Delaware Code

Title 29. State Government

Part VI. Budget, Fiscal, Procurement and Contracting Regulations

Chapter 69. State Procurement

Subchapter I. General Provisions

 

DEL. CODE ANN. TIT. 29, § 6902 Definitions.

(8) ”Section” means the Section of Government Support Services in the Office of Management and Budget.

(1) ”Agency” means every board, department, bureau, commission, person or group of persons or other authority which directly receives monies under any budget appropriation act or supplemental appropriation act and which was created and now exists or hereafter is created to:

a. Execute, supervise, control and/or administer governmental functions under the laws of this State; and/or

b. To perform such governmental functions under the laws of this State, or to perform such other duties as may be prescribed; and/or

c. To collect and/or use any taxes, fees, licenses, permits or other receipts for service or otherwise for the performance of any function or related to or supported in whole or in part by the laws of this State; and/or

d. To administer any laws providing for the collection of taxes, fees, permits, licenses or other forms of receipts from any sources whatsoever for the use of the State or any agency of the State.

“Agency” shall include Delaware Technical and Community College and the Delaware State University but shall not include any local government unit or agency receiving only grants-in-aid appropriations from the State and no other appropriations, as described herein, the University of Delaware, volunteer ambulance/rescue companies, volunteer fire departments and the Delaware Transit Corporation. Nothing in this subsection shall be deemed to exempt any entity that is otherwise required to comply with § 6960 of this title.

DEL. CODE ANN. TIT. 29, § 6904 Exceptions.

(e) If no state contract exists for a certain good or service, covered agencies may procure that certain good or service under another agency’s contract so long as the arrangement is agreeable to all parties. Agencies, other than covered agencies, may also procure such goods or services under another agency’s contract when the arrangement is agreeable to all parties.

Subchapter III. Material and Nonprofessional Services

 

DEL. CODE ANN. TIT. 29, § 6933. Authorization for cooperative purchasing.

(a) The Section may, with written approval of the Director, participate in, sponsor, conduct or administer a cooperative or joint purchasing agreement for the procurement of materiel or nonprofessional services with 1 or more public procurement units either within the State or within another state in accordance with an agreement entered into between the participants.

(b) The Section may grant temporary approval to another agency to participate in, sponsor, conduct or administer a cooperative or joint purchasing agreement for the procurement of materiel or nonprofessional services with the written approval of the Director.

Subchapter VI. Professional Services

DEL. CODE ANN. TIT. 29, § 6987 Cooperative procurement.

An agency may participate in, sponsor, conduct or administer a cooperative agreement for the procurement of professional services with 1 or more public procurement units either within this State, with or within another state, or with a consortium of other states in accordance with an agreement entered into between the participants. Such agreement may include material and/or nonprofessional services with professional services. The other provisions of this subchapter shall not apply when an agency participates in an existing cooperative agreement for the procurement of professional services with a contractor holding a current contract as part of such cooperative agreement.