NJ Division of Purchase and Property - Political Contributions Compliance

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Political Contributions Compliance

Political Contributions Compliance
Elections Transparency Act, Public Law 2005,
Chapter 51 & Executive Order 333 (2023)

In order to safeguard the integrity of State government procurement by imposing restrictions to insulate the negotiation and award of State contracts from political contributions that pose the risk of improper influence, purchase of access, or the appearance thereof, then-Governor James E. McGreevey issued Executive Order 134 on September 22, 2004. To this end, Executive Order 134 prohibited State departments, agencies and authorities from entering into contracts exceeding $17,500 with individuals or entities that made certain political contributions. Executive Order 134 was superseded by P.L.2005, c.51, which was signed into law on March 22, 2005 (“Chapter 51”).

For Contracts Awarded Pursuant to a Fair and Open Process:
Pursuant to P.L.2005, c.51, as amended by the Elections Transparency Act, P.L.2023, c.30, codified at N.J.S.A. 19:44A-20.13 to 20.25 (“Chapter 51”), and Executive Order No. 333 (2023), contracts awarded pursuant to a fair and open process do not require a certification or disclosure of any solicitation or contribution of money, or pledge of contribution, including in-kind contributions.

For Contracts Awarded Pursuant to a Non-Fair and Open Process:
Pursuant to P.L.2005, c.51, as amended by the Elections Transparency Act, P.L.2023, c.30, codified at N.J.S.A. 19:44A-20.13 to 20.25 (“Chapter 51”), and Executive Order No. 333 (2023), the State shall not enter into a Contract to procure services or any material, supplies or equipment, or to acquire, sell, or lease any land or building from any Business Entity, where the value of the transaction exceeds $17,500, if that Business Entity has solicited or made any contribution of money, or pledge of contribution, including in-kind contributions, to a Continuing Political Committee or to a candidate committee and/or election fund of any candidate for or holder of the public office of Governor during certain specified time periods.

Executive Order 134

Public Law 2005, Chapter 51

Elections Transparency Act, P.L.2023, c.30

Executive Order No. 333 (2023)

VENDOR IMPACT:

To be eligible for an award, a vendor must comply with the requirements of P.L.2005, c.51 (N.J.S.A. 19:44A-20.13-20.25, superseding Executive Order 134 (2004) and comply with Executive Order 333(2023).

NEW JERSEY BUSINESS REGISTRATION CERTIFICATE REQUIREMENT

A New Jersey Business Registration Certificate (BRC) is required for the processing of Chapter 51/Executive Order 333 Vendor Certification and Disclosure of Political Contributions for Non-Fair and Open Contracts form (Chapter 51 form). Those business entities seeking political contribution compliance with the State of New Jersey must first obtain a BRC prior to submitting documents for approval.

TWO-YEAR CERTIFICATION

All vendor C.51/EO333 certifications are approved for a two-year period effective the date of approval. The vendor’s certification approval is valid statewide for any State Agency contract. New documents are only required to be submitted if, during the two year timeframe, the vendor makes reportable political contributions or has a change in their ownership structure. Notification of compliance status is sent to the contracting State Agency.

ADDITIONAL INFORMATION

Two-Year Chapter 51/Executive Order 333 Vendor Certification and Disclosure of Political Contributions for Non-Fair and Open Contracts

Political Contributions Compliance

File Download

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Additional Vendor Forms

Additional Information

Business Entity Annual Disclosure Statement

A business entity that receives $50,000 or more through agreements or contracts with New Jersey public entities is required to file the electronic annual disclosure statement (Form BE) with the New Jersey Election Law Enforcement Commission on or before March 30th of each calendar year. View information, forms, and instructions.

Nonprofit Disclosure

Note: On January 13, 2008, P.L.2007, c.304 was signed into law by Governor Corzine to clarify that the pay-to-play disclosure laws do not apply to nonprofit entities. As a result, nonprofits that contract with government entities are no longer required to file the Business Entity Annual Statement with the Election Law Enforcement Commission (ELEC). Nonprofits are also no longer required to file similar disclosure documents with a government contracting agency prior to the award of a contract.

Executive Order 118

On September 24, 2008, Governor Jon S. Corzine issued EO 118, which is designed to protect the integrity of government contractual decisions pertaining to redevelopment projects. The executive order applies to the State Redevelopment entities and those redevelopers that enter or propose to enter into an agreement with the state entity. The Executive Order itself contains restrictions and reporting requirements that necessitate a thorough review.

Executive Order 118

EO 118 Q&A

State Treasurer's List of State Redevelopment Entities Pursuant To Executive Order No.118 (2008)

Please direct specific questions regarding the Two-Year Ch 51/Executive Order 333 Vendor Certification and Disclosure of Political Contributions for Non-Fair and Open Contracts form (Chapter 51 form) or P.L.2005, c.51 and Executive Order 333 (2023) to preo134@treas.nj.gov.

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