reglab/housing_qa huggingface dataset:
29 DE Code § 6929. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter III. Materiel and Nonprofessional Services|§ 6929. Contract insurance and contract liability.

§ 6929. Contract insurance and contract liability. In addition to bond requirements as stated in § 6927 of this title, each successful bidder shall purchase adequate insurance for the performance of the contract and, by submission of a bid, agrees to indemnify and save harmless and to defend all legal or equitable actions brought against the State, any agency, officer and/or employee of the State, for and from all claims of liability which is or may be the result of the successful bidder's actions during the performance of the contract. The purchase or nonpurchase of such insurance or the involvement of the successful bidder in any legal or equitable defense of any action brought against the successful bidder based upon work performed pursuant to the contract will not waive any defense which the State, its agencies and their respective officers, employees and agents might otherwise have against such claims, specifically including the defense of sovereign immunity, where applicable, and by the terms of this section, the State and all agencies, officers and employees thereof shall not be financially responsible for the consequences of work performed, pursuant to said contract. 70 Del. Laws, c. 601, §  7;
29 DE Code § 6930. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter III. Materiel and Nonprofessional Services|§ 6930. Right to audit records.

§ 6930. Right to audit records. An agency shall have the right to audit the books and records of a contractor or any subcontractor under any contract or subcontract to the extent that the books and records relate to the performance of the contract or subcontract. The books and records shall be maintained by the contractor for a period of 3 years from the date of final payment under the prime contract and by the subcontractor for a period of 3 years from the date of final payment under the subcontract. 70 Del. Laws, c. 601, §  7;
29 DE Code § 6931. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter III. Materiel and Nonprofessional Services|§ 6931. Procurement of information and telecommunications systems.

§ 6931. Procurement of information and telecommunications systems. All information regarding the procurement of information and telecommunication technology, as prescribed by the Executive Director of the Office of Information Systems, shall be submitted to the Office of Information Systems no later than 90 days from the receipt of such materiel. The acquisition of computer information systems shall be governed by Chapter 63 of this title. 70 Del. Laws, c. 601, §  7;
29 DE Code § 6932. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter III. Materiel and Nonprofessional Services|§ 6932. Maximum practicable competition.

§ 6932. Maximum practicable competition. Descriptions or specifications shall not use a brand or trade name except as an indication of the type and quality of materiel and in all such cases shall contain the words “or approved equal.” All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the agency's needs and shall not be unduly restrictive. 70 Del. Laws, c. 601, §  7;
29 DE Code § 6933. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter III. Materiel and Nonprofessional Services|§ 6933. Authorization for cooperative purchasing.

§ 6933. Authorization for cooperative purchasing. (a) The Section may, with written approval of the Director, participate in, sponsor, conduct or administer a cooperative or joint purchasing agreement for the procurement of materiel or nonprofessional services with 1 or more public procurement units either within the State or within another state in accordance with an agreement entered into between the participants. (b) The Section may grant temporary approval to another agency to participate in, sponsor, conduct or administer a cooperative or joint purchasing agreement for the procurement of materiel or nonprofessional services with the written approval of the Director. 70 Del. Laws, c. 601, §  7;  75 Del. Laws, c. 88, §§  16(5), 22;  77 Del. Laws, c. 327, §  29;  78 Del. Laws, c. 290, §  24(c);
29 DE Code § 6934. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter III. Materiel and Nonprofessional Services|§ 6934. Purchase of used materiel or equipment.

§ 6934. Purchase of used materiel or equipment. Any agency may purchase used equipment or other materiel by negotiated purchase, rather than by competitive bidding, as provided in this chapter, if it is demonstrated to the satisfaction of the agency head that the negotiated price is reasonable for the intended use. The contracting agency shall use lifecycle costing analysis as specified in §§ 6902 and 6909A(b) of this title prior to demonstrating to the agency head that the negotiated price is reasonable for the intended use. 70 Del. Laws, c. 601, §  7;  74 Del. Laws, c. 419, §  7;
29 DE Code § 6935. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter III. Materiel and Nonprofessional Services|§ 6935. Purchases using federal contracts.

§ 6935. Purchases using federal contracts. The Director may enter into negotiations with various manufacturers or distributors and award contracts which will enable agencies and local governments to purchase materiel at prices approved by the General Services Administration of the United States government or its successor. 70 Del. Laws, c. 601, §  7;  75 Del. Laws, c. 88, §  16(5);
29 DE Code § 6936. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter III. Materiel and Nonprofessional Services|§ 6936. Special requirements for financial contracts.

§ 6936. Special requirements for financial contracts. No contract shall be awarded which includes the transportation, handling or storage of moneys, including lawful currency and coin, negotiable and nonnegotiable securities, stocks, bonds, coupons and things of unusual value unless the successful bidder shall have, at the time of the award of the contract, a valid license as required by Chapter 32 of Title 5. At the time of the submission of its bid, the bidder shall provide evidence of possession of such license or evidence that application for such license was made with the State Banking Commissioner and all fees required by such Chapter 32 of Title 5 had been paid. 70 Del. Laws, c. 601, §  7;
29 DE Code § 6937. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter III. Materiel and Nonprofessional Services|§ 6937.

§ 6937.
29 DE Code § 6939. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter III. Materiel and Nonprofessional Services|§ 6939. Purchase of energy efficient products.

§ 6939. Purchase of energy efficient products. (a) Agencies shall purchase Energy Star products, as designated by the federal Environmental Protection Agency, when such products are available. The agency may include non-Energy Star rated equipment as an alternate in the bid documents to enable lifecycle costing analysis to be performed as part of the analysis of responsive bids. The agency shall be required to award a contract that includes the procurement of Energy Star rated equipment unless the agency can demonstrate, in writing, to the satisfaction of the Director, that the interests of the state would be better served by procuring non-Energy Star rated equipment. (b) Prior to initiating a request for procurement of any product, an agency shall review the specifications for such product to determine whether an Energy Star product is available. If an Energy Star product is available, the agency is required to include in its bid specifications the requirement that the product be an Energy Star product unless the agency can demonstrate, in writing, to the satisfaction of the agency head, that a product with an Energy Star rating meets at least 1 of the following criteria:  (1) The product is not available competitively, (2) The product is not available within a reasonable time frame, or (3) The product does not meet appropriate performance standards. The agency may include non-Energy Star rated equipment as an alternate in the bid documents to enable lifecycle costing analysis to be performed as part of the analysis of responsive bids. The agency shall be required to award a contract that includes the procurement of Energy Star rated equipment unless the agency can demonstrate, in writing, to the satisfaction of the Director, that the interests of the state would be better served by procuring non-Energy Star rated equipment. 74 Del. Laws, c. 416, §  1;  75 Del. Laws, c. 88, §  16(5);
29 DE Code § 6961. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter IV. Public Works Contracting|§ 6961. Small public works contract procedures.

§ 6961. Small public works contract procedures. (a) Applicability. — Any state contract for which an agency is a party and for which the probable cost is less than or equal to the threshold amount(s) set by the Contracting and Purchasing Advisory Council pursuant to § 6913 of this title for small public works contracts shall be subject to the provisions of this section. (b) Procedure. — All contracts entered into pursuant to this section shall follow the procedures as prescribed by the Director pursuant to § 6922 of this title. (c) Bid and performance bonds as authorized in § 6962 of this title may be made a requirement by the agency for contracts made pursuant to this section. 70 Del. Laws, c. 601, §  9;  75 Del. Laws, c. 88, §  16(5);
29 DE Code § 6963. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter IV. Public Works Contracting|§ 6963. Emergency procedures and contract change orders.

§ 6963. Emergency procedures and contract change orders. (a) All of the provisions of this subchapter may be waived pursuant to § 6907 of this title. (b) The awarding agency may issue a change order to the public works contract setting forth any change, addition or extra work required to be undertaken by the contractor. Such changes may be necessitated by changed situations, unforeseen conditions, strikes and acts of God. Change orders shall be issued for all changes or extra work determined to be necessary and requested by the agency, but not specified in the contract or its plans and specifications. The change order shall not:  (1) Be subject to the competitive bidding requirements of this subchapter; or (2) Invalidate the contract, provided that such change is within the scope of the contract as set forth in the standard specifications, special provisions or similar publication of the agency; or (3) Be subject to the requirement for lifecycle costing analysis as described in §§ 6902 and 6909A(a) of this title.70 Del. Laws, c. 601, §  9;  74 Del. Laws, c. 419, §  9;
29 DE Code § 6964. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter IV. Public Works Contracting|§ 6964. Contract performance.

§ 6964. Contract performance. If any firm entering into a public works contract neglects or refuses to perform or fails to comply with its terms, the agency may terminate the contract and proceed to award a new contract in accordance with this subchapter or may require the surety on the performance bond to complete the contract in accordance with the terms of the performance bond. 70 Del. Laws, c. 601, §  9;
29 DE Code § 6965. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter IV. Public Works Contracting|§ 6965. Sole source procurement.

§ 6965. Sole source procurement. (a) A contract may be awarded for a public works project without competition if the agency head, prior to the procurement, determines in writing that there is only 1 source for the required public works project. Sole source procurement shall not be used unless there is sufficient evidence that there is only 1 source for the required public works project and that no other type of public works project will satisfy the requirements of the agency. The agency shall examine cost or pricing data, which shall include lifecycle costing analysis as described in §§ 6902 and 6909A(a) 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 on the basis for the sole source procurement shall be included in the contract file. (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, §  9;  74 Del. Laws, c. 419, §  10;  75 Del. Laws, c. 88, §  22;
29 DE Code § 6966. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter IV. Public Works Contracting|§ 6966. Multiple source contracting.

§ 6966. Multiple source contracting. An agency may award a contract for a particular public works project to 2 or more firms if the agency head makes a determination that such an award is in the best interests 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 will be based. 70 Del. Laws, c. 601, §  9;
29 DE Code § 6967. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter IV. Public Works Contracting|§ 6967. Requirement of occupational and business license [For application of (b) and (c), see 79 Del. Laws, c. 401, § 4].

§ 6967. Requirement of occupational and business license [For application of (b) and (c), see 79 Del. Laws, c. 401, § 4]. (a) All contractors, subcontractors and independent contractors shall have a proper and current occupational and/or business license, as required by Title 30, to enter or perform work under a public works contract. It is the responsibility of a contractor to verify and make a record that all subcontractors or independent contractors working for such contractor pursuant to a public works contract shall have their occupational and/or business licenses, as required by Title 30. (b) No agency shall accept a proposal for a public works contract unless such contractor has provided a proper and current copy of its occupational and/or business license, as required by Title 30, to such agency. (c) Any contractor that enters a public works contract must provide to the agency to which it is contracting, within 30 days of entering such public works contract, copies of all occupational and business licenses of subcontractors and/or independent contractors that will perform work for such public works contract. However, if a subcontractor or independent contractor is hired or contracted more than 20 days after the contractor entered the public works contract the occupational or business license of such subcontractor or independent contractor shall be provided to the agency within 10 days of being contracted or hired. (d) Any contractor, subcontractor or independent contractor that does not have a proper and current occupational and/or business license, as required by Title 30, while working under a public works contract shall be subject to a civil penalty not to exceed $1,000. Such penalty shall be enforced by the Director of Revenue and administered in accordance with Chapters 3 and 5 of Title 30. This penalty shall be in addition to any other penalties imposed pursuant to Title 30. 79 Del. Laws, c. 401, §  1;
29 DE Code § 6968. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter IV. Public Works Contracting|§ 6968. Requirement of certificate of registration.

§ 6968. Requirement of certificate of registration. (a) After a bid proposal for a public works contract is submitted, but before the award of a public works contract, a 259 contractor must provide the agency to which it is contracting a copy of the certificate of registration under Chapter 36 of 260 Title 19 for each subcontractor listed in the bid proposal. (b) An agency shall provide contractors and subcontractors the opportunity to register under Chapter 36 of Title 19 262 before the award of a contract. 82 Del. Laws, c. 168, §§  5, 6;  82 Del. Laws, c. 291, § 2;
29 DE Code § 6970. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter IV. Public Works Contracting|§ 6970. Open-end contract process for highway construction and reconstruction.

§ 6970. Open-end contract process for highway construction and reconstruction. (a) Legislative findings. — The General Assembly finds that certain market conditions, including but not limited to a diminished number of available private contractors and/or limits on competitive pricing opportunities for basic materials, can impede the State's ability to complete its highway construction and reconstruction projects on a timely and useful schedule. Under these circumstances, the General Assembly finds that the limited use of an open-end contract process for such work may enable the Department of Transportation to meet its capital improvement schedules despite these impediments. (b) Notwithstanding any portion of this chapter to the contrary, the Department of Transportation is hereby authorized to use an open-end contract process for highway construction and reconstruction projects, under the following terms and conditions:  (1) As used herein, “open-end contract” means a contract for highway construction and reconstruction work to be performed for a defined period of time, not to exceed 3 years, in which the Department may designate 1 or more locations for highway construction and reconstruction projects to be completed during the contract period, and in which the payments for the work to be performed at such locations are calculated based on a unit price/item basis during the contract period. (2) The Department shall limit the use of this contract process to no more than 25% of its total authorized capital improvement budget for the applicable fiscal year or years, in order to provide adequate alternative contracting opportunities for those seeking to work on other Departmental highway construction and reconstruction projects. (3) The Department may award open-end contracts to more than 1 firm, for work anywhere within the State, as it deems necessary. (4) In all other respects, the award and execution of open-end contracts shall be deemed to have complied with the provisions of this subchapter.74 Del. Laws, c. 308, §  108;
29 DE Code § 6970A. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter IV. Public Works Contracting|§ 6970A. Design-build contracting for Transportation Trust Fund projects.

§ 6970A. Design-build contracting for Transportation Trust Fund projects. (a) As used herein, “design-build contracting” is a project delivery method under which the procurement of both the design and construction of a project is done in a single contract with a company or combination of companies capable of providing the necessary engineering services and construction. (b) Notwithstanding any portion of this chapter to the contrary, the Department of Transportation is hereby authorized to use design-build contracting method, under the following terms and conditions:  (1) The contract terms shall include provisions to pay the prevailing wage rates as provided in § 6960 of this title, in conjunction with federal prevailing wage rates for such work; (2) The contracts shall adhere to § 6962(d)(4)a., (d)(7) and (d)(8) of this title; (3) Any such contracts shall conform to all applicable federal laws and regulations concerning design-build contracting, including but not limited to 23 C.F.R. Part 636, without regard to the source of funds; and (4) Any design-build contract for the construction of any transportation facility shall also be subject to the provisions of Chapter 8 of Title 17. (c) The use of design-build contracting shall be used at the discretion of the Secretary of the Department of Transportation for specialized projects that have time constraints, unique site conditions, specialized construction methods or similar complexities and is expected to be used on a limited basis. 80 Del. Laws, c. 107, §  1;
29 DE Code § 6971. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 69. State Procurement|Subchapter V. The Energy Performance Contracting Act|§ 6971. Short title; declaration of policy.

§ 6971. Short title; declaration of policy. (a) This subchapter shall be known and may be cited as the “Energy Performance Contracting Act.” (b) The General Assembly finds that investment in energy conservation measures in agency facilities can reduce the amount of energy consumed and produce immediate and long-term savings. It is the policy of this State to encourage agencies to invest in energy conservation measures that reduce energy consumption, produce a cost savings for the agency, and improve the quality of indoor air in public facilities and to operate, maintain, and when economically feasible, build or renovate existing agency facilities in such a manner as to minimize energy consumption and maximize energy savings. It is further the policy of this state to encourage agencies to reinvest any energy savings resulting from energy conservation measures in additional energy conservation efforts. 75 Del. Laws, c. 67, §  2;