PRINTING NEEDS OF THE GENERAL ASSEMBLY
AN ACT TO PROVIDE FOR THE PRINTING NEEDS OF THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That after the adjournment of the 114th General Assembly, the printing needs of the Regular Session of the General Assembly of the State of Delaware shall be met by having such needs supplied and the necessary work performed under contract after advertisement for bids and the furnishing of specifications as hereinafter provided.
Section 2. On or before the first day of December in any year preceding the year when the General Assembly of the State of Delaware meets in Regular Session, as provided by the Constitution of the State, the Legislative Reference Bureau of Delaware shall advertise for bids for supplying the printing needs of the General Assembly and performing the necessary work in connection therewith. Such advertisement for bids shall be published in a paper or papers of general circulation throughout the State of Delaware. The said Bureau shall prepare or cause to be prepared specifications for such printing as shall be required during the next succeeding Regular Session of the General Assembly following the advertisement for bids, and such specifications shall include the printing of the calendars for the Senate and for the House of Representatives, the printing of Bills, printing of Rule Books, Roll Call Books and the various printed forms and supplies which are needed and used in the regular work of the General Assembly.
Section 3. The Legislative Reference Bureau of Delaware shall furnish the specifications herein provided to each prospective bidder from the State of Delaware who requests a copy of the same. All those interested in offering bids for performing the necessary printing and supplying the needs as set forth in the specifications furnished them as aforesaid shall present their bids in sealed envelopes to the Chairman of the Senate Committee on Printing and/or the Chairman of the Printing Committee of the House of Representatives, on the first day of the appointment of the respective committees in a Regular Session of the General Assembly of Delaware that convenes following the advertisement for bids as aforesaid.
Section 4. Upon receipt of such bids, which must be submitted in person by the bidder or by his, her or its agent, prior to three o'clock P. M. on the first day of the naming of the Printing Committee in either House, the Chairman of said Committee of the Senate and the Chairman of said Committee of the House of Representatives shall notify each member of his Printing Committee of the hour and place of a meeting of his full Committee in some part of the Legislative Building, in Dover, for the purpose of opining the bids so received by him as aforesaid.
Section 5. The Chairman of the Printing Committee of the Senate and the Chairman of the Printing Committee of the House shall open the bids received in the presence of his full Printing Committee or in the presence of such members of his Printing Committee as choose to attend after notice of the time and place of the said meeting.
Section 6. At such meeting, the respective Printing Committees shall recommend the award of the contract to the lowest responsible bidder who demonstrates his, her or its capacity to supply such printing needs as are set forth in the specifications furnished, or some part of them, for which he, she or it, has submitted a bid or bids, and to furnish the same as they are needed by the respective Houses of the General Assembly. The Chairmen of the respective Printing Committees shall as soon as practicable after the Committee meeting and action provided herein submit the recommendations of the Committee to the full Senate or the full House in session, as the case may be.
Section 7. Each bid submitted under the provisions hereof shall be accompanied by certified check guaranteeing the good faith of the bidder payable to the State Treasurer of the State of Delaware. The amount of said check shall be ten per cent (10%) of the total bid whenever such bid is for a lump sum of the total of the supplies for which the bid is made. Whenever the bid is on a per page basis, the total value of which is not presently determinable, the check shall be in the sum of Five Hundred Dollars ($500.00). Such checks will be returned to the unsuccessful bidders immediately upon the rejection of their bids. Checks of successful bidders for all items of supplies listed except Calendars and Bills will be retained as a guarantee of performance of the contract and will be forfeited to The State of Delaware upon the successful bidder's failure to enter into a contract or to complete his contract. The check of the successful bidder for the Calendar and/or Bills will be returned to him upon his posting of a performance bond and his entry into a contract for such printing. If the successful bidder for the Calendar and/or Bills shall fail to enter into a contract or to post a performance bond as hereinafter required, his certified check shall be forfeited to the State of Delaware.
Section 8. The successful bidder for the Calendar shall give bond to The State of Delaware with good and sufficient surety or sureties to be approved by the respective Committees on Printing in the sum of Five Thousand Dollars ($5,000.00). Said bond shall be conditioned for the faithful performance of the contract and a strict compliance with the specifications for such printing. Said bond shall have attached thereto a warrant of attorney for confession of judgment thereon, and judgment may be entered on said bond whenever said Committee shall deem it advisable.
Section 9. The successful bidder for the printing of Bills shall give bond to The State of Delaware With good and sufficient surety or sureties to be approved by the respective Committees on Printing in the sum of Two Hundred Dollars ($200.00). Said bond shall be conditioned for the faithful performance of the contract and a strict compliance with the specifications for such printing. Said bond shall have attached thereto a warrant of attorney for confession of judgment thereon, and judgment may be entered on said bond whenever said Committee shall deem it advisable.
Section 10. The submission of a bid on any set or sets of specifications together with a resolution of the Senate awarding the class or classes of printing covered by such bid to the person, firm or corporation submitting same and the posting of a performance bond, where one is required, shall constitute a contract.
Section 11. If any successful bidder to whom a contract has been awarded shall fail for any reason to perform his contract in an accurate and good and workmanlike manner and within the time specified, the respective Committees on Printing may by notice in writing to such successful bidder annul and cancel such contract; and such bidder whose contract is so cancelled shall have no right of action or claim for remuneration for work supplied which did not conform strictly to specifications. The respective Committees on Printing shall be the sole judge of whether or not work performed meets specifications.
Section 12. Should there be no bids received from responsible bidders and when the General Assembly convenes in Special Session, the printing needs of the Senate and of the House of Representatives shall be supplied as the respective Branches of the General Assembly shall direct.
Section 13. All Acts or parts of Acts inconsistent herewith are hereby repealed to the extent of such inconsistency only.
Approved January 27, 1947.