Title 29, State Government

§ 6902. Definitions [For application of this section, see 82 Del. Laws, c. 36, § 3]. For purposes of this chapter: (1) “Agency” means every board, department, bureau, commission, person or group of persons or other authority which directly receives moneys under any budget appropr…

§ 6903. Violations and penalties. (a) Any person, who, with intent to avoid compliance with this chapter, wilfully fragments or subdivides any contract for the purchase of materiel, nonprofessional services, public works or professional services, shall be subject to the penalties…

§ 6904. Exceptions. (a) If any provision of this chapter conflicts or is inconsistent with any statute, rule or regulation of the federal government applicable to a project or activity, the cost of which is to be paid or reimbursed in whole or in part by the federal government, a…

§ 6905. Failure to comply with contract; new award; supervision. If any firm entering into a contract under the authority of this chapter neglects or refuses to perform or fails to comply with the terms thereof, the agency which signed the contract may terminate the contract and …

§ 6906. Rental and purchase of motor vehicles; exceptions. (a) Notwithstanding the provisions of this title, all passenger vehicles, including sedans, station wagons, passenger and utility vans, off-road vehicles, police-type cars and station wagons and trucks rated 10,000 GVW or…

§ 6907. Emergency procedures and critical need for professional services. (a) An agency head may waive any or all provisions of this chapter to meet the critical needs of the agency as required by emergencies or other conditions where it is determined to be in the best interest o…

§ 6908. Section powers and duties. (a) In addition to the powers and duties prescribed by other sections in this chapter, the Section shall do all of the following: (1) Review and recommend improvements to the State’s procurement process. (2) Function as the contracting agent in …

§ 6909. Special requirements for contracts involving environmental statutes. All contracts covered under this chapter shall make provisions for all federal and state anti-pollution, conservation and environmental statutes, rules and regulations and county ordinances which will be…

§ 6909A. Lifecycle costing analysis. (a) In the case of small and large public works contracts awarded under § 6961, § 6962 or § 6965 of this title, the contracting agency shall require the project architect or project engineer to perform lifecycle costing analysis on equipment, …

§ 6909B. Fair background check practices. The State shall include in all formal solicitations a section stating the State does not consider the criminal record, criminal history, credit history, or credit score of an applicant for state employment during the initial application p…

§ 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, nonprofessional services, or profession…

§ 6911. Authority and responsibilities. (a) The Section shall act as the exclusive contracting agent for all purchases of materiel and nonprofessional services and may act as the exclusive contracting agent for professional services not subject to the small purchasing procedures …

§ 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 f…

§ 6913. Contracting and purchasing advisory council. (a) There is established a Contracting and Purchasing Advisory Council to consist of all covered agency heads or their designee and 1 additional member representing all public school districts. The Section director shall be a n…

§ 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.70 Del. Laws, c. 6…

§ 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 s…

§§ 6916-6921.

§ 6922. Small purchase procedure. (a) Applicability. — Any state contract for which an agency is a party for materiel or nonprofessional services, whose annual probable cost is less than the threshold amount or amounts set by the Contracting and Purchasing Advisory Council pursua…

§ 6923. Competitive sealed bidding. (a) Applicability. — Any state contract except for lodging and interstate and international travel and for which an agency is a party for materiel or nonprofessional services, whose annual probable cost is greater than the threshold amount or a…

§ 6924. Competitive sealed proposal; request for proposal procedure. (a) Applicability. — When the agency head makes a determination that the use of competitive sealed bidding is either not practical or not in the best interest of the State, a contract may be entered into through…

§ 6925. Sole source procurement. (a) A contract may be awarded for materiel or nonprofessional services without competition if the agency head, prior to the procurement, determines in writing that there is only 1 source for the required materiel or nonprofessional service. Sole s…

§ 6926. Multiple source contracting. An agency may award a contract for a particular materiel or nonprofessional service to 2 or more firms if the agency head makes a determination that such an award is in the best interest of the State. If such a determination is made, the adver…

§ 6927. Bid and contract security. (a) Bid bonds. — For the purchase of materiel and nonprofessional services, in accordance with § 6923 of this title, the agency or a representative delegated by the agency may, at their discretion, require that bids be accompanied by: (1) A depo…

§ 6928. Failure to comply with contract. If any firm entering into a contract under the authority of this chapter neglects or refuses to perform it or fails to comply with the terms thereof, the agency may terminate the contract and proceed to award a new contract in accordance w…

§ 6929. Contract insurance and contract liability. In addition to bond requirements as stated in § 6927 of this title, each successful bidder shall purchase adequate insurance for the performance of the contract and, by submission of a bid, agrees to indemnify and save harmless a…

§ 6930. Right to audit records. An agency shall have the right to audit the books and records of a contractor or any subcontractor under any contract or subcontract to the extent that the books and records relate to the performance of the contract or subcontract. The books and re…

§ 6931. Procurement of information and telecommunications systems [Repealed].70 Del. Laws, c. 601, § 7; repealed by 84 Del. Laws, c. 489, § 7, effective Oct. 9, 2024.;

§ 6932. Maximum practicable competition. Descriptions or specifications shall not use a brand or trade name except as an indication of the type and quality of materiel and in all such cases shall contain the words “or approved equal.” All specifications shall seek to promote over…

§ 6933. Authorization for cooperative purchasing. (a) The Section may, with written approval of the Section director or the Section director’s designee, participate in, sponsor, conduct or administer a cooperative or joint purchasing agreement for the procurement of materiel or n…

§ 6934. Purchase of used materiel or equipment. Any agency may purchase used equipment or other materiel by negotiated purchase, rather than by competitive bidding, as provided in this chapter, if it is demonstrated to the satisfaction of the agency head that the negotiated price…

§ 6935. Purchases using federal contracts. The Section may, with written approval of the Section director or Section director’s designee, enter into negotiations with various manufacturers or distributors and award contracts which will enable agencies and local governments to pur…

§ 6936. Special requirements for financial contracts. No contract shall be awarded which includes the transportation, handling or storage of moneys, including lawful currency and coin, negotiable and nonnegotiable securities, stocks, bonds, coupons and things of unusual value unl…

§ 6937. Purchase of native plants [For application of this section, see 84 Del. Laws, c. 451, § 3]. (a) For purposes of this section: (1) “Athletic field” means land that is used for athletic events and does not include land that is adjacent to the playing area. (2) “Cultivar” me…

§ 6938. Purchase of recycled, reusable and recyclable products. (a) The State shall have as a goal the maximum feasible purchase of recycled content products and reusable or recyclable products, and the maximum feasible percentage of postconsumer recycled content in its purchases…

§ 6939. 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 docum…

§ 6940. Service worker protection [For application of this section, see 84 Del. Laws, c.453, § 3]. An agency must comply with the Service Worker Protection Act, Chapter 20 of Title 19, when the agency is an awarding authority or a successor employer to a service contract.84 Del. …

§ 6960. Prevailing wage requirements. (a) The specifications for every contract or aggregate of contracts relating to a public works project in excess of $500,000 for new construction (including painting and decorating) or $45,000 for alteration, repair, renovation, rehabilitatio…

§ 6960A. Craft training requirement. (a) (1) A contract relating to a public works project under § 6962 of this title must include a craft training program for each craft in the project if at the time the contractor executes a public works contract, all of the following apply: a.…

§ 6961. Small public works contract procedures. (a) Applicability. — Any state contract for which an agency is a party and for which the probable cost is less than or equal to the threshold amount(s) set by the Contracting and Purchasing Advisory Council pursuant to § 6913 of thi…

§ 6962. Large public works contract procedures [For application of this section, see 82 Del. Laws, c. 36, § 3]. (a) Applicability. — Any state contract for which an agency is a party and for which the probable cost is greater than the amount set by the Contracting and Purchasing …

§ 6963. Emergency procedures and contract change orders. (a) All of the provisions of this subchapter may be waived pursuant to § 6907 of this title. (b) The awarding agency may issue a change order to the public works contract setting forth any change, addition or extra work req…

§ 6964. Contract performance. If any firm entering into a public works contract neglects or refuses to perform or fails to comply with its terms, the agency may terminate the contract and proceed to award a new contract in accordance with this subchapter or may require the surety…

§ 6965. Sole source procurement. (a) A contract may be awarded for a public works project without competition if the agency head, prior to the procurement, determines in writing that there is only 1 source for the required public works project. Sole source procurement shall not b…

§ 6966. Multiple source contracting. An agency may award a contract for a particular public works project to 2 or more firms if the agency head makes a determination that such an award is in the best interests of the State. If such a determination is made, the advertisement shall…

§ 6967. Requirement of occupational and business license [For application of (b) and (c), see 79 Del. Laws, c. 401, § 4]. (a) All contractors, subcontractors and independent contractors shall have a proper and current occupational and/or business license, as required by Title 30,…

§ 6968. Requirement of certificate of registration. (a) After a bid proposal for a public works contract is submitted, but before the award of a public works contract, a contractor must provide the agency to which it is contracting a copy of the certificate of registration under …