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State of New Jersey
Executive Order #11

Governor Christine Todd Whitman

This executive order rescinded by EO #1 McGreevey.

WHEREAS, Executive Order No. 99, issued on September 13, 1993, established as the policy of the State of New Jersey that public works projects implemented by any State department, authority, or instrumentality be subject to a project agreement whenever feasible and whenever such agreement substantially advances the interests of costs, efficiency, quality, safety and timeliness and the State's policy regarding women- and minority-owned businesses; and

WHEREAS, Executive Order No. 99 mandated every State department, authority, or instrumentality authorized to implement public works projects to do so, whenever possible, subject to a project agreement with the applicable building and construction trade union or council in whose jurisdiction the work is to be performed; and

WHEREAS, the conditions specifying a particular labor force placed on the bidding and award of public works projects set forth in Executive Order No. 99 have raised questions regarding competitiveness and other issues associated with those projects; and

WHEREAS, New Jersey has a compelling interest in awarding public works contracts in such a manner as to yield the lowest reasonable costs and the highest standard of quality and efficiency on the job; and

WHEREAS, a properly evaluated and effected project agreement, when appropriate, can ensure that a public project is completed at the lowest reasonable cost in a timely manner without labor disruptions such as strikes, lockouts or slowdowns; and

WHEREAS, the benefits of any proposed project agreement must be carefully weighed with respect to the effect such an agreement would have on competitive bidding, project costs and the State's policy to advance women- and minority-owned businesses; and

WHEREAS, the use of project agreements may be considered on a project-by-project basis where such project agreements clearly benefit the interests of the State from a cost, efficiency, quality, safety and/or timeliness standpoint;

NOW, THEREFORE, I, CHRISTINE TODD WHITMAN, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

1. Executive Order No. 99 (Florio) is hereby rescinded and is superceded by this Executive Order No. 11.

2. A State department, authority or instrumentality may include a project agreement in a public works project on a project-by-project basis where it has been determined that such project agreement will promote labor stability and advance the State's interests in cost, efficiency, quality, safety and/or timeliness.

3. This Order does not require the use of a project agreement or selection of any particular union, trade council or labor organization.

4. In accordance with this Order, any project agreement:

(a) shall contain guarantees against strikes, lockouts, slowdowns or other similar action;

(b) shall set forth effective, immediate and mutually binding procedures for resolving jurisdictional and labor disputes arising before the completion of the work; and

(c) shall be made binding on all contractors and subcontractors on the public construction project through the inclusion of appropriate bid specifications in all relevant bid documents.

5. Any decision to use a project agreement in connection with a public works project by a State agency, authority or instrumentality shall be supported by a written, publicly disclosed finding by such agency, authority or instrumentality setting forth the justification for use of the project agreement.

6. All State agencies, authorities and instrumentalities are hereby ordered to ensure that all public works projects are implemented in a manner consistent with the terms of this Order and are in full compliance with all statutes, regulations and executive orders, including Executive Order No. 84 (Florio) regarding the implementation of set-aside goals for women- and minority-owned businesses.

7. This Order shall take effect immediately and is intended to have prospective effect only.

GIVEN, under my hand and seal
this 21st day of March in the Year
of Our Lord, One Thousand Nine
Hundred and Ninety Four, and of
the Independence of the United
States, the Two Hundred and Eighteenth.

/s/ Christine Todd Whitman
Governor

Attest:

/s/ Peter Verniero
Chief Counsel to the Governor

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