WHEREAS, N.J.S.A. 52:32-17 et seq., formally known as
the Set-Aside Act for Small Businesses, Female Businesses, and Minority
Business (Set-Aside Act), was impacted by the Consent Decree in GEOD
v. State of New Jersey, et al., which, in part, permanently enjoins
the State from setting aside contracts for bidding by only minority and
women owned firms; and
WHEREAS, the Set-Aside Act recognizes the importance of small businesses
to the economic health and well being of the State; and
WHEREAS, the State of New Jersey recognizes that small businesses provide
it with a strong economic backbone and are vital in order for its economy
to thrive; and
WHEREAS, new regulations were promulgated to conform the Set-Aside Act
with the Consent Decree, and the new rules create bidding set-asides for
small businesses only; and
WHEREAS, it is reasonable to anticipate that under the new regulations
the number of small businesses eligible under the Set-Aside Act will increase
because many of the firms formerly certified as minority and women owned
businesses qualify and may now register as small businesses; and
WHEREAS, the Set-Aside Act directs that a fair proportion, but not less
than 15%, of the State's total purchases and contracts for construction,
property and services be placed with small businesses; and
WHEREAS, the increase in the number of small businesses eligible to
participate in the small business set aside program warrants an increase
in the percentage of contracts awarded to small businesses above the minimum
level established in the Set-Aside Act to ensure that a fair proportion
of the State's total purchases and contracts for construction, property
and services is placed with small businesses;
NOW, THEREFORE, I, JAMES E. McGREEVEY, 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:
- Contracting agencies shall increase the percentage of State contracting
dollars that shall be set-aside for small businesses, pursuant to
N.J.S.A. 52:32-17 et seq., from the minimum percentage
of 15% set by law up to 25% to ensure that a fair proportion of the
State's total purchases and contracts for construction, property and
services is placed with small business concerns. Contracting agencies
shall consult with the Commerce and Economic Growth Commission and
the Department of Treasury, as appropriate, regarding the allocation
of the increased percentage among the categories of small businesses
set by regulation.
- Contracts awarded by contracting agencies under the Set-Aside Act
shall comply with the statutory and regulatory requirements for the
award of contacts to small businesses.
- This Order shall take effect immediately.
GIVEN, under my hand and seal this 2nd day of October
in the Year of Our Lord, Two Thousand and Three, and
of the Independence of the United States, the Two Hundred
and Twenty-Eighth.
/s/ James E. McGreevey
Governor
[seal] |
Attest:
/s/ Michael R. DeCotiis
Chief Counsel to the Governor