This Executive
Order is superseded by EO #26 Whitman.
WHEREAS, regulation
of the process of making or awarding public contracts should serve
the purposes of preserving to the State all of the economic benefits
of full and free competition and guarding against favoritism, improvidence,
extravagance, or corruption; and
WHEREAS, the
Legislature has established such regulation in the form of laws
which provide that purchases, contracts, or agreements which are
to be paid for out of State funds or other public funds should only
be made or awarded after public advertisement for bids, unless the
purchase, contract, or agreement is authorized by law to be made
without such public advertisement; and
WHEREAS, the
Legislature has determined that, even in cases where public advertising
is not required, the process used to make or award the purchase,
contract, or agreement should be one which promotes full and free
competition whenever competition is practicable; and
WHEREAS, through
the enactment of P.L. 1992, c. 130, and the issuance of Executive
Order No. 65 (1992), provision has been made for the effective regulation
of one type of agreement to which the general public advertising
requirement does not apply -- State agency leases; and
WHEREAS, further
action is needed to assure the public that purchases, contracts,
or agreements which are not required to be made or awarded after
public advertisement for bids are nonetheless made or awarded pursuant
to procedures that promote full and free comepetition whenever competition
is practicable and that provide for disclosure and accountability;
NOW, THEREFORE,
I, JAMES J. FLORIO, Governor of the State of New Jersey, by virtue
of the authority vested in me by the Constitution and by the Statutes
of this State, do hereby ORDER and DIRECT:
1. The State
Treasurer shall establish, by regulation, procedures, which may
be tailored to particular procurement needs, to require the use
of a modified competitive process for purchases, contracts, or
agreements for which public advertising for bids is not required
pursuant to the provisions of sections 4 and 5 of P.L. 1954, c.
48 (C.52:34-6 et seq.). These procedures shall apply to all principal
departments and any entities allocated thereto by law, notwithstanding
whether they are subject to P.L. 1954, c. 48 (C.52:34-6 et seq.)
or other similar provisions contained in the laws or regulations
applicable to such entities.
2. The procedures
established pursuant to section 1 of this Executive Order shall
include a requirement that the individual or entity making or
awarding the purchase, contract, or agreement state in writing
the reason why a particular vendor was selected over any other
competing vendors.
3. This
Order shall not apply to lease agreements that are subject to
the provisions of P.L. 1992, c. 130, or Executive Order No. 65
(1992).
4. This
Order shall take effect immediately.
GIVEN,
under my hand and seal this
12th day of January in the Year of Our
Lord, One Thousand Nine Hundred and
Ninety Three, and of the Independence
of the United States, the Two Hundred
and Seventeenth
/s/
Jim Florio
GOVERNOR
Attest:
/s/ M. Robert
DeCotiis
Chief Counsel to the Governor
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