Suggested Procedure to Demonstrate a Good Faith Effort on Small Business
Subcontracting Set-Aside Contracts
If the RFP contains small business subcontracting set-aside goals and a bidder intends to subcontract, the
following actions should be taken to achieve the set-aside subcontracting goal requirements:
1. Attempt to locate eligible small businesses in Categories I, II and III appropriate to the RFP;
2. Request a listing of small businesses by Category from the Division of Minority and Women Business
Development;
3. Record efforts to locate eligible businesses, including the names of businesses contacted and the
means and results of such contacts;
4. Provide all potential subcontractors with detailed information regarding the specifications;
5. Attempt, whenever possible, to negotiate prices with potential subcontractors submitting higher than
acceptable price quotes;
6. Obtain, in writing, the consent of any proposed subcontractor to use its name in response to the RFP; and,
7. Maintain adequate records documenting efforts to achieve the set-aside subcontracting goals.
Proposals should also contain the following items with the Plan, as applicable:
1. A copy of the Division of Revenue - Small Business Enterprise Unit Registered Small Business proof
of registration as a small business for any business proposed as a subcontractor; and,
2. Documentation of the bidder's good faith effort to meet the targets of the set-aside subcontracting
requirement in sufficient detail to permit the Bid Review Unit of the Division of Purchase and Property
to effectively assess the bidder's efforts to comply if the bidder has failed to attain the statutory goals.
If awarded the contract, the bidder shall notify each subcontractor listed in the Plan, in writing.
NOTE THAT A BIDDER'S FAILURE TO SATISFY THE SMALL BUSINESS SUBCONTRACTING
TARGETS OR PROVIDE SUFFICIENT DOCUMENTATION OF ITS GOOD FAITH EFFORTS TO
MEET THE TARGETS WITH THE BID PROPOSAL OR WITHIN SEVEN (7) BUSINESS DAYS
UPON REQUEST SHALL PRECLUDE AWARD OF A CONTRACT TO THE BIDDER.
Bidders seeking eligible small businesses should contact:
New Jersey Division of Revenue - Small Business Enterprise Unit
33 West State Street - Fifth Floor
PO Box 026, Trenton, NJ 08625-0026
Telephone: (609) 292-2146 Fax: (609) 984-6679
Each bidder awarded a contract for a procurement which contains the set-aside subcontracting goal
requirement shall fully cooperate in any studies or surveys which may be conducted by the State to determine
the extent of the bidder's compliance with NJAC 17:13-1.1 et seq., and this Notice to All Bidders.