AN ACT TO AMEND CHAPTER 152, VOLUME 52, LAWS OF DELAWARE, ENTITLED "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" BY PROVIDING THAT A BID BOND MAY BE SUBMITTED WITH BIDS, AND BY PROVIDING THAT PUBLIC BIDDING SHALL NOT BE REQUIRED ON CONTRACTS FOR LESS THAN ONE THOUSAND DOLLARS OR WHERE ONLY ONE SOURCE CAN PERFORM THE CONTRACT BECAUSE OF A PATENT.
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. Section 4 of Chapter 152, Volume 52, Laws of Delaware, is hereby amended by repealing said section and by enacting in lieu thereof a new Section 4 to read as follows:
Section 4. Every bid submitted shall be accompanied by a deposit of either a good and sufficient bid bond to The Mayor and Council of Wilmington, with corporate surety authorized to do business in the State of Delaware, the form of the bond and the surety to be approved by the City, with a warrant of attorney to confess judgment thereon attached thereto, or a certified check of the bidder drawn upon some responsible banking institution to the order of The Mayor and Council of Wilmington, for a sum equal to at least ten (10) per cent of the bid. The bid bond need not be for a specific sum but may be stated to be for a sum equal to ten (10) per cent of the bid to which it relates and not to exceed a certain stated sum, if said sum is equal to at least ten (10) per cent of the bid. Upon the execution of a formal contract and submission of a performance bond, the bid bond or certified check deposit shall be returned to the successful bidder. The deposit of the unsuccessful bidders shall be returned to them upon the awarding of the contract or the rejection of all bids. If any successful bidder refuses to execute a formal contract and performance bond within twenty (20) days of the awarding of the contract, or if the bidder is unable to obtain corporate surety for said performance bond, the bid bond or certified check deposited by the successful bidder shall be taken and become the absolute property of The Mayor and Council of Wilmington as liquidated damages, and not as a forfeiture or as a penalty. The City Treasurer shall either deposit the certified check in the City's account or shall proceed to collect on the bid bond. The City Clerk may award the contract to the next lowest responsible bidder or re-advertise for new bids.
Section 2. Sections 1 and 2 of Chapter 152, Volume 52, Laws of Delaware, are hereby amended by striking the words "Five Hundred Dollars ($500.00)" in each section and enacting in lieu thereof the words "One Thousand Dollars ($1000.00)".
Section 3. Section 10 of Chapter 152, Volume 52, Laws of Delaware, is hereby amended by striking the period and inserting a semi-colon at the end thereof, and by adding the following: nor shall this Act apply to contracts where, because of a patent, the work or materials are obtainable from only one source.
Approved December 23, 1963.