* § 822. Workforce participation goals. 1. The director, in\nconsultation with the department, shall develop aspirational goals for\nthe utilization of minority group members and women in each construction\ntrade, profession, and occupation.\n (a) Aspirational goals for the utilization of minority group members\nand women must set forth the expected participation of minority group\nmembers and women in each construction trade, profession, and occupation\nand shall be expressed as a percentage of the total hours of work to be\nperformed by each trade, profession, and occupation based on the\navailability of minority group members and women within each\nconstruction trade, profession, and occupation.\n (i) The aspirational goals shall set forth separate levels of expected\nparticipation by men and women for each minority group, and for\nCaucasian women, in each construction trade, profession, and occupation.\n (ii) The director may establish aspirational goals for the expected\nparticipation of minority group members and women for municipalities\nwhere the director deems feasible and appropriate.\n (iii) The director shall, in establishing the aspirational goals,\nconsider the findings of the most recent disparity study and any\nrelevant data published by the United States Census Bureau.\n (b) The director shall update the aspirational goals on a periodic\nbasis, no less than biannually.\n 2. State agencies shall, for each invitation for bids, request for\nproposals, or other solicitation that will result in the award of a\nstate contract, set forth the expected degree of workforce participation\nby minority group members and women.\n (a) Each workforce participation goal established by a state agency\nshall set forth the expected level of participation by minority group\nmembers and women in the performance of each trade, profession, and\noccupation required in the performance of the contract.\n (b) Goals for the participation of minority group members and women\nshall set forth separate goals for each of the following groups in each\nconstruction trade, profession, and occupation:\n (i) Black men;\n (ii) Black women;\n (iii) Hispanic men;\n (iv) Hispanic women;\n (v) Native American men;\n (vi) Native American women;\n (vii) Asian men;\n (viii) Asian women;\n (ix) Caucasian women.\n (c) In establishing workforce participation goals, state agencies\nshall consider factors including, but not limited to:\n (i) the findings of the most recent disparity study;\n (ii) any relevant data published by the United States Census Bureau;\nand\n (iii) if applicable, any aspirational goal established by the\ndivision.\n (d) In any case, where a state agency establishes a workforce\nparticipation goal on an invitation for bids, request for proposals, or\nother solicitation that will result in the award of a state contract for\nconstruction that deviates from the aspirational goal for work or\nservice in the county or municipality in which the work or service will\nbe performed, the state agency shall document numerical evidence\ndemonstrating that the application of the aspirational goal would not be\npractical, feasible, or appropriate.\n 3. Every contractor responding to an invitation for bids, request for\nproposals, or other solicitation that will result in the award of a\nstate contract subject to workforce participation goals pursuant to this\nsection shall agree to make a good faith effort to achieve such\nworkforce participation goal or request a waiver of such goal.\n (a) A contractor that certifies that it will make a good faith effort\nto achieve a workforce participation goal shall provide with its\nresponse to the applicable invitation for bids, request for proposals,\nor other solicitation:\n (i) A certification stating that the contractor will make a good faith\neffort to achieve the applicable workforce participation goal and will\ncontractually require any subcontractors to the contractor to make a\ng
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