Delaware General Assembly

AN ACT TO AMEND CHAPTER 69, TITLE 29, DELAWARE CODE, RELATING TO THE PROCUREMENT OF MATERIEL AND COMPETITIVE BIDS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 29, Section 6904, Delaware Code, is hereby amended by repealing and striking out sub-section "(a) (3)" thereof and by enacting and inserting a new sub-section in lieu thereof to read as follows:

(a) (3) Where, because of a patent or licensed franchise situation the materiel or work is procurable from only one source, this paragraph shall not apply to any public works contract, nor shall it be construed to mean that an agency can specify materiel by brand or trade name only thereby excluding equal materiel available from other sources for the purpose of avoiding competitive bidding as elsewhere required by this chapter.

Section 2. Title 29, Section 6904, Delaware Code, is hereby amended by repealing and striking out subsection "(b)" thereof and by enacting and inserting a new sub-section in lieu thereof to read as follows:

(b) If the probable cost of the materiel or work is estimated to exceed $1,000 but not more than $2,500, the purchase or contract may be made in the open market; provided, however, that the agency shall solicit written competitive bids from five sources or all available sources, whichever is the lesser, the bids shall be opened publicly at the time and place stated in the solicitation, and the award shall be made pursuant to the provisions of Section 6908 of this Chapter.

Section 3. Title 29, Section 6905 (a), Delaware Code, is hereby amended by adding a new sentence at the end thereof to read as follows:

The description or specifications shall not use a brand or trade name except as an indication of the type or quality of materiel and in all such cases shall contain the words "or equal."

Section 4. Title 29, Section 6908, Delaware Code, is hereby amended by striking the period at the end of the first sentence thereof and by enacting and inserting in lieu thereof the following words:

and clearly describing how the interest of the State shall be better served by awarding the contract to other than, the lowest bidder.

Section 5. Title 29, Section 6910, Delaware Code, is hereby amended by striking the period at the end of sub-section (a) thereof and by enacting and inserting in lieu thereof the following words:

; provided, however, that in the purchase of materiel from successful bidders the agency may reduce or waive such bond if such reduction or waiver has been stated in the bid specifications.