CHAPTER 99

FORMERLY

HOUSE BILL NO. 328

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PROCUREMENT OF MATERIAL AND AWARD OF CONTRACTS FOR PUBLIC WORKS BY STATE AGENCIES.

WHEREAS, it is the public policy of the State of Delaware and the United States of America to move forward in the area of innovative and improved methods of control and use of solid waste materials and sewage sludge; and

WHEREAS, the State of Delaware, by and through the Department of Natural Resources and Environmental Control has received grants from the Offices of Solid Waste Management Programs and Water Programs of the Environmental Protection Agency of the United States Government for the design, construction and operation of a demonstration facility suitable for the processing of sewage, sludge, and solid waste materials and the recovering of certain saleable products therefrom, and to effectuate the marketing and sale of such products; and

WHEREAS, the 125th General Assembly of the State of Delaware had allocated $1,000,000 to be used for the planning and design of a pilot reclamation system for sewage, sludge and solid waste materials; and

WHEREAS, this project is known as the "Delaware Reclamation Project" and consists of a Solid Waste Processing Module and a Sewage Sludge Processing Module of substantial proportions; and

WHEREAS, this project is not only experimental in nature, but is also quite unique in that the part contracting with the State of Delaware must not only design both the Solid Waste Processing Module and the Sewage Sludge Processing Modules, but it must also operate them and find markets for their products, in addition to constructing the

Solid Waste Processing Module, and possibly the Sewage Sludge Processing Module; and

WHEREAS, the project is so unique and experimental in that no other like project has been completed which is currently in operation in this country, and it appears that the expertise necessary to undertake this project is limited to a few parties who need to control the entire project in order to guarantee its results; and

WHEREAS, these unique qualities make it more desirable to the State of Delaware to forego the limitations of its normal bid procedures and to require the parties desiring to compete for all or any portion of this project to enter into an innovative competition rather than undergo the normal bid procedures which are not designed to handle projects of such a unique, innovative and experimental nature.

NOW THEREFORE:

Be it enacted by the General Assembly of the State of Delaware:

Section 1. That Chapter 69, Title 29 of the Delaware Code shall not apply to the Delaware Reclamation Project.

Section 2. That the Department of Natural Resources and Environmental Control is instructed to prepare a detailed Request for Proposal for this project and to receive detailed proposals from parties interested in undertaking this project.

Section 3. That the Department of Natural Resources and Environmental Control is instructed to undertake a competition for this project in lieu of the bidding requirements of Chapter 69, Title 29 of the Delaware Code or any other bid laws of the State of Delaware.

Section 4. That the Department of Natural Resources and Environmental Control is to award any contract or contracts for this project based upon the best interests of the State of Delaware.

Section 5. That the Department of Natural Resources and Environmental Control is authorized to negotiate and renegotiate with the competitors for this project in order that the State of Delaware be able to best achieve the purposes of the Delaware Reclamation Project.

Section 6. That the Department of Natural Resources and Environmental Control may reject all bids and proposals for this contract.

Approved June 16, 1975.