reglab/housing_qa huggingface dataset:
29 DE Code § 6907. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter I. General Provisions|§ 6907. Emergency procedures and critical need for professional services.

§ 6907. Emergency procedures and critical need for professional services. (a) An agency head may waive any or all provisions of this chapter to meet the critical needs of the agency as required by emergencies or other conditions where it is determined to be in the best interest of the agency. The agency head may determine an emergency condition exists by reason of extraordinary conditions or contingencies that could not reasonably be foreseen and guarded against. An emergency condition creates an immediate and serious need for materiel and/or nonprofessional services that cannot be met through normal procurement methods for the protection of public health, safety or property. (1) Any procurement pursuant to this subsection shall be limited to those materials and/or nonprofessional services necessary to satisfy the emergency. (2) Any public works project contracted pursuant to this subsection shall be subject to § 6960 of this title. (3) Any public works project contracted pursuant to this subsection shall be subject to § 6962(d)(4)b. of this title. (4) A copy of each emergency determination processed under this procedure shall be kept on file by the agency. (b) In addition to the waiver provisions provided for in subsection (a) of this section, an agency head may waive any or all provisions of subchapter VI of this chapter to meet a critical need of the agency as required by an emergency or other condition where it is determined to be in the best interest of the agency. The agency head may determine a critical need exists by reason of conditions or contingencies that could not reasonably be foreseen and guarded against. A critical need creates a need for professional services that cannot be met through normal procurement methods. (1) Any procurement pursuant to this subsection shall be limited to those professional services necessary to satisfy the critical need. (2) A copy of each critical need determination processed under this procedure shall be kept on file by the agency.70 Del. Laws, c. 601, §  5;
29 DE Code § 6908. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter I. General Provisions|§ 6908. Section powers and duties.

§ 6908. Section powers and duties. (a) In addition to the powers and duties prescribed by other sections in this chapter, the Section shall do all of the following:  (1) Review and recommend improvements to the State's procurement process. (2) Function as the contracting agent in central or joint contracting for state agencies provided, that, at a minimum, all contracts are awarded in conformance with the requirements of this chapter. The Section is required to meet or exceed the requirements of the agencies.  (3) Function as a resource for state agencies by providing, on request, procurement information and assistance. (4) Serve as a clearinghouse for procurement information for materiel and services for both agencies and vendors. (5) Promulgate rules and regulations to effect this chapter. Such rules and regulations shall be promulgated according to the Administrative Procedures Act in Chapter 101 of this title and shall be approved by the Contracting and Purchasing Advisory Council.  (6) Establish procedures through which all public works contracts, which are paid in whole or in part through public funds, include provisions requiring the contractor, its agents, and employees to implement a mandatory drug testing program for all employees or agents working on the job site in nonclerical positions. Provisions governing mandatory drug testing shall be incorporated into all public works contracts and the rules governing the administration of such tests by the contractor shall be promulgated by the Director pursuant to this subsection. (7) Administer on behalf of all agencies the State's centralized procurement computer system or software that is used for contract development, solicitation, evaluation, and contract administration. The Section may, with written approval of the Director, authorize an agency to operate, with approved integration, a separate bidding or contract administration platform provided that all information is readily shared with the statewide portal managed by the Section. (8) Assume such other powers, duties, and functions as the Director of the Office may assign which are not otherwise inconsistent with the laws of this State. (b) The Office shall not charge any agency any fee for central contracting services. The Director of the Office may charge any agency of this State local government unit or volunteer fire departments within the State for which the Office makes purchases, supplies, contractual services or to which it distributes materiel a reasonable service charge. The Office shall deposit such charges into a special account to be used to effectuate the purposes of the Office. 70 Del. Laws, c. 601, §  5;  75 Del. Laws, c. 88, §§  16(5), 22;  75 Del. Laws, c. 283, §  1;  81 Del. Laws, c. 298, § 2;
29 DE Code § 6909. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter I. General Provisions|§ 6909. Special requirements for contracts involving environmental statutes.

§ 6909. Special requirements for contracts involving environmental statutes. All contracts covered under this chapter shall make provisions for all federal and state anti-pollution, conservation and environmental statutes, rules and regulations and county ordinances which will be involved in the execution of the contract. 70 Del. Laws, c. 601, §  5;  74 Del. Laws, c. 419, §  3;
29 DE Code § 6909A. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter I. General Provisions|§ 6909A. Lifecycle costing analysis.

§ 6909A. Lifecycle costing analysis. (a) In the case of small and large public works contracts awarded under § 6961, § 6962 or § 6965 of this title, the contracting agency shall require the project architect or project engineer to perform lifecycle costing analysis on equipment, systems, materiel and design elements for public works projects when said equipment, systems, materiel and design elements have the potential to reduce operating, maintenance or energy costs over the useful life of the public works project. On the basis of said analysis, the project architect or the project engineer shall incorporate in the public works contract specifications the equipment, systems, materiel, and design elements for the public works project that have the lowest total cost of ownership and operation over the useful life of the public works project. The use of lifecycle costing analysis may be waived by the agency head, in writing, if any of said equipment, systems, materiel or design elements are not appropriate for lifecycle costing analysis. (b) In the case of contracts awarded under §§ 6922, 6923, 6924, 6925, 6933, 6934 and 6938 of this title, the contracting agency shall perform lifecycle costing analysis on equipment that has the potential to reduce operating, maintenance or energy costs over the useful life of the equipment. On the basis of said analysis, the contracting agency shall incorporate specifications in the contract for equipment that has the lowest total cost of ownership and operation over the useful life of the equipment. The use of lifecycle costing analysis may be waived by the agency head, in writing, if the equipment is not appropriate for lifecycle costing analysis. In the case of central contracts, and public works contracts awarded by the Office, only the Director may waive the use of lifecycle costing analysis. 74 Del. Laws, c. 419, §  4;  75 Del. Laws, c. 88, §  16(5);
29 DE Code § 6909B. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter I. General Provisions|§ 6909B. Fair background check practices.

§ 6909B. Fair background check practices. The State shall include in all formal solicitations a section stating the State does not consider the criminal record, criminal history, credit history, or credit score of an applicant for state employment during the initial application process unless otherwise required by state and/or federal law, and vendors doing business with the State are encouraged to adopt similar policies. 79 Del. Laws, c. 227, §  3;
29 DE Code § 6910. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter II. Central Contracting|§ 6910. Applicability.

§ 6910. Applicability. (a) This subchapter shall apply to all covered agencies as defined in § 6902(6) of this title. (b) Any organization, entity or person designated as the recipient of grant-in-aid shall be entitled to purchase material, nonprofessional services, or professional services under any central contract negotiated by the Section during the fiscal year for which aid is appropriated, provided that all of the following apply:  (1) The organization, entity, or person received an appropriation of at least $100,000. (2) The organization, entity, or person has a staff of at least 5 people. (c) Any bona fide nonprofit organization, entity, or person who is under contract with the State to provide goods or services shall be entitled to purchase materials, nonprofessional services, or professional services under any central contract negotiated by the Section during the fiscal year for which said nonprofit contract is in effect, provided that either of the following apply:  (1) The organization, entity, or person is a bona fide § 501(c)(3) [26 U.S.C. § 501(c)(3)] organization under the United States Internal Revenue Code. (2) The organization, entity, or person is a member in good standing of the Delaware Alliance for Nonprofit Advancement or a Delaware registered nonprofit corporation. (d) Any organization, entity, or person who is a participant in the Business Enterprise Program sanctioned by Division of the Visually Impaired (DVI) shall be entitled to purchase material, nonprofessional services, or professional services under any central contract negotiated by the Section, provided that the participant holds a valid license issued by DVI. (e) Any municipality, political subdivision, or local government unit within the State shall be entitled to purchase material, nonprofessional services, or professional services under any central contract negotiated by the Section. 70 Del. Laws, c. 601, §  5;  71 Del. Laws, c. 409, §  1;  73 Del. Laws, c. 388, §  1;  74 Del. Laws, c. 419, §  3;  75 Del. Laws, c. 88, §  22;  79 Del. Laws, c. 225, §  1;  82 Del. Laws, c. 179, § 1;
29 DE Code § 6911. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter II. Central Contracting|§ 6911. Authority and responsibilities.

§ 6911. Authority and responsibilities. (a) The Section shall act as the exclusive contracting agent for all purchases of materiel and nonprofessional services not subject to the small purchasing procedures made by contracting agencies and as outlined in this subchapter and made by 2 or more covered agencies except for lodging and interstate and international travel and except as provided for in subsection (d) of this section. (b) The Section shall have the following responsibilities for central contracts:  (1) Assembling the bid specification package; (2) Conducting the advertising, bidding and awarding of each contract; (3) Resolving disagreements between vendors and agencies; and (4) Assuring that vendors and products meet the requirements of awarded contracts. (c) Each agency that participates in a central contract shall have the following responsibilities for the materiel or service purchased under that contract:  (1) Providing and approving commodity specifications; (2) Participating in user groups by requiring that appropriate covered agency staff attend user group meetings, as described in § 6912 of this title; and (3) Providing information concerning contract effectiveness to the Section. (d) Covered agencies shall exclusively use central contracts. A covered agency head may exempt the agency from a central contract only when all of the following conditions are met by the covered agency head:  (1) Demonstration that participation in a central contract would negatively impact the operations of the covered agency. However, operations, as used in this subsection, shall not include the fiscal impact to the covered agency; (2) Demonstration that the covered agency has attempted to negotiate the specifications with the Section prior to the covered agency head exempting the materiel or service; and (3) Demonstration that the exemption is an exception to the covered agency's use of a central contract rather than a common practice. Any exemption issued by an agency head under this subsection shall not be a blanket exemption but shall only apply to an individual central contract. (e) The Administrator of the Section may waive the requirement that a covered agency use a state contract in the event the Administrator deems such a waiver is in the best interest of the State. 70 Del. Laws, c. 601, §  5;  74 Del. Laws, c. 419, §  3;  75 Del. Laws, c. 88, §  22;  75 Del. Laws, c. 89, §  157;
29 DE Code § 6912. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter II. Central Contracting|§ 6912. Covered agency user groups.

§ 6912. Covered agency user groups. (a) The Section shall establish, convene and chair user groups for the purchase of a materiel or service or group of materiel and/or services by a central contract or contracts. Convention of a user group may include, but is not limited to, a formal meeting, electronic mail among user group members and/or a teleconference among user group members. The method by which the user group convenes shall be agreed to by all user group members. (b) The Section shall provide reasonable opportunity for each covered agency to participate in a user group if that covered agency anticipates the purchasing of materiel or service or services or a group of materiel and/or services under a specific central contract to be written and bid. A covered agency not participating in a user group shall not be grounds for an exception to the use of that central contract. A user group shall perform at least the following functions for the materiel or service or group of materiel and/or services to be purchased by a central contract:  (1) Make recommendations on the contents of the contract; (2) Rate vendors, materials and/or services; (3) Rate the effectiveness of the contract; and (4) Qualify a materiel and/or service.70 Del. Laws, c. 601, §  6;  74 Del. Laws, c. 419, §  3;  75 Del. Laws, c. 88, §  22;
29 DE Code § 6913. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter II. Central Contracting|§ 6913. Contracting and purchasing advisory council.

§ 6913. Contracting and purchasing advisory council. (a) There is established a Contracting and Purchasing Advisory Council to consist of all covered agency heads or their designee and 1 additional member representing all public school districts. The Administrator of the Section shall be a nonvoting member of the Council. (b) The Director of the Office shall be the Council Chair. (c) The purpose of the Council is to advise as to the effectiveness of and make recommendations for changes to the State's procurement laws, policies and practices to the Director of the Office and the Administrator of the Section. (d) The Council shall be responsible for:  (1) Recommending procurement policy and administrative procedures to the Director. The Director shall elicit the Council's comments before issuing policy statements, policy changes, administrative procedures or administrative changes regarding this chapter; (2) Reporting annually to the Governor by December 31 of each year concerning the effectiveness of the State's procurement processes. This report shall include recommended changes to the State's procurement laws as may be necessary to improve the State's overall effectiveness; (3) Reviewing vendor concerns regarding the overall procurement process and recommending appropriate action relating to these concerns; and (4) Setting the dollar amount thresholds required in this chapter. When setting these dollar amount thresholds, the Council shall take into consideration operational issues and inflation. Nothing in this subsection shall affect the amounts set in § 6960 of this title. (e) A Contracting and Purchasing Committee shall also be established. The Section Administrator shall appoint representatives to the Committee, with the approval of the Council. The Section Administrator shall chair the Committee. The Committee shall staff the Council, monitor the effectiveness of the State's procurement process, recommend changes to the procurement process, policies and procedures and any other duties deemed necessary by the Council. 70 Del. Laws, c. 601, §  7;  74 Del. Laws, c. 419, §  3;  75 Del. Laws, c. 88, §§  16(5), 22;  83 Del. Laws, c. 56, § 33(b);
29 DE Code § 6914. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter II. Central Contracting|§ 6914. Delegation of centralized contracting authority.

§ 6914. Delegation of centralized contracting authority. The Section may delegate its centralized contracting authority for specific materials and/or services or groups of materials and/or services to another covered agency with the covered agency's concurrence. 70 Del. Laws, c. 601, §  7;  74 Del. Laws, c. 419, §  3;  75 Del. Laws, c. 88, §  22;
29 DE Code § 6915. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter II. Central Contracting|§ 6915. Exceptions.

§ 6915. Exceptions. (a) In a contract for professional services, public works or nonprofessional services, where the contract includes items that are a part of a central purchasing contract, those items shall not be subject to the purchasing requirements of this title. (b) If a service or a materiel is a component part of a specific project that is part of another contract, then the requirements of this subchapter shall not apply. (c) This section is not intended to allow agencies to avoid the use of central purchasing contracts by contracting with a vendor under the auspices of procuring a good or service when the sole or partial purpose of such a contract is to procure from that vendor another good or service that is on a central purchasing contract. 70 Del. Laws, c. 601, §  7;  74 Del. Laws, c. 419, §  3;
29 DE Code § 6916-6921. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter II. Central Contracting|§ 6916-6921.

§ 6916-6921.
29 DE Code § 6922. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter III. Materiel and Nonprofessional Services|§ 6922. Small purchase procedure.

§ 6922. Small purchase procedure. (a) Applicability. — Any state contract for which an agency is a party for materiel or nonprofessional services, whose annual probable cost is less than the threshold amount or amounts set by the Contracting and Purchasing Advisory Council pursuant to § 6913 of this title, may be made under small purchase procedures established by the Director. (b) Procedure. — The Director, with the approval of the Contracting and Purchasing Advisory Council, shall provide for a simplified administrative process for obtaining competitive prices for small purchases. The procedure shall incorporate the procedures identified as lifecycle costing analysis as specified in §§ 6902 and 6909A(b) of this title. This procedure shall be in writing and distributed to all agencies. 70 Del. Laws, c. 601, §  7;  74 Del. Laws, c. 419, §  5;  75 Del. Laws, c. 88, §  16(5);
29 DE Code § 6925. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter III. Materiel and Nonprofessional Services|§ 6925. Sole source procurement.

§ 6925. Sole source procurement. (a) A contract may be awarded for materiel or nonprofessional services without competition if the agency head, prior to the procurement, determines in writing that there is only 1 source for the required materiel or nonprofessional service. Sole source procurement shall not be used unless there is sufficient evidence that there is only 1 source for the required material or service and that no other type of material or service will satisfy the requirements of the agency. The agency shall examine cost or pricing data, which shall include lifecycle costing analysis as specified in §§ 6902 and 6909A(b) of this title if the sole source offers more than 1 type or variety of equipment, prior to an award under this section. Sole source procurement shall be avoided, except when no reasonable alternative sources exist. A written determination by the agency stating the basis for the sole source procurement shall be included in the agency contract file. Textbooks and related instructional materials are sole source purchases. (b) An agency seeking a sole source procurement shall prepare written documentation citing the existence of a sole source condition. The document shall include the specific efforts made to determine the availability of any other source and an explanation of the procurement need. The agency may, for confirmation, submit this documentation to the Section for review and comment prior to the intended date of award. (c) The agency shall negotiate with the single supplier, to the extent practicable, a contract advantageous to the agency. The agency shall enter into a formal contract stating the terms and conditions of the procurement. 70 Del. Laws, c. 601, §  7;  74 Del. Laws, c. 419, §  6;  75 Del. Laws, c. 88, §  22;
29 DE Code § 6926. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter III. Materiel and Nonprofessional Services|§ 6926. Multiple source contracting.

§ 6926. Multiple source contracting. An agency may award a contract for a particular materiel or nonprofessional service to 2 or more firms if the agency head makes a determination that such an award is in the best interest of the State. If such a determination is made, the advertisement shall include a notification of the right of the agency to make such an award and the criteria upon which such an award shall be based. 70 Del. Laws, c. 601, §  7;
29 DE Code § 6928. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter III. Materiel and Nonprofessional Services|§ 6928. Failure to comply with contract.

§ 6928. Failure to comply with contract. If any firm entering into a contract under the authority of this chapter neglects or refuses to perform it or fails to comply with the terms thereof, the agency may terminate the contract and proceed to award a new contract in accordance with this chapter or the agency may require the surety on the performance bond to complete the contract in accordance with the terms of the performance bond. Nothing herein shall preclude the agency from pursuing additional remedies as otherwise provided by law. 70 Del. Laws, c. 601, §  7;