STATE OF DELAWARE

governor’s office

DOVER

EXECUTIVE ORDERS

Number 29: Ensuring Representation of Veteran-Owned Businesses in Delaware's Supplier Diversity Initiatives and Amending Executive Order No. 14

WHEREAS, the armed services of the United States are the principal vanguard of our nation and the protector of the freedoms we enjoy as Americans, and they do so through the personal sacrifice of servicemen and servicewomen dedicated to protecting our country at home and abroad;

WHEREAS, as Americans and Delawareans, we recognize the debt we owe to our veterans and acknowledge that our former service members should enjoy the same security and opportunities made available to all Americans by their service;

WHEREAS, there are more than 78,000 veterans who call Delaware home, according to the U.S Department of Veterans Affairs, but state government has not historically tracked how it conducts business with the veteran-owned businesses throughout our State;

WHEREAS, Executive Order No. 14, signed on December 22, 2009, created a Supplier Diversity Council, the purpose of which is to advocate for supplier diversity initiatives, particularly as they relate to minority and/or women-owned business enterprises;

WHEREAS, the work of the Supplier Diversity Council can be built upon by expanding its focus to include the study and consideration of how the State of Delaware does business with veteran-owned business enterprises;

WHEREAS, the work of the Supplier Diversity Council on behalf of minority and women business enterprises and veteran-owned business enterprises can and will benefit many small businesses through the development of strategies that will increase small business participation in state contracting;

WHEREAS, in its report to the Governor, the Supplier Diversity Council proposed expanding the membership of the Council to include veteran-owned businesses;

NOW THEREFORE, I, JACK A. MARKELL, by virtue of the authority vested in me as Governor of the State of Delaware, do hereby DECLARE and ORDER the following:

1. The Executive Branch will provide leadership and support to ensure that all veteran-owned business enterprises are afforded full, equitable and fair opportunities to compete for State purchasing dollars.

2. Paragraph Nos. 10, 11 and 12 of Executive Order No. 14, issued December 22, 2009 and creating the Governor’s Supplier Diversity Council (hereinafter “Council”) are hereby rescinded, and in lieu thereof, the Supplier Diversity Council is hereby reconstituted.

3. The Council shall consist of twelve (12) members who shall be citizens of the State and shall be appointed by the Governor. The Governor shall appoint a Chairperson from among its members who shall serve at the Governor’s pleasure. The members of the Council shall be appointed subject to the following qualifications:

a. Two members of the Council shall be representatives of local, private or federal minority and/or women business assistance programs or community development programs;

b. Five members of the Council shall be representatives of the minority and/or women private business sector, among whom at least two shall be women and at least two (2) shall be minority persons;

c. One representative shall be from a private sector company located in the State of Delaware that administers a supplier diversity program;

d. One member shall be a representative of the veteran-owned private business sector;

e. The Executive Director of the Office of Management and Budget (“OMB”) or his/her designee;

f. The Executive Director of the Delaware Economic and Development Office (“DEDO”) or his/her designee; and

g. One representative of the Governor.

4. Members of the Council currently serving shall continue to serve their terms without interruption. Each appointed Council member shall serve for a term of four (4) years from the date of appointment. Vacancies on the Council for any cause shall be filled by the Governor for the unexpired term and until a successor shall qualify. The Governor may appoint members for terms shorter than four (4) years where that is necessary to ensure that no more than four Council members’ terms expire in one given year. The Council shall adopt internal procedures or bylaws necessary for efficient operations.

5. The purpose of the Council shall be to:

a. Advocate for the State of Delaware’s supplier diversity initiatives;

b. Offer training and information on the tools necessary for successfully doing business with the State of Delaware as a minority and/or women business enterprise or a veteran-owned business enterprise;

c. Help maximize supplier diversity among the State agencies, and help increase contracting opportunities for qualified minority, women and/or veteran-owned business enterprises;

d. Develop criteria for evaluation of supplier diversity initiatives pursuant to this Executive Order;

e. Identify potential impediments, if any, concerning supplier diversity within State government, and develop strategies to eliminate these impediments, including the elimination of impediments that limit all small businesses from participating in contracting opportunities; and

f. As the Council has done and will continue to do for minority and/or women business enterprises, evaluate how to best serve veteran-owned businesses in the State of Delaware, including but not limited to evaluation of: (1) a definition of veteran-owned business and/or whether certification or other identification of veteran-owned businesses is achievable and advisable, (2) how the Office of Minority and Women Business Enterprise within the Office of Management and Budget might assist veteran-owned businesses, (3) how the State might report contracts awarded to veteran-owned businesses in a manner similar to its disclosure for minority and/or women owned businesses, and (4) how Executive Branch Agencies might assist veteran-owned businesses and the role of Minority and Women Business enterprise Liaisons to that purpose; and

g. Provide advice and recommendations to the Governor concerning supplier diversity strategies.

6. No provision of this Order shall be intended to create any individual right or legal cause of action, which does not currently exist under State or Federal law.

APPROVED this 6th day of September, 2011