§ 1.873. Responsibilities.
(a) The Department of General Services (Department) shall:
(1) Develop standards for a uniform Statewide contract compliance program that ensures nondiscrimination by Commonwealth contractors and grantees.
(2) Review agency contract compliance programs, plans, reports and procedures to ensure consistency with the Department contract compliance policies.
(3) Develop and implement monitoring and reporting systems to measure the effectiveness of agency contract compliance programs.
(4) Provide leadership and training to agencies and assist them in conducting contract compliance program audits such as periodic onsite reviews.
(5) Investigate and make reports relating to the administration of contracting programs and operations.
(6) Require contractors and grantees to agree, as a condition in their contracts or agreements with the Commonwealth, not to discriminate in the award of subcontracts or supply contracts or in hiring, promotion or other labor matters on the basis of race, gender, creed, color, sexual orientation, gender identity or expression, or participation or decision to refrain from participation in protected labor activities.
(7) Ensure that contractors and grantees receiving Commonwealth funds have, as a condition of payment or funding, a written sexual harassment policy and that employees of the contractor or grantee are aware of the policy.
(b) Agency heads under the Governor’s jurisdiction shall:
(1) Ensure that the agency’s commitment to the contract compliance program is clearly understood and appropriately furthered by all agency employees.
(2) Create contract compliance plans, coordinate the development of activities to implement agency plans, and develop audit and reporting systems to measure the effectiveness of the agency’s contract compliance programs.
(3) Designate a responsible official to supervise the agency’s contract compliance program.
(4) Designate a contract administrator to carry out all agency responsibilities regarding contract compliance as articulated in this subchapter.
(5) Upon request, furnish pertinent information or assistance to the Department.
(6) Recommend sanctions to the Secretary of General Services, as may be appropriate, for lack of compliance with Commonwealth contracting programs.
(c) For programs when an agency’s receipt and use of Federal funds are subject to approval and oversight by a Federal funding agency, agency heads under the Governor’s jurisdiction will comply with those contract compliance requirements imposed by that Federal agency as a condition of eligibility for the funds rather than program requirements established by the Department.
Source The provisions of this § 1.873 amended by Executive Order No. 2016-05 Amended, dated June 18, 2018, 48 Pa.B. 4208. Immediately preceding text appears at serial page (389559).
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