitted to the commissioner of human rights for approval.  No 
 department or agency of the state shall execute any such 
 contract or agreement until the affirmative action plan 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 qualified disabled and submit the plan to the commissioner 
 of human rights. 

    (b) This paragraph applies to a contract for goods or 
 services in excess of $100,000 to be entered into between a 
 department or agency of the state and a business that is not 
 subject to paragraph (a), but that has more than 40 full-time 
 employees on a single working day during the previous 12 months 
 in the state where the business has its primary place of 
 business.  A department or agency of the state may not execute a 
 contract or agreement with a business covered by this paragraph 
 unless the business has a certificate of compliance issued by 
 the commissioner under paragraph (a) or the business certifies 
 that it is in compliance with federal affirmative action 
 requirements. 

    (c) This section does not apply to contracts entered into 
 by the state board of investment for investment options under 
 section 352.96. 

    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; 
 1998 c 386 art 1 s 33