Contact Compliance Definitions
- 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.
- Confidential Information
- 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.
- 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.
- Disability
- 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;
- being regarded as having such an impairment.
- Eligible Vendor
- One who has complied with Wisconsin's equal employment opportunity and affirmative action requirements. An eligible contractor is included in the Wisconsin Office of Contract Compliance 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.
- Employee
- 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.
- Foreign Entity
- An organization which is head quartered in a country other than the United States.
- Ineligible Vendor
- A contractor who fails to submit acceptable affirmative action information. If a contractor is declared ineligible, then the Director of the Wisconsin Office of Contract Compliance notifies the contractor in writing. An ineligible contractor remains so designated until the Director receives affirmative action information acceptable under s. 16.765, Wis. Stat., and ADM 50, Wisconsin Administrative Code.
An ineligible contractor:
- 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 contractor" without liability as the contractor 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 contractor for use in completing the contract work.
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Job Categories
- A broad based group of employees with comparable job responsibilities who are located at comparable levels of responsibility within an organization. The contractor may designate its job categories. However, the Wisconsin Office of Contract Compliance reserves the right to reject them. Sample job categories:
- Officials and Managers:
Occupations requiring administrative and managerial personnel who set broad policies, exercise overall responsibility for execution of these policies and direct individual departments or special phases of a contractor's operations. Includes: officials, executives, middle management, plant managers and superintendents, salaried supervisors who are members of management, purchasing agents and buyers, railroad conductors and yard masters, ship captains, mates and other officers, farm operators and managers and kindred workers.
- Professionals:
Occupations requiring either college graduation or experiences of such kind and amount as to provide a comparable background. Includes: accountants and auditors, airplane pilots and navigators, architects, artists, chemists, designers, dietitians, editors, engineers, lawyers, librarians, mathematicians, natural scientists, registered professional nurses, personnel and labor relations specialists, physical scientists, physicians, social scientists, teachers and kindred workers.
- Technicians:
Occupations requiring a combination of basic scientific knowledge and manual skill which can be obtained through two years of post high school education, such as is offered in many technical institutions and junior colleges or through equivalent on-the-job training. Includes: computer programmers, drafters, engineering aides, junior engineers, mathematical aides, licensed, practical or vocational nurses, photographers, radio operators, scientific assistants, surveyors, technical illustrators, technicians (medical, dental, electronic, physical science) and kindred workers.
- Sales Workers:
Occupations engaging wholly or primarily in direct selling. Includes: advertising agents and sales persons, insurance agents and brokers, real estate agents and brokers, stock and bond salesworkers, demonstrators, salesworkers and sales clerks, grocery clerks and cashiers/checkers and kindred workers.
- Office and Clerical Workers:
Includes all clerical type work, regardless of level of difficulty, where the activities are predominantly nonmanual although some manual work not directly involved with altering or transporting products is included. Includes: bookkeepers, collectors (bills and accounts), messengers and office helpers, office machine operators (including computer), shipping and receiving clerks, stenographers, typists and secretaries, telegraph and telephone operators, legal assistants, and kindred workers.
- Craft Workers (Skilled):
Manual laborers of relatively high skill level who have a thorough and comprehensive knowledge of the processes involved in their work. They exercise considerable independent judgement and usually receive an extensive period of training. Includes: the building trades, hourly paid supervisors and lead operators who are not members of management, mechanics and repairers, skilled machining occupations, compositors and typesetters, electricians, engravers, painters (construction and maintenance), motion picture projectionists, pattern and model makers, stationary engineers, tailors and tailoresses, arts occupations, handpainters, coaters, bakers, decorating occupations and kindred workers.
- Operatives (Semi-Skilled):
Workers who operate machines or processing equipment or perform other factory-type duties of intermediate skill levels which can be mastered in a few weeks and which require only limited training. Includes: apprentices (auto mechanics, plumbers, bricklayers, carpenters, electricians, machinists, mechanics, building trades, metalworking trades, printing trades, etc.), operatives, attendants (auto service and parking), blasters, chauffeurs, delivery workers, sewers and stitchers, dryers, furnace workers, heaters, laundry and dry cleaning operatives, milliners, mine operatives and laborers, motor operators, oilers and greasers (except auto), painters (manufactured articles), photographic process workers, stationary firefighters, truck and tractor drivers, knitting, looping, taping and weaving machine operators, welders and flamecutters, electrical and electronic equipment assemblers, butchers and meatcutters, inspectors, testers and graders, handpackers and packagers and kindred workers.
- Laborers (Unskilled):
Workers in manual operations which generally require no special training to perform elementary duties that may be learned in a few days and require the application of little or no independent judgement. Includes garbage collectors, car washers and greasers, groundskeepers and gardeners, farmworkers, stevedores, wood choppers, laborers performing lifting, digging, mixing, loading and pulling operations and kindred workers.
- Service Workers:
Workers in both protective and nonprotective occupations. Includes: attendants (hospital and other institutions, professional and personal service, including nurses aides and orderlies), barbers, charworkers and cleaners, cooks, counter and fountain workers, elevator operators, firefighters and fire protection, guards, doorkeepers, stewards, janitors, police officers and detectives, porters, waiters and waitresses, amusement and recreation facilities attendants, guides, ushers, public transportation attendants and kindred workers.
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Job Group
- A cluster of jobs with very similar functions, usually more precise than the job categories, which the contractor may define. However, the WOCC reserves the right to reject them. Sample job groups are: electricians, painters and carpenters; or engineers, accountants and architects.
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Labor Market
- 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.
- Municipality
- 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.
- Minority
- 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.
- SMSA (Standard Metropolitan Statistical Area)
- A geographic area defined by the U.S. Bureau of the Census for purposes of assessing population. It often incorporates metropolitan areas to include a city and county (counties). For example, the Milwaukee SMSA includes the City of Milwaukee and the County of Milwaukee.
- Sexual Orientation
- Having a preference for heterosexuality, homosexuality or bisexuality, having a history of such a preference or being identified with such a preference.
- Subcontractor:
- 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.
- Underrepresentation:
- 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.
- Wisconsin Office of Contract Compliance (WOCC):
- The organization within the State of Wisconsin responsible for overall administration of Wisconsin's Contract Compliance Law (s. 16.765, Wis. Stat.). The WOCC is part of the Wisconsin Department of Administration.
- Contractor:
- Any person or entity providing equipment, construction work, materials, supplies, contractual services or leasing real property to a contracting state agency.
- Work Force:
- 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 WOCC.
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