Delaware Code
Chapter 46. SEWERS AND SEWER DISTRICTS
§ 4611. Contracts.

(a) All contracts or orders for work, material or supplies, performed or furnished in connection with construction, shall be awarded by the county government by or pursuant to resolution. Such contracts or orders for work, material or supplies needed for any particular purpose involving an expenditure of more than $2,000 shall be awarded only after inviting sealed bids or proposals therefor. The notice inviting sealed bids or proposals shall be published at least once in a newspaper or trade paper selected by the county government for such purpose, such publication to be at least 10 days before the date for the receipt of bids. If the county government shall not deem it in the interest of the county government to reject all bids, it shall award the contract to the lowest bidder, unless the county government shall determine that it is in the public interest that a bid other than the lowest bid should be accepted.
(b) The bidder whose bid is accepted shall give security for payment for materials and for the faithful performance of the contract, for maintenance following completion, and for such other purposes as the county government may require. The sufficiency of such security shall be determined by the county government. All bids or proposals shall be publicly opened by the county government or its duly authorized agent. If the bidder whose bid has been accepted shall neglect or refuse to accept the contract within 5 days after written notice that the same has been awarded to that bidder on his or her bid or proposal, or, if the bidder accepts but does not execute the contract and give proper security, the county government shall have the right to declare his or her deposit forfeited, and thereupon it shall be readvertised and relet as above provided. In case any work shall be abandoned by any contractor, the county government may, if the best interests of the district be thereby served, adopt on behalf of the district any or all subcontracts made by such contractor for such work and all such subcontractors shall be bound by such adoption if made; and the county government shall in the manner provided herein advertise and relet the work specified in the original contract exclusive of so much thereof as shall be provided for in the subcontract or subcontracts so adopted.
(c) Notwithstanding the provisions of this section or any other provision of law, the county government may contract for engineering, legal or other professional services requiring special skill or training for any project authorized by this chapter without requesting competitive bids or proposals, and without awarding such contract to the lowest bidder.

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