CHAPTER 380

FORMERLY

SENATE SUBSTITUTE NO. 1

TO

SENATE BILL NO. 484

AS AMENDED BY SENATE AMENDMENTS NO. 1, 2 AND 3

AN ACT TO AMEND CHAPTER 69 AND CHAPTER 88, TITLE 29 OF THE DELAWARE CODE, RELATING TO THE PROCUREMENT OF MATERIAL AND AWARD OF CONTRACTS FOR PUBLIC WORKS, AND THE DIVISION OF PURCHASING, DEPARTMENT OF ADMINISTRATIVE SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 8806, Chapter 88, Title 29 of the Delaware Code, by striking subsection b(1) (2) and (3) in their entirety, and substituting in lieu thereof the following:

(b) The Division of Purchasing shall have the following powers, duties and functions relating to the central purchasing of materiel, and services throughout the State of Delaware:

(1) Establish and implement a system of central purchasing with authority to manage the procurement of materiel, and non-professional services by all State departments, agencies, boards and commissions consistent with the provisions of Title 29, Section 6903(k) of the Delaware Code.

(1) The Secretary of Administrative Services with the concurrence of the Budget Director and the Secretary of Finance may promulgate proper policy and administrative procedures, including but not limited to regulations, to implement the central purchasing system and to govern the purchase of materiel, and non-professional services. Said regulations are exempt from the provisions of Title 29, Section 10100, Delaware Code, et seq., the Administrative Procedures Act.

(ii) State Agencies not so required, local governments and duly authorized volunteer fire companies within the State, may participate in the system of central purchasing.

(iii) All State departments and agencies shall provide informational copies of all contracts for materiel and non-professional services to the Division of Purchasing.

(2) Act as the exclusive purchasing agent in central or joint purchasing by two or more agencies, departments or commissions of the State.

(3) Act as the purchasing agent in central or joint purchasing with other governmental jurisdictions, including other State Governments, local governments, and duly authorized volunteer fire companies provided that, at a minimum, all contracts are awarded in conformance with the requirements of Title 29, Chapter 69, Delaware Code.

Section 2. Amend Section 6903(k), Chapter 69. Title 29 of the Delaware Code by deleting it in its entirety and by substituting in lieu thereof the following:

"Every State department and agency within the Executive Branch, Judicial Branch and Legislative Branch of the State government shall procure all material, equipment and non-professional services through the Statewide contracts administered by the Division of Purchasing, Department of Administrative Services.

"The operations funded by the Transportation Trust Fund or by Public School Districts are specifically excepted from the requirements of this subsection."

Section 3. (a) Amend Title 29, Section 6903. Chapter 69 of the Delaware Code, by striking the figure 15,000" as it appears in subsection 6903(a) (1) and substituting in lieu thereof the following: 110,000."

(b) Amend Title 29, Section 6903, Chapter 69, Delaware Code by deleting subsection 6903(b) in its entirety and substituting in lieu thereof the following:

"Procurements of not more than $10,000 may be made under small purchase procedures established by the Secretary of Administrative Services. The procedures established by the Secretary shall provide for a simplified administrative process for obtaining competitive prices for small purchases."

Section 4. (a) Amend Title 29, Section 6903(c) by deleting "$5,000" and by substituting in lieu thereof the following "$10,000" and by deleting 110,000" and by substituting in lieu thereof the following: the amount established pursuant to Section 6903(e)."

(b) Amend Title 29, Section 6903(e) by deleting it in its entirety and by substituting in lieu thereof the following:

The Secretary of Transportation and the Director of the Delaware Development Office, in consultation with the Secretary of Administrative Services and the approval of the Controller General and Budget Director, shall establish the value of public works contracts which shall be awarded only after public advertising and the receipt of sealed bids as provided for in this subchapter. This level shall be reviewed and adjusted at least once every three years based upon changes in the prevailing costs of labor and material."

Section 5. Amend Title 29, Section 6903(a)(6), of the Delaware Code by deleting subsection(a)(6), including subsections (a-c), in their entirety and substituting in lieu thereof the following:

"(6) If the materiel to be purchased is data processing, telecommunications hardware and software, or computer hardware or software, the primary purpose of which is to process information in the form of data, words, images, graphics or voice, it may only be purchased in accordance with the requirements of this subchapter unless the Executive Director, Office of Information Systems, certifies in writing that the materiel to be purchased is a sole source and available only from one vendor. Nothing to this Section shall be construed to permit an agency to procure computer/telecommunications hardware and/or software without the approving authority's signature as otherwise provided in the laws and policies of the State of Delaware."

Section 6. (a) Amend Title 29, Section 6903(a) of the Delaware Code by adding a new subsection (9) to read as follows: "(9) When the use of competitive sealed proposals is authorized pursuant to §6922 of this title."

(b) Amend Title 29, Delaware Code by adding a new Section 6922 to read as follows:

"§6922 Competitive Sealed Proposals

When the Secretary of Administrative Services makes a determination that the use of competitive sealed bidding is either not practicable or not advantageous to the State agency, a procurement shall be effected by competitive sealed proposals as outlined in this Section.

Competitive sealed proposals shall be solicited through a request for proposals which shall be issued and shall include the specifications for the services or items of materiel to be procured, all contractual terms and conditions applicable to the procurement, the location where proposals are to be received and the date, time and place where proposals are to be received and reviewed.

(a) Public notice of the request for proposals shall be given in the same manner as provided in §6931 and §6937 of this title.

(b) The request for proposals shall state the relative weight given to the factors in evaluating proposals.

(c) Offerors submitting proposals may be afforded an opportunity for discussion and revision of proposals. Revisions may be permitted after submissions of proposals and prior to award for the purpose of obtaining best and final offers. Negotiations may be conducted with responsible offerors who submit proposals found to be reasonably likely to be selected for award.

(d) The contents of any proposal shall not be disclosed so as to be available to competing offerors during the negotiation process.

(e) The award shall be made to the responsible offeror or offerors whose proposal is most advantageous to the State agency or a local public body, taking into consideration the evaluation factors set forth in the request for proposals. The award of a contract for services may be made upon criteria which do not include price."

Section 7. (a) Amend Title 29, Subsection 6909(a), Chapter 69, of the Delaware Code by inserting after the words "that in a contract for the purchase of materiel," and before the words "or in the execution of maintenance contracts as defined in this Title" the words "public works contracts with a value less than $50,000."

(b) Amend Title 29, Subsection 6909(h), Chapter 69, of the Delaware Code, by inserting after the words "contracts for the purchase of materials" and before the words "equipment and maintenance valued at less than $50,000" the words "public works."

Approved July 17, 1990.