§ 6910 Applicability.
(a) This subchapter shall apply to all covered agencies as defined in § 6902(6) of this title.
(b) Any organization, entity or person designated as the recipient of grant-in-aid shall be entitled to purchase material and/or nonprofessional services under any central contract negotiated by the Section during the fiscal year for which aid is appropriated, provided that:
(1) The organization, entity or person received an appropriation of at least $100,000; and
(2) The organization, entity or person has a staff of at least 5 people.
(c) Any bona fide nonprofit organization, entity or person who is under contract with the State to provide goods and/or services shall be entitled to purchase materials and/or nonprofessional services under any central contract negotiated by the Section during the fiscal year for which said nonprofit contract is in effect, provided that:
(1) The organization, entity or person is a bona fide § 501(c)(3) [26 U.S.C. § 501(c)(3)] organization under the United States Internal Revenue Code; or
(2) The organization, entity or person is a member in good standing of the Delaware Association of Nonprofit Agencies or a Delaware registered nonprofit corporation.
§ 6911 Authority and responsibilities.
(a) The Section shall act as the exclusive contracting agent for all purchases of materiel and nonprofessional services not subject to the small purchasing procedures made by contracting agencies and as outlined in this subchapter and made by 2 or more covered agencies except for lodging and interstate and international travel and except as provided for in subsection (d) of this section.
(b) The Section shall have the following responsibilities for central contracts:
(1) Assembling the bid specification package;
(2) Conducting the advertising, bidding and awarding of each contract;
(3) Resolving disagreements between vendors and agencies; and
(4) Assuring that vendors and products meet the requirements of awarded contracts.
(c) Each agency that participates in a central contract shall have the following responsibilities for the materiel or service purchased under that contract:
(1) Providing and approving commodity specifications;
(2) Participating in user groups by requiring that appropriate covered agency staff attend user group meetings, as described in § 6912 of this title; and
(3) Providing information concerning contract effectiveness to the Section.
(d) Covered agencies shall exclusively use central contracts. A covered agency head may exempt the agency from a central contract only when all of the following conditions are met by the covered agency head:
(1) Demonstration that participation in a central contract would negatively impact the operations of the covered agency. However, operations, as used in this subsection, shall not include the fiscal impact to the covered agency;
(2) Demonstration that the covered agency has attempted to negotiate the specifications with the Section prior to the covered agency head exempting the materiel or service; and
(3) Demonstration that the exemption is an exception to the covered agency's use of a central contract rather than a common practice.
Any exemption issued by an agency head under this subsection shall not be a blanket exemption but shall only apply to an individual central contract.
(e) The Administrator of the Section may waive the requirement that a covered agency use a state contract in the event the Administrator deems such a waiver is in the best interest of the State.
§ 6912 Covered agency user groups.
(a) The Section shall establish, convene and chair user groups for the purchase of a materiel or service or group of materiel and/or services by a central contract or contracts. Convention of a user group may include, but is not limited to, a formal meeting, electronic mail among user group members and/or a teleconference among user group members. The method by which the user group convenes shall be agreed to by all user group members.
(b) The Section shall provide reasonable opportunity for each covered agency to participate in a user group if that covered agency anticipates the purchasing of materiel or service or services or a group of materiel and/or services under a specific central contract to be written and bid. A covered agency not participating in a user group shall not be grounds for an exception to the use of that central contract. A user group shall perform at least the following functions for the materiel or service or group of materiel and/or services to be purchased by a central contract:
(1) Make recommendations on the contents of the contract;
(2) Rate vendors, materials and/or services;
(3) Rate the effectiveness of the contract; and
(4) Qualify a materiel and/or service.
§ 6913 Contracting and purchasing advisory council.
(a) There is established a Contracting and Purchasing Advisory Council to consist of all covered agency heads and 1 additional member representing all public school districts. The Administrator of the Section shall be a nonvoting member of the Council.
(b) The Director of the Office shall be the Council Chair.
(c) The purpose of the Council is to advise as to the effectiveness of and make recommendations for changes to the State's procurement laws, policies and practices to the Director of the Office and the Administrator of the Section.
(d) The Council shall be responsible for:
(1) Recommending procurement policy and administrative procedures to the Director. The Director shall elicit the Council's comments before issuing policy statements, policy changes, administrative procedures or administrative changes regarding this chapter;
(2) Reporting annually to the Governor by December 31st of each year concerning the effectiveness of the State's procurement processes. This report shall include recommended changes to the State's procurement laws as may be necessary to improve the State's overall effectiveness;
(3) Reviewing vendor concerns regarding the overall procurement process and recommending appropriate action relating to these concerns; and
(4) Setting the dollar amount thresholds required in this chapter. When setting these dollar amount thresholds, the Council shall take into consideration operational issues and inflation. Nothing in this subsection shall affect the amounts set in § 6960 of this title.
(e) A Contracting and Purchasing Committee shall also be established. The Section Administrator shall appoint representatives to the Committee, with the approval of the Council. The Section Administrator shall chair the Committee. The Committee shall staff the Council, monitor the effectiveness of the State's procurement process, recommend changes to the procurement process, policies and procedures and any other duties deemed necessary by the Council.
§ 6914 Delegation of centralized contracting authority.
The section may delegate its centralized contracting authority for specific materials and/or services or groups of materials and/or services to another covered agency with the covered agency's concurrence.
§ 6915 Exceptions.
(a) In a contract for professional services, public works or nonprofessional services, where the contract includes items that are a part of a central purchasing contract, those items shall not be subject to the purchasing requirements of this title.
(b) If a service or a materiel is a component part of a specific project that is part of another contract, then the requirements of this subchapter shall not apply.
(c) This section is not intended to allow agencies to avoid the use of central purchasing contracts by contracting with a vendor under the auspices of procuring a good or service when the sole or partial purpose of such a contract is to procure from that vendor another good or service that is on a central purchasing contract.