The title of this chapter shall be "An Ordinance Establishing
a Qualified Minority, Women, Veteran-Owned Business, or Small Business
set-aside program" (hereinafter "set-aside program"). This chapter
is being enacted pursuant to and in accordance with the provisions
of N.J.S.A. 40A:11-41 et seq.
For the purposes of this chapter, the following definitions
shall apply:
CONSTRUCTION CONTRACT
Any agreement for the erection, repair or alteration of any
building, structure, bridge, roadway or other improvement to real
property.
CONTRACT
Any agreement for the sale of goods or for the provision
of services to the County of Mercer.
MINORITY GROUP MEMBERS
Persons who are Black, Hispanic, Portuguese, Asian Americans,
American Indians or Alaskan natives, as per N.J.S.A. 40A:11-41.
QUALIFIED BUSINESS ENTERPRISE
A minority-owned enterprise, or a women-owned enterprise,
or veteran-owned enterprise, or small business enterprise, as defined
herein and qualified under N.J.S.A. 40A:11-25, or a general contractor
who hires as a subcontractor, a minority-owned, woman-owned, veteran-owned,
and/or small-business enterprise, as part of a contract award by the
County (hereinafter "qualified business").
QUALIFIED MINORITY BUSINESS ENTERPRISE
A business which has its principal place of business in this
state, is independently owned and operated, is at least 51% owned
and controlled by minority group members and is qualified pursuant
to N.J.S.A. 40A:11-25.
QUALIFIED SMALL BUSINESS ENTERPRISE
A business which has its principal place of business in this
state, is independently owned and operated and meets all other qualifications
as may be established in accordance with N.J.S.A. 52:27H-21.7 et seq.
[Amended 10-22-2019 by Ord. No. 2019-5]
QUALIFIED VETERAN BUSINESS ENTERPRISE
A business which has its principal place of business in this
state, is independently owned and operated, and is at least 51% owned
and controlled by a veteran, and is qualified under N.J.S.A. 40A:11-25.
QUALIFIED WOMEN'S BUSINESS ENTERPRISE
A business which has its principal place of business in this
state, is independently owned and operated, is at least 51% owned
and controlled by women, and is qualified pursuant to N.J.S.A. 40A:11-25.
SET-ASIDE CONTRACTS
A.
A contract for goods, equipment, construction, or professional
services, inclusive of subcontracts, which is designated as contract
for which bids are invited and accepted only from qualified businesses,
qualified small business enterprises, qualified veteran business enterprises,
qualified minority business enterprises or qualified women's business
enterprises, as appropriate;
B.
A portion of a contract when that portion has been so designated;
or
C.
Any other purchase or procurement so designated.
SUBCONTRACT
A contract by which one agrees to render services or to provide
materials necessary for the performance of another contract.
TOTAL PROCUREMENTS
All purchases, contracts, or acquisitions by the County as
permitted by law.
VETERAN
Any citizen and resident of this state now or hereafter honorably
discharged or released under honorable circumstances that served in
any branch of the Armed Forces of the United States or a Reserve component
thereof for at least 90 days, and shall include disabled veterans.
These provisions concerning qualified businesses participation
in the County's set-aside program shall apply to contracts for goods,
services, professional services, and/or construction awarded by or
through the County's Purchasing Department.
The purpose of this set-aside program is to set aside, or otherwise
allocate, 10% of the dollar value of all the County's goods, services,
professional services, and construction contracts in a fiscal year
to be utilized for qualified business enterprises.
If a County contract for goods, services, professional services,
or construction, which would otherwise be subject to the provision
of this chapter, is or becomes subject to federal or state laws which
conflict with this program or actions thereof, federal or state law
shall apply, and the contract shall be interpreted and enforced accordingly.