CHAPTER 373

FORMERLY

SENATE BILL NO. 336

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC WORKS.

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

Section 1. Amend Title 29, Delaware Code, §6902 by redesignating paragraphs (23) through (26) as (24) through (27), and by adding a new paragraph (23) to read as follows:

“(23) ‘Third tier contractor’ means a firm that has contracted with a subcontractor to provide services and/or materiel in connection with a public works contract.”

Section 2. Amend Title 29, Delaware Code, §6962(d)(8)b. by adding the following phrase before the period “.” at the end of said paragraph:

“unless the contracting agency or school district extends the bid evaluation period by 5 working days per the requirements of subparagraph (13)a of this subsection. If the bid evaluation period is extended by 5 working days, then the security of each unsuccessful bidder shall be returned to them on the first working day after the end of the extended bid evaluation period.”

Section 3. Amend Title 29, Delaware Code, Section 6962(d)(10)b.1. by adding a new sentence immediately before the sentence that begins, “If a bidder intends to perform the work”, to read as follows:

“Where any services and/or materiel are to be provided by or through a third tier contractor, the bidder shall also supply the name and address of the third tier contractor.”

Section 4. Amend Title 29, Delaware Code, Section 6962(d)(13)a. by adding the following sentences at the end of the first paragraph in said subsection:

“A contracting agency shall extend the 30-day bid evaluation period by a total of 5 working days and a school district shall extend the 60-day bid evaluation period by a total of 5 working days if a bid is non-responsive or a bidder is judged to be not responsible, and the bidder cannot be notified in writing a minimum of 5 days prior to the end of the 30-day bid evaluation period in the case of an agency, or the 60-day bid evaluation period in the case of a school district. Written notification to the bidder or bidders whose bid is non-responsive or who have been determined to be not responsible shall be received at least 5 working days prior to the end of the original or the extended evaluation period and shall specify the reason(s) why the bid is non-responsive or the bidder determined to be not responsible. If the bid evaluation period is extended by 5 working days, the contracting agency or school district shall notify each bidder in writing prior to the end of the 30-day bid evaluation period in the case of an agency, or the 60-day bid evaluation period in the case of a school district, that the bid evaluation period is being extended by 5 working days. The written notification to all bidders shall include the calendar date by which the agency or school district shall award a contract or reject all bids.”

Approved July 19, 2004