N.J. Admin. Code § 17:14-4.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:14-4.1 - Set-aside program goals and procedures

(a) Each State contacting agency, consistent with its contacting authority, shall establish and administer a set-aside program that provides a goal toward at least three percent of the contracts awarded to eligible disabled veteran owned businesses.

1. Percentages shall be measured by the total number of all such set-aside contracts, including any subcontracts, where relevant, in comparison to the total number of all publicly advertised contracts awarded by the agency within a fiscal year.

2. The State contracting agencies shall designate specific contracts for set-aside.

(b) Each State contracting agency shall establish written procedures and maintain records as necessary to define, document, and report its good faith efforts to attain the established set-aside contracting goals, including contracts executed under its bidding threshold. The set-aside procedures shall include the following provisions:

1. The State contracting agency shall review its schedule of contracting opportunities and establish a method of determining which upcoming contracts will be offered as part of the agency's set-aside program.

i. A contract may be considered suitable for set-aside whenever the contracting agency can establish a reasonable expectation that bids may be obtained from at least three qualified eligible businesses capable of furnishing the specified products or services.

ii. The designation as a set-aside contract shall be made prior to public advertisement for bids.

(c) When a State contracting agency has made a determination that a contract is suitable for set-aside purposes, the following provisions apply:

1. Public advertisement of the set-aside contracting opportunity shall be consistent with the contracting agency's standard bidding procedures and may be supplemented by special notification efforts to maximize participation;

2. Invitations for bids, or a portion thereof, shall be specifically set aside for disabled veteran-owned businesses and bids from other bidders may be rejected;

3. The State contracting agency shall reject all bids and withdraw the designation as a set-aside contract when the agency determines that acceptance of the lowest responsive bid would result in the payment of an unreasonable price or in a contract that is otherwise unacceptable pursuant to that agency's contracting statutes and rules;

4. The State contracting agency shall notify all participating bidders of the bid cancellation, stating the reasons for the cancellation and the agency's intent to re-solicit bids on an unrestricted basis; and

5. The award of any contract designated as a set-aside contract shall be made in accordance with the agency's contracting statutes, rules, and procedures.

N.J. Admin. Code § 17:14-4.1

Adopted by 51 N.J.R. 1063(a), effective 6/17/2019