Section 1. Amend Subsection 9005C(a), Chapter 90C, Title 29 of the Delaware Code by adding a new paragraph (12) to provide as follows:

“(12) Institute an electronic procurement advertising system on which all state agencies must submit public notice of contracts subject to the public advertising requirements of Chapter 69. The electronic procurement advertising system will have a designated single point of entry on the State of Delaware website for the purpose of convenient and universal access by all state agencies and all interested members of the public. The single point of entry on the State website shall be operational by January 1, 2006.”

Section 2. Amend Section 6902, Chapter 69, Title 29 of the Delaware Code by renumbering existing subsections (10)-(27) as subsections (11)-(28) and adding a new subsection (10) to provide as follows:

“(10) ‘Electronic procurement advertising system’ means the advertising system on which all state agencies must submit public notice of contracts subject to the public advertising requirements of Chapter 69 and instituted by the Department of Technology and Information pursuant to 29 Del. C. § 9005C(a)(12).”

Section 3. Amend Subsection 6923(b)(1), Chapter 69, Title 29 of the Delaware Code by deleting the last sentence of the existing subsection and substituting in lieu thereof the following:

“Public advertising shall require electronic publication accessible to the public in a manner prescribed pursuant to 29 Del. C. § 6902(10) for two consecutive weeks. In addition to such required advertising, an agency may also, in its discretion, advertise for bids in any other manner intended to provide additional notice, including: (i) publication at least once a week in a newspaper of general circulation for two consecutive weeks; (ii) advertisement in trade publications; and (iii) issuance of invitations for bids to bidders on a solicitation mailing list for the purchasing agency.”

Section 4. Amend Subsection 6962(b), Chapter 69, Title 29 of the Delaware Code by deleting the first sentence of the existing subsection and substituting in lieu thereof the following:

“(b) Public advertising shall require electronic publication accessible to the public in a manner prescribed pursuant to 29 Del. C. § 6902(10) for two consecutive weeks. In addition to such required advertising, an agency may also, in its discretion, advertise for bids in any other manner intended to provide additional notice, including: (i) publication at least once a week in a newspaper of general circulation for two consecutive weeks; (ii) advertisement in trade publications; and (iii) issuance of invitations for bids to bidders on a solicitation mailing list maintained by the agency.”

Section 5. Amend Section 6981, Chapter 69, Title 29 of the Delaware Code by deleting the existing subsection (b) in its entirety and substituting in lieu thereof the following new subsection (b) as follows:

“(b) Each agency shall publicly announce each professional services contract subject to subsection (a) of this Section by electronic publication accessible to the public in a manner prescribed pursuant to 29 Del. C. § 6902(10) for two consecutive weeks. In addition to such required advertising, an agency may also in its discretion, advertise for bids in any other manner intended to provide additional notice including: (i) publication at least once a week in a newspaper of general circulation for two consecutive weeks; and (ii) advertisement in trade publications. The advertising requirements of this section shall apply to all professional services contracts subject to §6981(a) except:

(1) In cases of critical needs so certified pursuant to §6907 of this title; or

(2) Where professional services are determined by the agency to be necessary during the course of completion of a previously awarded contract and:

a. The agency determines that it would be in the best interests of the State to procure such additional or supplemental professional services from a firm already under contract for which the supplemental and additional professional services are required; and

b. Such additional or supplemental professional services are within the scope of the contract.”

Section 6. Amend Section 10004, Chapter 100, Title 29 of the Delaware Code by deleting subsection (e)(4) in its entirety and substituting in lieu thereof the following new subsection (e)(4) as follows:

“(e)(4) Public notice required by this subsection shall include, but not be limited to, electronic posting on a designated State of Delaware website, approved by the Registrar of Regulations by January 1, 2006, and conspicuous posting of said notice at the principal office of the public body holding the meeting, or if no such office exists, at the place where meetings of the public body are regularly held, and making a reasonable number of such notices available.”

Section 7. Amend Section 10115, Chapter 101, Title 29 of the Delaware Code by deleting subsection (b) in its entirety and substituting in lieu thereof the following new subsection (b) as follows:

“(b) If a public hearing will be held on the proposal, notice of the time, date, place and a summary of the nature of the proposal shall also be advertised at least 20 days prior to such public hearing by electronic posting on a designated State of Delaware website, approved by the Registrar of Regulations by January 1, 2006, which shall be accessible to the public. In addition, an agency may also, in its discretion, post notice of the public hearing in any other manner intended to provide additional notice, including but not limited to, publication of notice in at least 2 Delaware newspapers of general circulation.”

Section 8. Amend Section 10124, Chapter 101, Title 29 of the Delaware Code by deleting subsection (1) in its entirety and substituting in lieu thereof the following new subsection (1) as follows:

“(1) The notice required by § 10122 of this title shall be advertised by an electronic posting on a designated State of Delaware website, approved by the Registrar of Regulations by January 1, 2006, which shall be accessible to the public, and an agency may also, in its discretion, post notice of the public hearing in any other manner intended to provide additional notice, including but not limited to, publication of notice in at least 2 Delaware newspapers of general circulation;”

SYNOPSIS

The internet has grown rapidly as an acceptable means of communication and transacting commerce. It has been estimated that the internet connects over 159 countries and has more than 322 million users worldwide. U.S. v. Extreme Associates, 352 F. Supp. 2d 578 (W.D. Pa. 2005). This Act will use the internet as a means to modernize the notice requirements for procurement bids, agency meetings, and public hearings. Consistent with the State’s e-government initiative, this Act will provide more convenient and universal access to legal notices for all interested parties and will do so in a cost-effective manner.

This Act will require State agencies to electronically publish notice of all contracts subject to the bid requirements of Chapter 69, Title 29 by January 1, 2006. The Act does not preclude agencies from using additional means of providing notice to the public such as publication of notices in newspapers of general circulation. The amendments to the notice requirements of Chapter 69 will allow for broader notification of State bid opportunities for all interested persons by means of internet publication. The Act also requires the Department of Technology and Information to institute a State of Delaware website for the posting of all procurement bid information. In addition, the Act will require agencies to use a State of Delaware website, approved by the Registrar of Regulations by January 1, 2006, for posting of notices for agency meetings and public hearings. The Act does not prohibit agencies from using additional means to provide notice of public hearings to the public such as publication of notice in newspapers of general circulation.

Author: Senator Cook

SPONSOR:	Sen. Cook & Rep. Roy
	Sen. McBride