reglab/statecodes huggingface dataset:
2023 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);
2023 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;
2023 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;
2023 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;
2023 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;
2023 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);
2023 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;
2023 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;
2023 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);
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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);
2023 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;
2023 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);
2023 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;
2023 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);
2023 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);
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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 contractor must provide the agency to which it is contracting a copy of the certificate of registration under Chapter 36 of 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 before the award of a contract.
82 Del. Laws, c. 168, §§  5, 6;  82 Del. Laws, c. 291, § 2;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 29 - State Government › Chapter 69. STATE PROCUREMENT › Subchapter V. The Energy Performance Contracting Act › § 6973. Authorization.

§ 6973. Authorization.
(a) An agency may enter into an energy performance contract with a qualified provider to reduce energy or operational costs of an agency facility through one or more energy conservation measures. Cost savings work shall comply with state or local building codes.
(b) An agency may enter into a performance contract structured as an installment payment contract or lease-purchase agreement for the purchase and installation of cost-saving measures. Financing, including tax exempt financing, implemented through an entity other than the qualified provider is authorized.
(c) The agency may enter into an energy performance contract with a qualified provider if the agency finds that the amount the agency would spend on the energy conservation measures will not exceed the amount to be saved in both energy and operational costs for up to 20 years from the date of installation.
(d) The qualified provider shall be selected pursuant to § 6924 of this title.
(e) The selected qualified provider shall prepare a financial grade energy audit which, upon acceptance, shall be part of the final performance contract which shall be executed with the agency. Notwithstanding the foregoing, if after preparation of the financial grade energy audit the governmental unit decides not to execute a performance contract, then the costs incurred in preparing such financial grade energy audit shall be paid to the qualified provider by the agency, otherwise the costs of the financial grade energy audit shall be deemed part of the costs of the performance contract.
(f) Simultaneous with the execution of a contract for energy conservation measures, the agency shall require the qualified provider to provide a payment and performance bond relating to the installation of energy conservation measures in the amount equal to 100% of the value of the performance contract.
(g) Where appropriate, agencies shall determine cost-effectiveness based on the life-cycle costs of combinations of conservation measures, particularly to encourage bundling of energy efficiency projects with onsite generation and renewable energy projects.
75 Del. Laws, c. 67, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 69. STATE PROCUREMENT › Subchapter V. The Energy Performance Contracting Act › § 6974. Allocation of obligations, use of moneys and payment schedule.

§ 6974. Allocation of obligations, use of moneys and payment schedule.
(a) Each governmental unit shall allocate sufficient moneys for each fiscal year to make payment of any amounts payable by the governmental unit under performance contracts during that fiscal year.
(b) The agency engaging in the performance contract shall retain the savings realized by entering into the performance contract. In no event shall the agency utilize such savings to supplant otherwise appropriated funds for the agency.
(c) A governmental unit may use funds designated for operating, energy, or capital expenditures for any performance contract, including, without limitation, for purchases on an installment payment or lease purchase basis.
(d) Grants, subsidies, or other payments from the State to an agency shall not be reduced as a result of energy savings obtained as a result of a performance contract during the life of the contract.
(e) A performance contract, and payments provided there under, may extend beyond the fiscal year in which the performance contract became effective, subject to appropriation of moneys, if required by law, for costs incurred in future fiscal years. The performance contract may extend for a term not to exceed 20 years.
(f) No obligation of the State or an agency under an installment payment agreement, a guaranteed energy performance contract or any other agreement entered into in connection with a project under this Chapter 69 or Chapter 80 of this title shall constitute or create a debt of the State or agency. No such obligation of the State or an agency shall constitute a tax supported obligation or a bond or a note of the State as provided in Chapter 74 of this title.
75 Del. Laws, c. 67, §  2;  77 Del. Laws, c. 222, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 69. STATE PROCUREMENT › Subchapter V. The Energy Performance Contracting Act › § 6975. Monitoring and reporting.

§ 6975. Monitoring and reporting.
(a) During the term of each performance contract, the qualified provider shall monitor the reductions in energy consumption and cost-savings attributable to the cost-savings measures installed through the performance contract, and shall, no less than annually, prepare and provide a report to the governmental unit documenting the performance of the cost-savings measures to the governmental unit.
(b) The agency and qualified provider may agree to base the measurement and verification of the performance contract on the practices outlined by the International Performance Measurement and Verification Protocol when appropriate.
75 Del. Laws, c. 67, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 69. STATE PROCUREMENT › Subchapter V. The Energy Performance Contracting Act › § 6976. Adherence to state procurement laws.

§ 6976. Adherence to state procurement laws.
(a) The qualified provider shall, in the execution of a performance contract, adhere to the requirements of § 6961 or § 6962 of this title.
(b) Before an agency enters into a performance contract, the performance contract shall be approved by the Secretary.
75 Del. Laws, c. 67, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 69. STATE PROCUREMENT › Subchapter VI. Professional Services › § 6980. Small professional services procurement process.

§ 6980. Small professional services procurement process.
Any state contract for which an agency is a party with probable fees, including reimbursable expenses and amendments, less than the threshold amount or amounts established by the Contracting and Purchasing Advisory Council pursuant to § 6913 of this title for the completed job shall be excluded from all other portions of this subchapter. Agencies may, alternately, at their discretion, procure services which include materiel other than professional services in accordance with § 6924 of this title.
70 Del. Laws, c. 601, §  9;  71 Del. Laws, c. 4, §§  10, 11;
2023 Delaware Code › Title 29 - State Government › Chapter 69. STATE PROCUREMENT › Subchapter VI. Professional Services › § 6983. State assistance to local governmental units.

§ 6983. State assistance to local governmental units.
The Office of Management and Budget shall provide assistance in selecting professional services firms and negotiating professional service contracts upon the request by an agency, municipality or political subdivision. The Office shall be reimbursed by the municipality or political subdivision for all costs involved.
59 Del. Laws, c. 573, §  1;  60 Del. Laws, c. 589, §  1;  70 Del. Laws, c. 601, §  9;  75 Del. Laws, c. 88, §  16(5);
2023 Delaware Code › Title 29 - State Government › Chapter 69. STATE PROCUREMENT › Subchapter VI. Professional Services › § 6984. Administrative provisions.

§ 6984. Administrative provisions.
In the case of any contract entered into by an agency other than any county of this State and other than a public school district, and which is not excluded under §§ 6980 and/or 6981 of this title, no contract shall be executed unless and until the firm has provided the agency with its taxpayer identification number (i.e., federal employer identification number or Social Security number) or its Delaware business license number and, within 15 days of the time identification of any subcontractor shall be required or at the time the contract is executed, whichever is later, the number of such subcontractor. The agency shall report to the Division of Revenue each firm and subcontractor selected for an award within 15 days of identification of such firm or subcontractor under this section unless the Director of the Division of Revenue notifies the agency of criteria according to which, in the Director's discretion, reporting is not required, and the contract meets such criteria.
59 Del. Laws, c. 573, §  1;  60 Del. Laws, c. 589, §  1;  61 Del. Laws, c. 3, §  3;  70 Del. Laws, c. 94, §  2;  70 Del. Laws, c. 601, §  9;