New Jersey Administrative Code
Title 19 - OTHER AGENCIES
NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY
Chapter 39 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES
Subchapter 2 - REQUIREMENTS FOR CONTRACTOR COMPLIANCE
Section 19:39-2.7 - Good faith efforts with respect to SBE goals

Universal Citation: NJ Admin Code 19:39-2.7

Current through Register Vol. 55, No. 48, December 18, 2023

(a) The good faith efforts of contractors to meet the 25 percent SBE subcontracting goal on school facilities projects shall include, but not be limited to, the following measures:

1. Sending solicitation letters to SBE firms registered with the Division of Revenue and Enterprise Services and to pre-qualified SBE firms on the SDA's vendor directory accessible at www.njsda.gov;

2. Making follow-up telephone calls to firms solicited at (a)1 above, and keeping a log of such calls and responses;

3. Breaking the work into smaller subcontracts, to make it easier for SBE firms to compete;

4. Contacting small business groups and community groups for assistance in identifying SBE firms;

5. Placing advertisements in local newspapers, construction trade letters, magazines, or special publications aimed at SBEs;

6. Negotiating in good faith with interested SBE subcontractors, so as not to disqualify a prospective subcontractor without good cause; and

7. Assisting potential SBE subcontractor firms by acting as a reference for the subcontractor, or by referring the subcontractor to the surety agent or bank officer of the contractor or consultant to satisfy bonding, insurance, or credit requirements.

(b) If the SDA determines that a contractor has failed to comply with its good faith obligations to meet the 25 percent SBE subcontracting goal, it may pursue any of the sanctions available pursuant to 19:39-3.2.

Adopted by 54 N.J.R. 2401(a), effective 12/19/2022

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