Bill Text: DE HB393 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To State Procurement.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Introduced - Dead) 2014-06-10 - Introduced in House and assigned to House Administration Committee [HB393 Detail]
Download: Delaware-2013-HB393-Draft.html
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SPONSOR: |
Rep. Carson & Sen. Ennis |
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Reps. Brady, Jaques, J. Johnson, Kowalko, Mulrooney, Osienski, Paradee, D. Short; Sen. Marshall |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 393 |
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AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE PROCUREMENT. |
Section 1.Amend Title 29, §6907(a) of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§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 of the agency. The agency head may determine an emergency condition exists by reason of extraordinary conditions or contingencies that could not reasonably be foreseen and guarded against. An emergency condition creates an immediate and serious need for materiel and/or nonprofessional services that cannot be met through normal procurement methods for the protection of public health, safety or property.
(1)Any procurement pursuant to this subsection shall be limited to those materials and/or nonprofessional services necessary to satisfy the emergency.
(2)Any public works project contracted pursuant to this subsection shall be subject to §6960 of this title.
(3)Any public works project contracted pursuant to this subsection shall be subject to §6962(d)(4)b. of this title.
(4)Any public works project contracted pursuant to this subsection for the construction of all public works for the State or any political subdivision thereof or by firms contracting with the State or any political subdivision thereof, shall be subject to a preference in employment of entities with its bona fide principal place of business in this State with the required expertise, equipment, and availability. Each public works contract for the construction of public works for the State or any political subdivision thereof shall contain a stipulation that any person, company or corporation who violates this subsection shall pay a penalty to the Secretary of Finance equal to the amount of compensation paid to any entity in violation of this section.
(4)(5) A copy of each emergency determination processed
under this procedure shall be kept on file by the agency.
Section 2.This Act shall become effective 30 days after its enactment.
SYNOPSIS
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This bill requires that, for emergency procurement, in addition to a preference for Delaware labor, there will be a preference for hiring companies with their principal place of business in Delaware.For a violation of that requirement, the hired entity may be fined an amount equal to the compensation. |
