Bill Text: DE HB183 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 14 Of The Delaware Code Relating To Contract Bidding And Free Public Schools.
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: (Introduced - Dead) 2011-06-14 - Introduced and Assigned to Education Committee in House [HB183 Detail]
Download: Delaware-2011-HB183-Draft.html
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SPONSOR: |
Rep. D.P. Williams & Rep. B. Short & Sen. Henry |
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Reps. Barbieri, Bennett, Bolden, Gilligan, Heffernan, Jaques, Manolakos, Ramone, D. Short; Sen. Venables |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 183 |
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AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CONTRACT BIDDING AND FREE PUBLIC SCHOOLS. |
Section 1.Amend Chapter 15, Title 14 of the Delaware Code by adding a new Section thereto as follows:
"§1511.Explanation of rejected contract bid proposals – Public Schools.
Notwithstanding any other language, a party that has submitted a bid proposal for a public school or public school district contract, whichever is applicable, and such proposal has been rejected may request an explanation of the basis or bases for the public school's rejection of the bid proposal ("Notification").Such request for a Notification shall be: (i) in writing (e.g., a letter sent via U.S. Post, electronic mail, or by similar means) and (ii) delivered to a representative of the school or school district, whichever is applicable, within five (5) working days of such bidder having received written notice of rejection of its contract bid proposal.The Notification that is to be provided shall be:(i) in writing, (ii) sent within ten (10) working days of receipt of such request, and (iii) provide a detailed explanation of the basis or bases for rejection of the bid proposal, which, where applicable, shall include at a minimum, but not be limited to, the non-responsiveness of the bid proposal, the financial non-responsibility of the bidder, and the existence of a lower bid proposal from a responsive, responsible bidder.Consistent with the intent of this statute, the General Assembly directs the public school or public school district, whichever is applicable, to respond to a request for Notification with as much detail as necessary to adequately place a losing bidder on notice of all reasons for denial of its bid.".
SYNOPSIS
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The intent of this Act is to promote competitive bidding for public school contracts.Competitive bidding benefits the public school and the public, generally, as it promotes better quality bidding and, consequently, thereby promotes more efficient and economical use of public funds.This Act furthers this goal by providing a losing bidder for a contract with a qualitative assessment, when requested, of the specific reasons that a bid was denied so that such losing bidder understands how to improve its bid when the awarded contract is about to later expire and new bids are to be solicited.Specifically, this Act accomplishes this goal by permitting an unsuccessful bidder to request an explanation of the reason(s) that a public school district did not award a contract to that bidder. For example, if the bidder was not the lowest bid for the contract, the Notification would indicate that there was a lower bid.By way of additional example, if the bidder was the lowest bid but was deemed to not be responsible due to the bidder's record of poor performance on past projects, the Notification would so indicate. |
