BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 6923(k), Title 29, Delaware Code by adding the following sentence to the end of paragraph (1) to read: "The formal contract must include the successful bidders’ and successful bidders’ subcontractors’ valid minority/women business enterprise certification numbers, as supplied by the Department, or valid minority/woman, denial forms, as supplied by the Department. The information provided by the certification numbers or denial forms shall be used for data collection only."

Section 2. Amend Section 6924(c)(1), Title 29, Delaware Code by adding the following phrase to subparagraph e. after the phrase "must contain" and before the word "and": "must include the firm’s valid minority/woman business enterprise certification number, as supplied by the Department, or a valid minority/woman business enterprise denial form, as supplied by the Department. The information provided by the certification number or denial form shall, in no way, be used by the agency to determine the contract award. Such information shall be used for data collection only."

Section 3. Amend Section 6924(l), Title 29, Delaware Code by adding a new paragraph (5) as follows: "(5) It does not include its valid minority/woman enterprise certification number, as supplied by the Department, or a valid minority/woman business enterprise denial form, as supplied by the Department. The information provided by the certification number or denial form shall, in no way, be used by the agency to determine the contract award. Such information shall be used for data collection only."

Section 4. Amend Section 6962(d)(13) a., Title 29, Delaware Code by adding the following at the end of the first paragraph in said subparagraph: "The formal contract awarded by an agency or school district and its board must include the successful bidders’ and the successful bidders’ subcontractors’ valid minority/woman business enterprise certification numbers, as supplied by the Department, or valid minority/woman business enterprise denial forms, as supplied by the Department, for the contractor and any subcontractors. The information provided by the certification numbers or denial forms shall be used for data collection only."

Section 5. Amend Section 6980, Title 29, Delaware Code by adding the following to the end of the first sentence in said section as follows: "except that a bidder shall not be considered responsive unless the bidder indicates its and its subcontractors’ valid minority/woman, business certification number, as supplied by the Department or supplies a valid minority woman business enterprise denial form, as supplied by the Department. The information provided by the certification number or denial form shall, in no way be used by the agency to determine the contract award. Such information shall be used for data collection only."

Section 6. Amend Section 6981(c), Title 29, Delaware Code by adding paragraph (9) as follows: "(9) The requirement that each bidder shall include in its response to the request for proposal either a valid minority/woman business enterprise certification number, as supplied by the Department or a valid minority/woman business enterprise denial form for itself and any subcontractors. The information provided by the certification number or denial form shall, in no way, be used by the agency to determine the final contract award. Such information shall be used for data collection only."

Section 7. Amend Section 6981, Title 29, Delaware Code by adding a new subsection (i) as follows: "(i) The selection shall require that an applicant shall be considered non-responsive if the applicant does not include in its response to the request for proposal a valid minority/ woman business enterprise certification number, as supplied by the Department or a valid minority/woman business enterprise denial form, as supplied by the Department, for either itself or any subcontractors. The information provided by the certification number or denial form shall, in no way, be used by the agency to determine the final contract award. Such information shall be used for data collection only."

Section 8. This act shall become effective on September 1, 2002.

Author: Senator Peterson