OF THE BOARD OF STATE SUPPLIES.
AN ACT regulating the furnishing of Supplies for the State.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That a Board of State Supplies is hereby constituted. Said Board of State Supplies shall consist of the Governor, the Secretary of State and the State Treasurer. The acts of two of said members shall be that act of said Board.
Section 2. That all supplies for the State shall be furnished and performed, only in pursuance to the terms of a written or printed contract or contracts, made by said Board of State Supplies and the person, firm or corporation delivering or doing the same.
Section 3. The said Board of State Supplies shall, annually advertise in at least six newspapers published in this State (two of which shall be published in each county) during the months of April and May, for at least four weeks, for proposals or bids for doing and furnishing of all State supplies for the year beginning on the first day of June next ensuing. Said advertisements shall state the nature, kind, quality, quantity and amount of said supplies, and shall designate the time and place when and where said proposals will be opened, which shall be done by said Board of State Supplies in public in the presence of the persons making the bids or their representatives. Every such bid or proposal shall be accompanied by a duly certified check of the bidder or bidders for ten per centum of the amount of his or her bid. Said checks shall be returned to said bidder or bidders upon the execution of the said contract or contracts and the bond or bonds hereinafter provided for. Upon the opening of said bids the said Board of State Supplies shall carefully consider all the same, and shall award the contract or contracts for the doing and furnishing said supplies to the lowest responsible bidder therefor. If any two or more responsible persons, firms or corporations shall bid an equal amount for doing or furnishing such supplies, which bids shall be the lowest, then said Board shall award said contract or contracts to any one of the same. Every successful bidder or bidders shall enter into a contract or contracts with said Board as mentioned in Section 2 of this Act and shall enter into a bond to the State of Delaware with surety or sureties to be approved by said Board in an amount to be fixed by said Board. Every such bond shall have a warrant of Attorney attached thereto, authorizing the State by its Attorney General to confess and enter judgment thereon in any Court in the United States of America or elsewhere against the obligors therein named for the amount therein named, and shall be conditioned for the honest and faithful compliance with all the provisions of the contract of the bidder or bidders aforesaid. Whenever, in the opinion of said Board, it shall be for the best interests of the State that any of said bonds shall be entered, it shall so order and direct the Attorney General who shall thereupon cause the same to be entered in the proper Court.
Section 4. If any bidder or bidders mentioned in this Act, to whom any contract mentioned in this Act, shall be awarded, shall neglect or refuse to comply with his or her contract, then the said Board shall cause his or her said bond to be entered as aforesaid, and shall proceed by all lawful means to collect all the money due thereon, and shall, in the manner provided in this Act, advertise for new bids to complete the doing and furnishing said supplies for the balance of the term of said contract, and in like manner award said contract.'
Section 5. The word "supplies" as used in this Act shall be construed to mean and include all stationery, printing, paper and fuel used in the Legislative and other departments of the State government, the printing, binding and distribution of the laws, journals, official reports, and all other State printing and binding, and the repairing, furnishing and heating the State House.
Section 6. The said Board of State Supplies shall, whenever it advertises for any bids or proposals, state in said advertisements a maximum price for supplies asked for. "The said Board of State Supplies shall have the right to reject any and all bids or proposals mentioned in this Act. If said Board should, at any time, reject all bids or proposals in lieu of those rejected, in the manner in this Act provided for the original advertisements. All State officers and Boards to whom or which this Act applies shall, annually in the month of March certify in writing to said Board of State Supplies as near as possible the amount, kind and quality of any supplies he or it will require, for the year next ensuing, beginning on the first day of June next ensuing."
Section 7. This Act shall become operative immediately upon its approval by the Governor.
Approved, March 23, A. D. 1905.