CHAPTER 328

FORMERLY

HOUSE BILL NO. 564

AN ACT TO AMEND §8-200 OF THE CHARTER OF THE CITY OF WILMINGTON, PURSUANT TO 22 DEL. C. §811, RELATING TO COMPETITIVE BIDDING

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (two-thirds of all of the members elected to each House thereof concurring).

Section 1. Amend Section 8-200 of 1 Wilm. C. by striking subparagraph (1) thereof and substituting in lieu thereof the following:

(1) Except in the purchase of unique articles or articles which for any other reason cannot be obtained in the open market, or material that is computer hardware and/or software as hereinafter provided, or used equipment or buildings as hereinafter provided, competitive bids shall be secured before any purchase, by contract or otherwise, is made or before any contract is awarded for construction, alterations, repairs or maintenance or for rendering any services to the City other than professional services and the purchase shall be made from or the contract shall be awarded to the lowest responsible bidder.

(a) If the material to be purchased is computer hardware and/or software, the primary purpose of which is to process information in the form of data, words, images, graphics, or voice, the purchase shall be an exception, as aforesaid, and the following conditions shall apply:

1. Materials that contain computers or computer components but do not have a primary purpose of processing information, such as a microwave oven, are specifically excluded from this exception.

2. Nothing in this section shall be construed to permit any department, board, commission, or other agency of the City to procure computer hardware and/or software without the approval of the procurement and records division.

3. In lieu of competitive bidding, the procurement and records division shall establish policies and procedures under which procurement of these materials may take place. Such policies and procedures shall be subject to the approval of the administrative board.

(b) A department may purchase used equipment or buildings by negotiations rather than by competitive bidding, as an exception as aforesaid, if it is demonstrated to the satisfaction of both the procurement and records division and the administrative board that the negotiated price is reasonable for the intended use.

Section 2. Amend Section 8-200 of 1 Wilm. C. by striking the phrase "less than five thousand dollars ($5,000.00)," in subparagraph (2) thereto and substituting in lieu thereof the phrase, more than one thousand dollars ($1,000.00) but less than ten thousand dollars ($10,000.00),."

Section 3. Amend Section 8-200 of 1 Wilm. C. by striking the phrase more than five thousand dollars ($5,000.00) but less than fifteen thousand dollars ($15,000.00)," in subparagraph (3) thereto and substituting in lieu thereof the phrase "more than ten thousand dollars ($10,000.00) but less than sixty thousand dollars ($60,000.00),."

Section 4. Amend Section 8-200 of 1 Wilm. C. by striking the phrase "more than fifteen thousand dollars ($15,000.00)," of subparagraph (4) thereto and substituting in lieu thereof the phrase more than sixty thousand dollars ($60,000.00),."

Approved July 10, 1990.