CHAPTER 73
STATE SUPPLIES
AN ACT to amend Chapter 7 of the Revised Code of Delaware in relation to State Supplies.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Section 1 of Chapter 7 of the Revised Code of Delaware, being 282 of said Code, be and is hereby amended by striking out all of said Section and by inserting in lieu thereof the following:
282. Section 1. Board of State Supplies Abolished: - The Board of State Supplies, as created by Section 1 of Chapter 7 of the Revised Code of Delaware, as amended, is hereby abolished.
Section 2. That Section 2 of Chapter 7 of the Revised Code of Delaware, being 283 of said Code, be and is hereby amended by striking out all of said Section and by inserting in lieu thereof the following:
283. Section 2. Supplies for State; How Contracted For Payment from Regular Appropriations: All Supplies furnished, all work performed, all stationery purchased, and all printing and binding required by the several officers, departments, boards, commissions, bureaus, institutions or agencies of the State, to whom the General Assembly may have appropriated moneys from the State Treasury for such purposes, shall be performed under contract to be given to the lowest responsible bidder below such maximum price and under such regulations as shall be prescribed in this Chapter, said contract to be in printed or written form entered into by the proper agency of the State and the person, firm or corporation furnishing supplies or doing the work being contracted for. Bids for supplies to be furnished or work to be done shall be opened in the presence of the persons making the bids, or their representatives, and payment for such supplies and work shall be paid for out of the appropriations set up for such purposes by the Auditor of Accounts.
Section 3. That Section 3 of Chapter 7 of the Revised Code of Delaware, being 284 of said Code, be and is hereby amended by striking out all of said Section and by inserting in lieu thereof the following:
284. Section 3. Supplies for State; How Contracted For Payment from Special Appropriation: In cases where the General Assembly has not appropriated any moneys to a department, officer, board, commission, bureau, institution or agency of the State for the furnishing of supplies, performance of work, purchase of stationery or requirements for printing and binding, an item shall be set up in the Budget Appropriation Bill for State Departmental Supplies to be drawn upon by warrant signed by the Secretary of State by and with the written approval of the State Treasurer and Auditor of Accounts.
Section 4. That Section 4 of Chapter 7 of the Revised Code of Delaware, being 285 of said Code, be and is hereby amended by striking out all of said Section and by inserting in lieu thereof the following:
285 Section 4. Secretary of State to Contract For: All supplies furnished, all work performed, all stationery purchased, and all printing and binding required in accordance with the provisions of the preceding Section, shall be performed under contract and in conformity with the provisions of the first Section of this Chapter. The Secretary of State, by and with the consent of the State Treasurer and Auditor of Accounts, is hereby authorized and empowered to enter into contracts on the part of the State with the person, firm or corporation furnishing such supplies or doing such work for any of the agencies of the State herein before mentioned, without appropriations and pay for such supplies or for work performed.
Section 5. That Section 5 of Chapter 7 of the Revised Code of Delaware, being 286 of said Code, be and is hereby amended by striking out all of said Section and by inserting in lieu thereof the following:
286. Section 5. Supplies; How procured and Contracted For: Every officer, department, board, commission, bureau, institution or agency of the State, to or for whom supplies are to be furnished, work performed, stationery purchased and printing and binding required, shall advertise in at least one newspaper published in each County for two issues preceding the giving of any contract for proposals or bids for doing work and furnishing the State supplies advertised for. The advertisement shall state the name of the State officer, department, bureau, institution, commission or agency of the State for which the work is to be done or the supplies furnished and that the specification may be procured at the office of the State agency executing the proposal or bids, which specifications shall designate the nature and the quality, quantity and amount of such supplies, work to be done and the maximum price for same, and said advertisement shall also state the time and place when and where said proposal or bids will be opened. Every such proposal or bid shall be accompanied by a duly certified check of the bidder or bidders for 10% of the amount of the proposal or bid. Said check shall be returned to said bidder or bidders upon the execution of the contract for which it was-presented. Upon the opening of the bids, the proper agency of the State shall carefully consider all such proposals or bids and award the contract or contracts. If any two or more responsible persons, firms, or corporations shall bid an equal amount for furnishing the supplies or doing the work, which bids shall be the lowest, then the State agency shall award said contract to any one of the same. Every successful bidder or bidders shall enter into a contract with the State agency awarding same, as provided in Section 1 of this Chapter, and shall also enter into a bond to the State of Delaware, with surety or sureties to be approved by said Agency, in an amount satisfactory to the officers, department, board, commission, bureau, institution or agency. Every such bond shall have a warrant of attorney attached thereto, authorizing the State, by and through its Attorney General, to confirm and enter into judgment thereon in any Court in the United States of America or elsewhere against the obligors therein named for the amount therein named, and shall be conditioned for the honest and faithful compliance with all the pro visions of the contract of the bidder or bidders aforesaid. Whenever, in the opinion of the said State agency, it shall be for the best interest of the State that any of said bonds shall be entered, it shall be so ordered and done by the Attorney General, who shall therefore cause the same to be entered in the proper amounts.
Section 6. That Section 6 of Chapter 7 of the Revised Code of Delaware, being 287 of said Code, be and is hereby amended by striking out all of said Section and by inserting in lieu thereof the following:
287. Section 6. Failure to Fulfill Contract; Procedure On: If any bidder or bidders hereinbefore mentioned, to whom any contract or contracts as referred to in this Chapter shall be awarded, shall neglect or refuse to comply with the contract entered into, then the State agency concerned shall cause the bond of the bidder or bidders to be entered as aforesaid, and shall proceed by all lawful means to collect all amounts that may be due thereon, and shall, in the manner prescribed in this Chapter, advertise for new bids for furnishing the supplies or performing the work, and in like manner award the contract.
Section 7. That Section 7 of Chapter 7 of the Revised Code of Delaware, being 288 of said Code, be and is hereby amended by striking out all of said Section and by inserting in lieu thereof the following:
288. Section 7. Proposals or Bids may be Rejected; Readvertisement; When: The officers, departments, boards, commissions, bureaus, institutions or agencies of the State, any or all of whom have requested proposals or bids as heretofore mentioned, shall have the right to reject any or all of the same, and shall immediately readvertise for new proposals or bids in lieu of those rejected in the manner as provided in this Chapter, and as originally advertised.
Section 8. That Section 8 of Chapter 7 of the Revised Code of Delaware, being 289 of said Code, be and is hereby amended by striking out all of said Section and by inserting in lieu thereof the following:
289. Section 8. Supplies for General Assembly; How Purchased and Distributed: All stationery, supplies and postage for the use of the General Assembly, shall be purchased by the State Librarian pursuant to the provisions of this Chapter, and kept in the control of the said official, who is constituted the custodian and dispenser of all such stationery, supplies and postage to the members of the General Assembly.
Section 9. That Section 9 of Chapter 7 of the Revised Code of Delaware, being 290 of said Code, be and is hereby amended by striking out all of said Section and by inserting in lieu thereof the following:
290. Section 9. Requisition upon State Librarian; Made by Whom: Each member of the General Assembly may make requisition upon the State Librarian for any stationery, supplies and postage which the said official shall place at the beginning of each biennial session of the General Assembly to the credit of each member thereof, in the sum of Twenty-five Dollars ($26.00), and at the beginning of each special session thereof, in the sum of Ten Dollars ($10.00), to be drawn upon by such members for such supplies and postage.
Section 10. That Section 10 of Chapter 7 of the Revised Code of Delaware, being 291 of said Code, be and is hereby amended by striking out all of said Section and by inserting in lieu thereof the following:
291. Section 10. Alphabetical License Books furnished ; Publication of License Lists: In accordance with the provisions of this Chapter, the Secretary of State shall procure and furnish a suitable book for each class of license, in which shall be entered alphabetically the names of those to whom a State license shall be issued ; the said official shall also arrange, in accordance with the aforesaid provisions, for the publication, at the expense of the State, in one newspaper published in each County, annually during the first week of October, of a list of licenses excepting marriage licenses, the fees for which are payable to the State for the last year, and also stating the amount paid by each person licensed.
Section 11. That Section 11 of Chapter 7 of the Revised Code of Delaware, being 292 of said Code, be and is hereby amended by striking out all of said Section and by inserting in lieu thereof the following:
292. Section 11. Publication of Public Laws: The printing of session laws shall be done under contract made by the Secretary of State, in accordance with the provisions of this Chapter immediately upon the adjournment of the General Assembly, said publication to contain all bills, resolutions, orders or votes of a public nature, and the proclamations of the Governor with proper notes and index.
Section 12. This Act shall become effective upon its approval; provided, however, that the unexpended appropriations to the Board of State Supplies for the fiscal year ending June 30, 1929, shall be at the disposal of the Secretary of State, in accordance with the provisions of this Chapter, and shall be expended for the purposes appropriated by or with the consent and approval of the State Treasurer and Auditor of Accounts.
Approved April 10, 1929.