NJ AA-201 form: two different forms, two different due dates

What the AA-201 is, and what it is not

The AA-201 is a workforce projection for equal employment purposes, not payroll. You list the workers the job will use in each trade, split by journeyworker and apprentice (NJSDA's version adds foreman), how many are minority or female, and each trade's phase-in and completion dates. It has no wages or hours paid. Treasury's posted N.J.A.C. 17:27 (headed "Adopted August 4, 2017") defines it in section 2.1 as a projected breakdown of workers per trade. Payroll is separate: NJDOL's Wage Hub updates page names the MW-562 as the payroll certification, and our guides cover the NJ Wage Hub and form MW-562.

The name covers two forms: one from the New Jersey Department of Labor and Workforce Development (NJDOL) and one from the New Jersey Schools Development Authority (NJSDA).

NJDOT's civil rights FAQ says the prime on an NJDOT contract sends the NJDOL form to NJDOL and to NJDOT's Division of Civil Rights Contract Compliance Unit. On NJSDA contracts, 19:39-2.1(b) has the contractor submit NJSDA's own AA-201. The NJSDA material does not say whether NJDOL's form is also owed on an SDA job, so ask the project team.

Who completes it

The prime completes both, entering the combined projected workforce of the prime and all its subcontractors, per the NJDOL instructions and the NJSDA form. Neither lists a size exception.

The small-subcontractor carve-out differs by track. On the NJDOL track, 17:27-6.1 excepts construction subcontractors with four or fewer employees from the affirmative action program requirements, and 17:27-7.1 excepts them from the goals subchapter. On NJSDA jobs, 19:39-2.2(c) (2023 copy) trims the subcontract clause for such a subcontractor to the language at 17:27-3.6(a)2iv, and NJSDA's subcontractor AA202 instructions list no size exception.

What goes on the form

Both forms open with the prime's federal ID, contract number, award amount and project labor agreement status, then list 18 named trades and two Other lines.

Goals are targets, not quotas

NJDOL sets goals per trade, for each contract, after reviewing the trades on your AA-201 (17:27-7.2(a)). Treasury's targets table (undated) lists them by county and trade, with 6.9 percent women in every row and a minority percentage that varies: Hudson is 60 and Hunterdon is 3.

The goals are one of two tests. Under 7.2(c), NJDOL reviews minority and women utilization in work hours per trade and each contractor's good faith efforts. Meeting the percentages is compliance, and so is acting and continuing to act in good faith to reach them (7.3(a); factors in 7.4). Treasury's contractor guideline (Rev. July 2022) says these are targeted goals and not quotas which must be strictly satisfied. NJSDA's 19:39-2.4(a) uses the same table and requires good faith efforts toward the goals.

When it is due

NJDOL version

After notification of award and before you sign the contract, per the instructions and 17:27-3.6(a)1. NJDOL provides the form to the awarding agency, which distributes it to the contractor (3.6(a)1 and 7.5). Three cases differ:

• Emergency awards. Section 3.9 lets an agency award without affirmative action evidence in a documented emergency, and the contractor must then comply before payment.
• Agency-to-agency contracts. Section 2.1 excludes them from the definition of a construction contract.
• Other programs. The 3.6(a) language does not apply under a federally approved or sanctioned program, and 3.10(a) lets an agency run its own State-approved program.

NJSDA version

The NJSDA sources conflict. The AA201 form says seven business days of NTP, AA201a (Rev. August 2025) says seven business days of Notice to Proceed, and the workforce compliance page says seven business days of the contract award. N.J.A.C. 19:39-2.1(b) has the forms submitted at the times SDA specifies in the procurement or contract documents. Take the date from your contract documents, or ask the SDA project team in writing.

What happens if it is late or not submitted

NJDOL version. Not submitted: 17:27-10.6(a)1.i lists failure to submit the AA-201 as an indicator that may support a violation finding. Late: Treasury's contractor guideline says a bid must be rejected as non-responsive if the successful contractor does not submit the report within the time specified. The process runs from an alert notice (10.2) to a violation notice if the problem is not corrected within three business days (10.3), a written response due within 10 business days (10.8(a)), and, if your response does not adequately explain or the violation continues, an investigatory conference within 30 business days of your written statement (10.8(b)). Remedies under 10.6(b) also include referral for suspension, debarment, withholding payment or termination. The 10.7(a) fine schedule is $250 per day for a first violation, not more than $500 per day for a second, and $500 to $1,000 per day for a third or later, and under 10.7(e) none is levied until you have had the opportunity for an investigatory conference and the hearing process.

NJSDA version. Rule 19:39-3.2 lists sanctions for violating the chapter, including a cut of up to 1.5 percent of the contract price where hiring requirements were not satisfied in good faith, suspension, debarment and termination, but names none for a late AA-201.

The rest of the NJSDA package

For other states, see certified payroll requirements by state.

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