SB 208 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PUBLIC WORKS CONTRACTING.

Summary

This Act makes the following changes to the large public works contract procedures in subsection (c) and (d) of § 6962 of Title 29 for all State agencies: 1. Changes the requirement for the prequalification process so that submissions must contain performance reviews for previously awarded public works or private sector construction projects within the last 5 years instead of the last 10 years. 2. When an agency elects to award on the basis of best value, the maximum weight that can be assigned to the schedule is reduced from 30% to 20%. 3. When an agency elects to award on the basis of best value, performance is added as an objective criteria and must be given weight of at least 10% but no more than 20%. 4. Performance criterion is based on the contractor's performance rating, as determined under the agency's regulations. This Act makes the following changes to the large public works contract procedures in subsection § 6962(c) of Title 29 for only Department of Transportation projects: 1. Adds a bidder prequalification requirement to projects other than Community Transportation Fund and municipal street aid contracts, so that the only contractors eligible to bid on projects are contractors that either meet or exceed the minimum contractor's performance rating or that will permit the Department to retain 10% of the payments to be made to the contractor. 2. Creates a stakeholder panel to advise the Department of Transportation on the content of the performance-based rating system regulations. Because the stakeholder panel only exists when the performance-based rating system regulations are promulgated or being revised, the stakeholder panel is codified in the Laws of Delaware instead of the Delaware Code. This Act takes on January 1, 2019, or when the required regulations are promulgated, whichever occurs first. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

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This Act modifies bidder prequalification requirements and evaluation criteria for large public works contracts in Delaware.

• § 6962

  10 → 5

  Reduces the time frame for performance reviews from the last 10 years to the last 5 years.

• § 6962

  30% → 20%

  Decreases the maximum weight for schedule in best value awards from 30% to 20%.

• § 6962

  Performance — must be at least 10% but no more than 20%.

  Introduces performance as a new objective criterion in the best value award process.

• § 6962

  A contractor is eligible to bid as follows: 1. A contractor meeting or exceeding the minimum contractor’s performance rating at the time of bid, as determined by the Department’s performance-based contractor evaluation system, is eligible to bid. 2. A contractor who does not meet or exceed the minimum contractor’s performance rating at the time of bid is eligible to bid if the contractor agrees to allow the Department to retain 10% of the payments to be made to the contractor for work performed under the contract under the procedures provided in paragraph (d)(5)a.1. of this section.

  Establishes eligibility criteria for contractors bidding on Department of Transportation projects.

• § 6962

  The Department of Transportation must form a stakeholder panel for the sole purpose of advising the Department on the content of the performance-based rating system regulations promulgated under § 6962 of Title 29 when creating the regulations and when considering revisions to the regulations.

  Creates a stakeholder panel to provide input on the performance-based rating system for the Department of Transportation.

Action History

1. July 25, 2018

   Signed by Governor

2. June 27, 2018

   Passed By House. Votes: 41 YES

3. June 20, 2018

   Reported Out of Committee (Transportation/Land Use and Infrastructure) in House with 5 On Its Merits

4. June 19, 2018

   Re-Assigned to Transportation/Land Use and Infrastructure Committee in House

5. June 13, 2018

   Assigned to Administration Committee in House

6. June 12, 2018

   Passed By Senate. Votes: 20 YES 1 ABSENT

7. June 12, 2018

   Amendment SA 1 to SB 208 - Passed By Senate. Votes: 19 YES 2 ABSENT

8. June 06, 2018

   Reported Out of Committee (Elections & Government Affairs) in Senate with 3 On Its Merits

9. May 10, 2018

   Introduced and Assigned to Elections & Government Affairs Committee in Senate

Sponsors

• Nicole Poore · Primary
• Stephanie L. Hansen · Cosponsor
• John "Jack" Walsh · Cosponsor
• Edward S. Osienski · Cosponsor
• Gerald L. Brady · Cosponsor
• Margaret Rose Henry · Cosponsor
• Earl G. Jaques Jr. · Primary

Votes

Subjects