CHAPTER 416

FORMERLY

HOUSE BILL NO. 435

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE PROCUREMENT.

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

Section 1. Amend Chapter 69, Title 29 of the Delaware Code by adding a new section to read as follows:

Ҥ6939. Purchase of Energy Efficient Products.

(a) Agencies shall purchase Energy Star products, as designated by the federal Environmental Protection Agency, when such products are available. The agency may include non-Energy Star rated equipment as an alternate in the bid documents to enable lifecycle costing analysis to be performed as part of the analysis of responsive bids. The agency shall be required to award a contract that includes the procurement of Energy Star rated equipment unless the agency can demonstrate, in writing, to the satisfaction of the Secretary, that the interests of the state would be better served by procuring non-Energy Star rated equipment.

(b) Prior to initiating a request for procurement of any product, an agency shall review the specifications for such product to determine whether an Energy Star product is available. If an Energy Star product is available, the agency is required to include in its bid specifications the requirement that the product be an Energy Star product unless the agency can demonstrate, in writing, to the satisfaction of the agency head, that a product with an Energy Star rating meets at least one of the following criteria:

(1) the product is not available competitively,

(2) the product is not available within a reasonable time frame, or

(3) the product does not meet appropriate performance standards.

The agency may include non-Energy Star rated equipment as an alternate in the bid documents to enable lifecycle costing analysis to be performed as part of the analysis of responsive bids. The agency shall be required to award a contract that includes the procurement of Energy Star rated equipment unless the agency can demonstrate, in writing, to the satisfaction of the Secretary, that the interests of the state would be better served by procuring non-Energy Star rated equipment.”

Section 2. Amend §6962(d)a, Title 29 of the Delaware Code by adding the words “Energy Star Equipment” after the phrase “anti-pollution, conservation or environmental measures” and before the phrase “not covered by contract specifications”.

Section 3. Amend §6962(d)(4)a, Title 29 of the Delaware Code by adding a new subparagraph 5 to read as follows:

“5. Energy Star Equipment. Prior to finalizing specifications for equipment to be purchased as part of a large public works contract, the agency or its architect and/or engineer shall review all equipment to determine whether Energy Star rated products are available. For each piece of equipment, if an Energy Star product is available, the specifications and bid documents shall require the use of an Energy Star product unless the agency can demonstrate, in writing, to the satisfaction of the Secretary, that a product with an Energy Star rating meets at least one of the following criteria:

a. The Energy Star rated equipment is not available competitively,

b. The Energy Star rated equipment is not available within a reasonable time frame, or

c. The Energy Star rated equipment does not meet appropriate performance standards.

The agency may include non-Energy Star rated equipment as an alternate in the bid documents to enable lifecycle costing analysis to be performed as part of the analysis of responsive bids. The agency shall be required to award a contract that includes the procurement of Energy Star rated equipment unless the agency can demonstrate, in writing, to the satisfaction of the Secretary, that the interests of the state would be better served by procuring non-Energy Star rated equipment.”

Approved August 19, 2004