Delaware § 314 Award of contracts for public work or goods

Delaware Statutes

§ 314 — Award of contracts for public work or goods

Delaware·Title 9·Part Provisions Affecting All Counties·Ch. 3 COUNTY GOVERNMENTS GENERALLY·Subch. General Provisions

(a)No elected official of the county governing body shall vote for or consent to the doing of any work and labor for any county or county government, or vote for or consent to the furnishing, having or using by or for the account of any county or county government of any merchandise, tools, implements, machinery or materials whatsoever, where the cost in any particular case will probably exceed the contracting thresholds set forth by Delaware’s Contracting and Purchasing Advisory Council pursuant to § 6913(d)(4) of Title 29 or otherwise set forth by state law, whether the work, labor, merchandise, tools, implements, machinery or materials shall be required for new work or for repairs upon old work, unless and until the county government shall publicly invite sealed proposals for the doing

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(a) No elected official of the county governing body shall vote for or consent to the doing of any work and labor for any county or county government, or vote for or consent to the furnishing, having or using by or for the account of any county or county government of any merchandise, tools, implements, machinery or materials whatsoever, where the cost in any particular case will probably exceed the contracting thresholds set forth by Delaware’s Contracting and Purchasing Advisory Council pursuant to § 6913(d)(4) of Title 29 or otherwise set forth by state law, whether the work, labor, merchandise, tools, implements, machinery or materials shall be required for new work or for repairs upon old work, unless and until the county government shall publicly invite sealed proposals for the doing of such work and furnishing of such merchandise, tools, implements, machinery and materials, and give the contract resulting therefrom and therefor to the lowest responsible bidder or bidders.

(b) Bids so obtained shall be opened publicly in the presence of bidders, or their representatives, who may desire to attend.

(c) The county government may require of such bidder or bidders security for the faithful performance of the contract.

(d) Notwithstanding this section or any other law, each county government may contract for engineering, legal or other professional services requiring special skills or training without requesting competitive bids and without awarding such contract to the lowest bidder.

(e) This section shall not apply to the purchase of printed matter for public libraries. Printed matter shall be defined, for purposes of this section, as materials typically made available to the public by public libraries and shall include, but not be limited to, books and magazines.

(f) [Repealed.]

(g) Notwithstanding this section or any other law, each county government has the same power and authority with respect to sole source procurement, emergency needs, contract performance, multiple source contracting granted to the State under Chapter 69 of Title 29.

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Legislative History

21 Del. Laws, c. 22, § 8 ; 22 Del. Laws, c. 273, § 5 ; 26 Del. Laws, c. 83, § 3 ; Code 1915, §§ 1025, 1048; Code 1935, §§ 1160, 1227; 46 Del. Laws, c. 130, § 1 ; 9 Del. C. 1953, § 371; 55 Del. Laws, c. 85, § 3G ; 57 Del. Laws, c. 762, § 2P ; 58 Del. Laws, c. 463 ; 59 Del. Laws, c. 11, § 1 ; 62 Del. Laws, c. 16, § 1 ; 63 Del. Laws, c. 45, § 1 ; 63 Del. Laws, c. 153, §§ 1, 2 ; 64 Del. Laws, c. 174, §§ 1, 2 ; 71 Del. Laws, c. 401, § 3 ; 74 Del. Laws, c. 238, § 1 ; 77 Del. Laws, c. 68, § 1 ; 84 Del. Laws, c. 105, § 1