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Bill

S 3784

Requires State agencies to make good faith effort to increase awarding of contracts procured without advertisement to minority- and women-owned businesses.

2024-2025 Regular Session Introduced by Renee Burgess and 2 co-sponsors

New Jersey bill requires state agencies to prioritize contract awards to minority- and women-owned businesses in non-advertised procurements through good faith efforts.

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee
#minority #statedepts #women
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Bill Summary · S 3784

Legislative bill overview

S 3784 requires New Jersey state agencies to make good faith efforts to increase the award of non-advertised contracts to minority-owned businesses (MBEs) and women-owned businesses (WBEs). Non-advertised contracts are procurements conducted without public bidding, typically used for smaller purchases or specialized services. The bill mandates agencies demonstrate intentional progress in directing these contract opportunities toward disadvantaged business groups.

Why is this important

Minority and women-owned businesses historically receive a disproportionately small share of government contracts despite representing a significant portion of the business community. Non-advertised contracts—which often bypass competitive bidding—can either exclude or include disadvantaged groups depending on agency practices, making this a mechanism to increase equitable access to public spending. The outcome could meaningfully affect business wealth-building and economic opportunity in underrepresented communities.

Potential points of contention

  • Vague enforcement mechanism: "Good faith effort" is subjective and difficult to enforce; the bill lacks specific metrics, targets, or penalties for non-compliance
  • Potential costs and inefficiency: Prioritizing MBE/WBE vendors without competitive bidding could increase procurement costs or reduce vendor quality if qualified businesses are unavailable in specific service categories
  • Definition gaps: The bill doesn't clearly define which businesses qualify as MBE/WBE or how certification occurs, creating implementation uncertainty

Compiled from official sources — confirm details with the bill’s official record.

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