[Purchasing] [Purchasing Manual] Certificate of Compliance (Affirmative Action)
Definition: Minnesota Statute 363A.36 requires vendors to submit to the Minnesota Department of Human Rights the business’ affirmative action plan for the employment of minority persons, women, qualified disabled individuals, and veterans for any state contracts in excess of $100,000. The proof of approval from Minnesota Department of Human Rights is a Certificate of Compliance. This certificate is valid for four years.
The vendor must have an approved certificate before award of the contract. If the vendor is in the process of obtaining a certificate, it must be proved that the vendor applied for the certificate prior to the bid or proposal opening.
Vendors are exempt from the requirement if they did not employ 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. This is verified by State of Minnesota-Affirmative Action Certification form.
Policy: A Certificate of Compliance is required for all purchases over $100,000.
Procedure: All awards exceeding $100,000 will include either a Certificate of Compliance from the Minnesota Department of Human Rights or State of Minnesota-Affirmative Action Certification form verifying the vendor is exempt from M.S. 363A.36.