The Repository of State Practices (RoSP) is a database of state procurement statutes, regulations, and policies. NASPO’s Research and Innovation team continually update the RoSP. Bid Responsiveness bid-responsiveness rosp_category Statutory, regulatory, and procedural guidance for bid responsiveness raw DE ST TI 29 § 6923(o)
(o) Responsiveness of bidders.–An agency shall determine that a bidder is responsive before awarding a contract to that bidder. Factors to be considered in determining if a bidder is responsible include:
(1) The bidder’s financial, physical, personnel or other resources, including subcontracts;
(2) The bidder’s record of performance and integrity;
(3) Whether the bidder is qualified legally to contract with the State; and
(4) Whether the bidder supplied all necessary information concerning its responsiveness.
https://delcode.delaware.gov/title29/c069/sc03/index.html Public Link: Yes Bidder Responsibility bidder-responsibility rosp_category Statutory, regulatory, and procedural guidance for bidder responsibility raw DE ST TI 29 § 6924
(m) Responsibility of offerors.–An agency shall determine that an offeror is responsible before awarding a contract to that offeror. Factors to be considered in determining if an offeror is responsible include:
(1) The offeror’s financial, physical, personnel or other resources, including subcontracts;
(2) The offeror’s record of performance and integrity;
(3) Whether the offeror is qualified legally to contract with the State;
(4) Whether the offeror supplied all necessary information concerning its responsibility; and
(5) Any other specific criteria for a particular procurement which an agency may establish; provided, that the criteria shall be set forth in the solicitation and is otherwise in conformity with state and/or federal law.
http://delcode.delaware.gov/title29/c069/sc03/index.shtml Public Link: Yes Goods and Services Procurement goods-and-services-procurement rosp_category State entity with the statutory authority and oversight for the purchasing of goods and services raw DE ST TI 29 § 6911
(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.
https://delcode.delaware.gov/title29/c069/sc02/index.html Public Link: Central Procurement Office Procurement Website procurement-website rosp_category Official state procurement website for public raw https://gss.omb.delaware.gov/ Public Link: Public Notice public-notice rosp_category The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals raw DE ST TI 29 § 6923 (e); DE ST TI 29 § 6924 (c) (2)
DE ST TI 29 § 6923
(e) _Invitation to bid. —_ (1) The agency shall make available invitations to bid at least 14 days before the time and date of the bid opening, unless a shorter time is deemed necessary for a particular procurement as determined in writing by the agency.
DE ST TI 29 § 6924
(2) A request for proposals shall be issued at least 14 calendar days before the closing date and time for receipt of proposals unless a shorter time is determined necessary in writing by the agency.
https://delcode.delaware.gov/title29/c069/sc03/index.html Public Link 1: 14 Days Reverse Auctions reverse-auctions rosp_category State authority to conduct reverse auctions raw DE ST TI 29 § 6923
(q) Reverse auction.–(1) When the Office determines that a reverse auction is advantageous, the Office may use the reverse auction bidding method to obtain bids for the purchase of goods and nonprofessional services.
(2) The solicitation must designate both an opening date and time and a closing date and time. The closing date and time need not be a fixed point in time, but may remain dependent on a variable or variables specified in the solicitation. At the opening date and time, the Office must begin accepting real-time, on-line bids. The solicitation must remain open until the closing date and time, as may be determined by a variable or variables specified in the solicitation.
(3) The Office may require bidders to register before the opening date and time and, as part of that registration, to agree to any terms, conditions or other requirements of the solicitation.
(4)a. Following receipt of the first bid after the opening date and time, all bid prices must be posted electronically to the Internet and updated on a real-time basis. At any time before the closing date and time, a bidder may lower the price of its bid, as long as its bid price is less than the then-current bid. A bidder’s lowest bid price supercedes the bidder’s prior higher bid price. Bid prices may not be increased any time after the opening date and time. All bids are binding and may not be withdrawn unless the bid price entered by the bidder is entered incorrectly. If a price entered by the bidder is in error, the bidder must correct the bid within the time period and manner specified in the solicitation.
b. After the Office closes the bid, the bidder may request, in writing via an electronic mail message to the Office as specified in the solicitation, that its respective bid be withdrawn. Such a request may be allowed only upon the approval of the Office. If withdrawal of a bid after the Office closes the bid is permitted or denied, the Office shall prepare a written determination showing that the request was permitted or denied along with the reasons for such determination.
c. If the lowest responsive bid is withdrawn after the closing date and time, the Office may cancel the solicitation or reopen on-line real time bidding to all preexisting bidders by giving notice to all preexisting bidders of both the new opening date and time and the new closing date and time. Notice that electronic bidding will be reopened must be given as specified in the solicitation.
(5) Receipt and safeguarding of bids. Other than price, any information provided to the Office by a bidder must be safeguarded as required by § 6923(j)(4) of this title.
https://delcode.delaware.gov/title29/c069/sc03/index.html Public Link: Full Authorization State Procurement Manual state-procurement-manual rosp_category Official state procurement manual available to public raw https://budget.delaware.gov/accounting-manual/documents/chapter05.pdf Public Link: State Statutes and Regulations state-statutes-and-regulations rosp_category State databases of statutes and regulations raw https://delcode.delaware.gov/ Resource Public Link 1: Resource 1: Title 29. State GovernmentPart VI. Budget, Fiscal, Procurement and Contracting RegulationsChapter 69. State Procurement https://regulations.delaware.gov/ Resource Public Link 2: Resource 2: Title 19. LaborDivision 4000. Office of Management and Budget State-Wide Contracts state-wide-contracts rosp_category Awarded contracts as provided by each state raw https://mmp.delaware.gov/Contracts/ State-Wide Contracts Link: Supplier Registration supplier-registration rosp_category Information for suppliers as provided by each state raw https://mymarketplace.delaware.gov/vendor-registration.shtml Supplier Registration Link: Technology Procurement technology-procurement rosp_category State entity with the statutory authority and oversight for the purchasing of technology raw Executive Order 18 Other