(a) The contractor demonstrates that the contractor and its
subcontractors made good faith efforts to achieve the workforce
participation goal on the state contract, and that insufficient minority
group members or women were available in the construction trades,
professions, and occupations required to perform the work of the state
contract; or
(b) The contractor contractually required each of its subcontractors
to make a good faith effort to achieve the maximum feasible
participation of minority group members and women in the performance of
the subcontracted work, periodically monitored such subcontractors'
deployment of minority group members and women in the performance of the
subcontracted work, provided notice to such subcontractors of any
deficiencies in their deployment of minority group members and women in
the performance of such subcontracted work, and could not achieve the
workforce participation goal for one or more construction trades,
professions, or occupations without the good faith efforts of such
subcontractors.
* NB Repealed December 31, 2024