DelawareHB 384153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO OPEN-END CONTRACTING FOR HIGHWAY CONSTRUCTION AND RECONSTRUCTION.

Sponsored By: Alonna Berry (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 1 costs, 1 mixed.

Delaware highway contractor bonds track active work

For open-end highway contracts, Delaware’s Transportation Department can base bond amounts on the highest expected value of work underway at once. The Department determines that value. Bid bonds can be set at 10% of that value, and performance bonds at 100%. These percentages set bond amounts, not cash fees; a contractor’s actual cost depends on the bond terms.

Longer Delaware highway contracts with spending limits

Delaware’s Transportation Department can use open-end highway construction and reconstruction contracts lasting up to 5 years, up from 3. It can choose project locations during the contract and pay by unit prices or individual items. The Department can award contracts to multiple firms for work anywhere in Delaware. This process is limited to 25% of its total authorized capital improvement budget for the applicable fiscal year or years. The law allows this process despite other chapter rules and treats contract awards and execution as meeting the applicable procurement requirements.

Sponsors & Cosponsors

Sponsor

  • Alonna Berry

    Democratic • House

Cosponsors

  • Eric Morrison

    Democratic • House

  • John "Jack" Walsh

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 56 • No: 1

Senate vote • 6/25/2026

Passed (2/3 required)

Yes: 21 • No: 0

House vote • 6/9/2026

Passed (2/3 required)

Yes: 35 • No: 1

Actions Timeline

  1. Signed by Governor

    9/8/2026Governor
  2. Passed By Senate. Votes: 21 YES

    6/25/2026Senate
  3. Reported Out of Committee (Environment, Energy & Transportation) in Senate with 6 On Its Merits

    6/18/2026Senate
  4. Assigned to Environment, Energy & Transportation Committee in Senate

    6/9/2026Senate
  5. Passed By House. Votes: 35 YES 1 NO 5 ABSENT

    6/9/2026House
  6. Reported Out of Committee (Transportation) in House with 9 On Its Merits

    5/20/2026House
  7. Introduced and Assigned to Transportation Committee in House

    4/30/2026House

Bill Text

  • Current

    4/30/2026

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