CHAPTER 152

AN ACT REQUIRING THE DOING OF ALL WORK AND THE FURNISHING OF ALL MATERIALS AND SUPPLIES TO THE MAYOR AND COUNCIL OF WILMINGTON OR TO ANY BOARD, COMMISSION, DEPARTMENT OR AGENCY THEREOF TO THE LOWEST AND BEST BIDDER AND PROVIDING THE PROCEDURE RELATING THERETO.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of the Members elected to each Branch thereof concurring therein):

Section 1. No contract for the doing of any work or the furnishing of any materials and supplies to The Mayor and Council of Wilmington or to any Board, Commission, Department or Agency thereof shall be let or entered into until plans and specifications of the work or of the supplies or materials shall have been prepared and filed in the office of the Clerk of Council for public inspection, and sealed bids for the doing of the work or the furnishing of materials and supplies shall have been received by the Clerk of "The Council" and only to and with the lowest responsible bidder, who shall be required to furnish adequate corporate security; provided, however, that this provision shall not apply where the doing of the work or the furnishing of materials and supplies shall be less than Five Hundred Dollars ($500.00).

Section 2. Every contract involving an expenditure exceeding Five Hundred Dollars ($500.00) for doing of work or the furnishing of materials and supplies shall be let only after an advertisement calling for bids on said items shall have been published at least once in a newspaper published in the City of Wilmington at least ten days prior to the date set for the opening of the bids.

Section 3. All bids shall be publicly open in the office of the Clerk of Council and in the presence of the City Treasurer and a person representing the Board, Commission, Department or Agency of the City, and at the time specified for their opening.

The Clerk of Council may reject any and all bids if in his judgment it is in the interest of the City to do so, otherwise, the contract shall be awarded to the lowest, responsible bidder.

Section 4. Every bid submitted shall be accompanied by a certified check in an appropriate amount, which shall be stated in the specifications to accompany all bids.

Section 5. Within ten days after the award of a contract the successful bidder shall substitute a performance bond and a labor and materials bond containing such terms as the City Solicitor shall require and in such amount as may be stated in the specifications.

Section 6. All contracts shall be in writing and in duplicate and shall be executed in behalf of the City by the Mayor but only after the contract shall have been approved as to form by the City Solicitor and the availability of funds under the Budget and appropriations shall be certified to by the City Treasurer and the Fiscal Officer. Every bond shall contain a provision that in the performance of the contract the contractor will not discriminate or permit discrimination against any person because of his race, color, religion or national origin.

Section 7. "The Council" shall have power, with the approval of the Mayor to authorize the making of contracts for professional services without recourse to competitive bidding.

Section 8. A record of all bids, showing the name of the bidders and the amounts of the bids and indicating in each case the successful bidder, together with the originals of all sealed bids and other documents pertaining to the award of contracts, shall be preserved by the Clerk of Council for three years in a file, which shall be open to public inspection during regular business hours.

Section 9. No transaction which requires sealed bids and which is essentially a unit shall be divided for the purpose of evading the intent of this law, and a violation hereof shall work a forfeiture of office or position on the part of any officer or employee who violates the provisions of this law

Section 10. Nothing in this Act shall be construed to apply to contracts for service to be rendered to The Mayor and Council of Wilmington or to any Board, Commission, Department, or Agency thereof by any public service company at rates duly filed with the Public Service Commission of Delaware.

Section 11. All acts or parts of acts inconsistent herewith be and the same are hereby repealed.

Approved July 9, 1959.