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WHEREAS, Executive
Order No. 79 issued on January 12, 1993 and Executive Order No.
92 issued on May 4, 1993 established the policy of the State with
regard to the issuing of bonds, notes and other instruments, and
the awarding of underwriting, bond counsel, architectural, engineering
and other professional contracts; and
WHEREAS, it
was recognized that implementation of Executive Order Nos. 79 and
92 and the procedures set in place as a result thereof would need
continuous monitoring in order to ensure the effectiveness and appropriateness
of the policies adopted; and
WHEREAS, the
policies and procedures established by Executive Orders No. 79 and
No. 92 have now been in place for a number of months; and
WHEREAS, it
is important that an analysis of the effect of these policies and
procedures be conducted by the Executive Branch, which is responsible
for administering the procedures and monitoring the results thereof;
and
WHEREAS, it
is appropriate that the views of the public and of the affected
issuers, service providers and professionals be solicited on the
existing procedures; and
WHEREAS, it
is also important to ensure that the methods used by the State for
the issuance of bonds, notes or other instruments and the selection
of all underwriters, financial advisors, bond counsel and providers
of other professional services provide the highest degree of quality
and performance and instill the greatest level of public trust while
at the same time yielding the maximum cost savings for the citizens
of this State;
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. There
is hereby created an Advisory Panel on Government Contracting
Procedures (hereinafter "Advisory Panel") to consist of: a) the
Attorney General, b) the State Treasurer and c) the Chief Counsel
to the Governor, who shall serve as chair.
2. The Advisory
Panel shall make a comprehensive review of the existing procedures
for: a) the issuance of bonds, notes or similar instruments; b)
the selection of underwriters in connection with the issuance
of bonds, notes or other instruments; c) the retention of attorneys
or law firms in connection with the issuance of bonds, notes or
other instruments; and d) the retention of any engineering, architectural
or other professional firms.
3. The Advisory
Panel shall report its findings within six months of the effective
date of this Order with detailed recommendations as to whether
the existing procedures should remain in place or be altered in
order to better accomplish the goals of achieving the best economic
results with the highest degree of quality from the various providers
and integrity in the award of State contracts.
4. All authorities
which are required to submit their minutes, resolutions, or actions
for gubernatorial approval or veto shall cooperate fully with
the Advisory Panel in the implementation of this Order, and shall
promptly furnish the members of the panel with any and all information
that they may from time to time request.
5. The Advisory
Panel is authorized to call upon any department, office, division
or agency of this State to supply it with data and other information,
personnel or assistance it deems necessary to discharge its duties
under this Order. Each department, officer, division or agency
of the State is hereby required, to the extent not inconsistent
with law, to cooperate with the panel and to furnish it with such
information, personnel and assistance as is necessary to accomplish
the purpose of this Order.
6. The Advisory
Panel shall take care to solicit both written and oral comments
from the public and the affected issuers, and service providers
and professionals, and to consider the views expressed by those
parties in its report.
7. This
Order shall take effect immediately.
GIVEN,
under my hand and seal,
this 27th day of January 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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