Drop Out Prevention

May 29, 2026
RE: RFP Number: 4-26-95
RFP Title: Drop Out Prevention - Colonial School
District
Date/Time of RFP Opening: July 1, 2026 at 2:00 PM
The Central Bidding Department of the Colonial and Red Clay Consolidated School Districts will receive
sealed proposals for the above referenced bid (via email only to bids@dataservice.org ) until the time and date
stated above when they will be publicly opened online (meeting information available upon request by
contacting bids@dataservice.org).
Enclosed are General Instructions to Bidders and Specifications, which I strongly encourage you to be fully
aware of when submitting a proposal. The enclosed Proposal Form must be used in submitting a proposal.
The General Instructions to Bidders, Special and/or Specifications are to be returned only if you wish to take
exception to anything contained therein. You should retain these documents (or copies) for information in the
event you are a successful bidder.
If you have any questions concerning the enclosed information, please contact me.
Sincerely,
Emily L. Ryan
Manager - Administrative Applications & Central Bidding
Data Service Center

DATA SERVICE CENTER
CENTRAL BIDDING DEPARTMENT
COLONIAL SCHOOL DISTRICT
RED CLAY CONSOLIDATED SCHOOL DISTRICT
GENERAL INSTRUCTIONS TO BIDDERS
THE GENERAL RULES AND CONDITIONS WHICH FOLLOW APPLY TO ALL PURCHASES AND BECOME A PART
OF EACH CONTRACT OR PURCHASE ORDER. BEFORE SUBMITTING ITS BID, THE BIDDER MUST REVIEW ALL
INSTRUCTIONS AND SPECIFICATIONS. A BIDDER'S MISINTERPRETATION OR IGNORANCE OF SUCH
INSTRUCTIONS OR SPECIFICATIONS WILL NOT EXCUSE THE BIDDER FROM COMPLYING WITH THE
INSTRUCTIONS AND SPECIFICATIONS. THE BIDDER MUST ALSO REVIEW APPLICABLE STATE LAWS. IF
THESE INSTRUCTIONS OR THE BID SPECIFICATIONS ARE INCONSISTENT WITH STATE LAW, STATE LAW
SHALL CONTROL.
NOTE: "District(s)" refers to the Colonial and Red Clay Consolidated School Districts, individually or collectively as
indicated in the Special Instructions or Specifications.
1. BID PROPOSALS
Use the enclosed Proposal Form in submitting a Bid Proposal. The Bid Proposal must be dated and signed by
an authorized representative of the bidder. A Request for Bids for Red Clay Consolidated, and/or Colonial
School Districts received from any source other than the Central Bidding Department may not be complete or
current. When you are made aware of an existing Request for Bid, you should contact this office for the bid
documents.
All Bids must, prior to the time set for the public opening, be returned to the Data Service Center, Central
Bidding Department, bids@dataservice.org with the bid number & name in the subject line.
2. "RFP" - REQUESTS FOR PROPOSALS
When the use of competitive sealed bidding is either not practicable or not advantageous to the District, a
procurement may be effected after receipt of a response to a "Request For Proposal" ("RFP"). The "RFP"
differs from a "Bid" in that offerors submitting proposals may be afforded an opportunity to discuss and revise
proposals. Revisions may be permitted after submissions of proposals and prior to award for the purpose of
obtaining best and final offers. Negotiations may be conducted with responsible offerors who submit proposals
reasonably likely to be selected for award.
The contents of any proposal shall not be disclosed so as to be available to competing offerors during the
negotiation process. The award shall be made to the offeror(s) whose proposal is most advantageous to the
District(s), taking into consideration the evaluation factors set forth in the RFP. The award may be made upon
criteria which do not include price.
3. PRE-BID MEETINGS
In the case of any public works contract for the construction, re-construction, alteration or repair of any public
building or other public improvement of any District, there shall be a meeting of all prospective bidders and of
the District called by the District upon reasonable notice and at a place and time stated in such notice which
meeting shall be at least 15 days before the date for the submission of bids (29 6962(d)(10)a Delaware
Code).
Pre-bid meetings for non-public works contracts and for public works contracts that do not exceed $50,000 in
value, and attendance requirements for such meetings, shall be at the discretion of the District(s).

4. DELIVERY OF BID PROPOSALS
Sealed Bid Proposal must be received to bids@dataservice.org , prior to the time set for the Bid Opening. It is
the responsibility of the Bidder to make certain that the Bid Proposal is in the Central Bidding Department prior
to the time set for the Bid Opening. The District(s) accepts no responsibility for any late bids due to internet
errors, etc.. Bid Proposals not received in the Central Bidding Department by the time set for the Bid Opening
will not be considered.
5. BID OPENING
Bids will be publicly opened at the designated location at the time designated on the Proposal Form, and in the
Advertisement for Bids. The purpose of the opening is to reveal the names of those bidders submitting
proposals. The opening is not to serve as a forum for determining the responsiveness of each bid, or the
apparent low bidder. Additional information shall be disclosed at the discretion of the Districts.
The contents of any "Request For Proposal" will not be disclosed at an opening so as not to interfere with the
negotiation process. Only the names of those submitting proposals shall be revealed.
6. POLICY AND PROCEDURE FOR THE EXAMINATION AND COPYING OF PUBLIC RECORDS
Title 29 10003 Delaware Code Freedom of Information Act
(a) All public records shall be open to inspection and copying by any citizen of the State during
regular business hours by the custodian of the records for the appropriate public body.
Reasonable access to and reasonable facilities for copying of these records shall not be
denied to any citizen. If the record is in active use or in storage and, therefore, not available
at the time a citizen requests access, the custodian shall so inform the citizen and make an
appointment for said citizen to examine such records as expediently as they may be made
available. Any reasonable expense involved in the copying of such records shall be levied
as a charge on the citizen requesting such copy.
(b) It shall be the responsibility of the public body to establish rules and regulations regarding
access to public records as well as fees charged for copying of such records.
(60 Del. Laws, c. 641 1.)
A. Examination of Contract File
Any citizen of the State or bidder may review the contract file only after making an appointment to do
so with the Central Bidding Office. Requests to review the records during an unannounced office visit
may be denied if department personnel are busy, or if the file is in active use. Trade secrets and
commercial or financial information of a privileged or confidential nature shall not be deemed public.
B. Requests for Bid Tabulations
Copies of a bid tabulation may be obtained from the Data Service Center either by mail after receipt of
a written request and a self-addressed and stamped envelope, or by making an appointment to pick
up copies that will be left at the Receptionist's desk. Bid tabulation and/or contract information other
than the name of the successful bidder will not be given out over the telephone. Requests for bid
tabulations during an unannounced office visit may be denied if work flow of department personnel
will be disrupted.
C. Copying Fees
The Data Service Center reserves the right to charge a reasonable fee for the copying of any public
record. Such charges must be paid to the Data Service Center prior to receiving the copies.

7. STATUS OF PROPOSALS
A. Unless otherwise stated in the Special Instructions or on the Proposal Form, the Proposal submitted
by bidders shall be binding for a period of 60 days from the date the bids are opened. Requests for
Proposals shall be binding for a period of 90 days.
B. Bids may be withdrawn up to the time of the bid opening upon request of the bidder. Such a request
must be in writing and received by the Manager of Central Bidding prior to the time stated for the bid
opening. Timely requests submitted by facsimile or telegram will be honored.
C. Waiver - The District(s) reserves the right to waive any failure to conform to the instructions or
specifications if the waiver: (1) does not involve a mandatory statutory requirement; (2) does not
provide a competitive advantage to one or more bidders; and (3) is in the best interest of the
District(s).
D. Bidders may take exception to the terms and conditions of the instructions and/or specifications.
Exceptions must be submitted prior to the opening of bids. Exceptions that do not conform to State
bid law and/or create inequality in the treatment of bidders will be rejected. The bid of a bidder taking
exception may be rejected if the District(s) rejects the exception.
8. AWARDING OF BIDS
A. The District(s) reserves the right to award the bid to the lowest qualified bidder meeting specifications
by item, in total, or any other method, whichever is deemed by the District(s) to be in its best interest.
B. The District(s) reserves the right to award the bid to 2 or more firms if the advertisement for bids
notifies bidders of the right of the District(s) to make such an award and the criteria for such an award.
C. The District(s) reserves the right to reject any and all bids, in whole or in part, to make partial awards,
to waive any irregularity, to reasonably increase or decrease quantities where estimated quantities are
shown or where definite quantities are shown, and may reject any bid which indicates any omission,
contains alteration of form or additions not requested or imposes conditions, or where the individual
bidder should receive a total award of less than $500.00, or offers alternate items, and make any
award which is deemed to be in the best interest of the District(s).
D. In the event of tie bids, the District(s) will decide which bidder is to be awarded the contract by any
criteria of its choice.
E. The contract shall be awarded by the District(s) and it's Board(s) within 60 days after the opening of
bids. Failure to do so shall be cause for rejection of all bids. Responses to Requests for Proposals
shall be awarded within 90 days after the opening of Proposals. Failure to do so shall be cause for
rejection of all proposals.
9. BID DEPOSIT
All bid deposits are waived for contracts valued at less than $45,000.00. Deposits are required for contracts for
materials or services in excess of $45,000.00 unless the bid specifications state that bid deposits are waived.
All public works contracts in excess of $50,000.00 require a deposit. All bids shall be accompanied with a
deposit of either a good and sufficient bond to the State of Delaware for the benefit of the District involved, with
corporate surety authorized to do business in this State, for a sum equal to 10% of the bid, or in lieu of the bid
bond a security of the bidder assigned to and approved by the District. Bidders are advised that they may
obtain written confirmation from the Data Service Center for the acceptance of a security deposit other than a
bond, prior to the submission of the bid. The bid bond need not be for a specific sum but may be stated to be
for a sum equal to 10% of the bid to which it relates and not to exceed a certain stated sum, if said sum is equal
to at least 10% of the bid. All bidders shall submit a separate bid deposit for each proposal. Where all four (4)
Districts are named in a proposal, a single bid deposit drawn to the order of the Brandywine School District, will
be acceptable. Upon the execution of a formal contract and necessary bonds, the bid deposit will be returned
to the successful bidder. The deposit of the unsuccessful bidders will be returned to them immediately upon
the awarding of the contract, or the rejection of all bids.

10. FORMAL CONTRACT AND/OR PURCHASE ORDER
A. The successful bidder shall execute the formal contract, and also the required bonds, within twenty
(20) days after the award of the contract. In the event any successful bidder refuses or neglects to
execute a formal contract or required bond within (20) days of the awarding of the contract, the bid
deposit of the successful bidder may be taken and become the absolute property of the State for the
benefit of the named District(s), as liquidated damages, and not as a forfeiture or as a penalty, and
shall be deposited with the State Treasurer, and the District(s) will award Contract to the next lowest
bidder or re-advertise for new bids. The District(s) will proceed to collect on the bid deposit. The
District(s) waives all formal contracts on contract awards of less than $5,000.00; the obligations of the
bidder shall be set forth in the bid specifications, these General Instructions, and any special
instructions. No bidder or Vendor is to begin any work until it receives a State of Delaware Purchase
Order signed by two authorized representatives of the District(s), properly processed through the
State of Delaware Accounting Office. The Purchase Order shall serve as the authorization to proceed
with work in accordance with the bid specifications and the special instructions.
B. The formal contract or purchase order shall incorporate by reference these General Instructions, as
well as the Special Instructions and Specifications and the bidder's Proposal.
C. If a bid is submitted to more than one District, each such District awarding the bid shall enter into a
separate contract with the low, qualified bidder.
11. PERFORMANCE AND PAYMENT BONDS
A. Performance and payment bonds are required for materials or non-professional service contracts,
unless reduced or waived as stated in the bid specifications. Contracts for less than $25,000 may
contain a waiver of the bond requirement provided the successful vendor posts with the State an
irrevocable letter of credit or other suitable or readily collectible financial security for the project. Such
letter of credit or other security shall be issued for a term commencing simultaneously with the
execution of the formal contract and terminating no later than 3 years, subsequent to the date of
delivery of such material or non-professional service or to the extent of the warranty period, whichever
is greater. In no event shall such security expire without the express written approval of the State.
When required, the successful bidder shall simultaneously with the execution of the formal contract,
execute a good and sufficient Performance and Labor and Materials bond to the State of Delaware for
the benefit of the District(s), with corporate surety authorized to do business in this State, in a sum
equal to 100 percent of the contract price.
B. Performance and payment bonds are required for public works contracts. The successful bidder shall
simultaneously with the execution the formal contract, execute a good and sufficient Performance and
Labor and Materials Bond to the State of Delaware for the benefit of the District(s) with corporate
surety authorized to do business in this State, in a sum equal to 100 percent of the contract price.
Contracts may contain a waiver of the bond requirement, provided, however, that the successful
bidder post with the contracting Agency an irrevocable letter of credit or other suitable or readily
collectible financial security for the project. Such security shall be subject to the terms and conditions
of the contracting District.
C. The bond when required shall be conditioned upon the faithful compliance and performance by the
successful bidder of each and every term and condition of the contract and the proposal and
specifications at the time, and in the manner prescribed by the contract and specifications including
the payment in full to every person furnishing materials or performing labor in the performance of the
contract, of all sums of money due him for such labor or materials. The bond shall also contain the
successful bidder's guarantee to indemnify and save harmless the State and the District(s) from all
cost, damages, and expenses, including attorneys fees, growing out of or by reason of the successful
bidder's failure to comply and perform the work and complete the contract in accordance with the
contract.
D. The District(s) will, when it considers that the interest of the State so require, cause judgment to be
confessed upon the bond. All sums received through confession of judgment shall be paid to the
State Treasurer for the credit of the District(s).

E. Every person furnishing materials or performing labor under the contract for which the successful
bidder is liable may maintain an action on the bond for the subcontractor's or supplier's own use in the
name of the State, in any court of competent jurisdiction, for the recovery of such sum or sums as
may be due such person from the successful bidder, but if the bond so provides, no suit shall be
commenced after the expiration of one (1) year following the date on which the successful bidder
ceased work on the contract. Otherwise, suits may be commenced at any time within three (3) years
following the date the last work is done on the contract.
F. The performance and payment bond shall include a provision that the Surety shall have the right to
participate in any arbitration proceeding which may involve liability under the bond, and that the
arbitration award in any such arbitration proceeding shall be binding on the Surety.
G. No person or surety, in any action brought under this section, or on the bond required by this section,
shall assert as a defense to such action, the claim that the bond given pursuant to this section
contained a limitation or restriction not provided for by this section.
12. FAILURE TO COMPLY WITH CONTRACT: NEW AWARD: SUPERVISION
If any person entering into a contract under the authority of this chapter neglects or refuses to perform it or fails
to comply with the terms thereof, the District(s) will terminate the contract and proceed to award a new contract
in accordance with the provisions of Chapter 69, Title 29 of the Delaware Code, or may require the surety on
the performance bond to complete the contract in accordance with the terms of the performance bond.
Should a contractor/supplier fail to perform under the conditions of this contract, the District(s) reserves the
right to purchase the item or items on the open market and charge to the contractor/supplier or deduct from any
monies owed the contractor/supplier, the difference between the bid price and the purchase price. However, no
such action will be taken without first notifying the contractor/supplier by certified letter and giving him
reasonable time to reply, but in no event longer than 10 days from the mailing of the certified letter. Failure to
supply items as bid may be cause for removal of a bidder from our vendor bid list.
13. CONTRACT FOR PUBLIC BUILDINGS: LISTING SUBCONTRACTORS: BIDDER AS
SUBCONTRACTOR: SUBSTITUTION OF SUBCONTRACTORS: PENALTIES: SUBCONTRACTING
LIMITATION
Any public works contract, the probable cost of which exceeds $100,000, for the construction, reconstruction,
alteration, or repair of any public building of the State or any agency or governmental unit within the State,
shall, in addition to the other requirements of this chapter by subject to the following provisions.
A. Such contract shall be awarded only to a bidder whose bid is accompanied by a statement containing
for each subcontractor category set forth in the "listing" as provided in 6962(d)(10) of this Chapter,
the name and address (City or Town and State only - Street Number and P.O. Box addresses not
required) of the subcontractor whose services he intends to use in performing the work or in
performing the work and providing the material, for such subcontractor category. No bidder for such a
contract shall list himself in any accompanying statement as the subcontractor of any part of the
public building unless the bidder, in addition to being licensed as a contractor of the State, shall also
be recognized in the industry not only as a prime contractor but also as a subcontractor or contractor
in and for any such part of parts of such work so listed in such accompanying statement.
B. Neither the State nor agency nor governmental unit shall accept any bid for such a contract or award
any such contract to any bidder, as the prime contractor, if the bidder has listed himself as the
subcontractor for any subcontractor category set forth on the "listing" as provided in 6962(d)(10) of
this Chapter, unless it has been established to the satisfaction of the awarding agency that the bidder
has customarily performed the specialty work of such subcontractor category by artisans regularly
employed by the bidder in his organization, that the bidder is duly licensed by the State to engage in
such specialty work, if the State required such licenses and that the bidder is recognized in the
industry as a bona fide subcontractor or contractor in such specialty work and subcontractor category.
Illustrative only (and not intended to be exhaustive) of typical subcontractor categories involving their
own respective types of specialty work, are plumbing, electrical wiring, heating, roofing, insulating,
weather-stripping, masonry, bricklaying, and plastering. The decision of the awarding agency as to
whether a bidder who lists himself as the subcontractor for a subcontractor category set forth in the
"listing" as provided in 6962(d)(10) for such subcontractor category, shall be final and binding upon

all bidders, and no action of any nature shall lie against any awarding agency because of its decision
in this regard.
C. After such a contract has been awarded, the successful bidder shall not substitute another
subcontractor for any subcontractor whose name was set forth in the statement which accompanied
his bid without the written consent of the agency awarding the contract. No agency shall consent to
such substitution unless the agency is satisfied that the subcontractor in question whose name is
listed in the successful bidder's accompanying statement (1) is unqualified to perform the work
required, or (2) has failed to execute a timely reasonable subcontract, or (3) has defaulted in the
performance of the part of the work covered by the subcontract, or (4) is no longer engaged in such
business.
D. Such a contract shall contain a provision for withholding from or requiring the payment by, the
successful bidder of a penalty, the amount to be determined by the agency, for the failure to utilize
any or all the subcontractors set forth in the successful bidder's accompanying statement in the
performance of the work on the public building contemplated by the contract. Any sum so withheld
from or paid by the contractor for any such failure may be remitted or refunded, in whole or in part, by
the agency awarding the contract, but only in the event it is established to the satisfaction of the
agency, that the subcontractor in question has defaulted or is no longer engaged in such business.
No claim for the remission or refund of any penalty shall be granted under this section unless
application therefore is filed within one year after the liability of the successful bidder accrues. If any
such application for refund of any sum paid as a penalty is denied, or if no application for refund is
filed within the period provided herein for filing an application, such sum shall revert to the State.
E. Any contract for a public works project may include a provision that the successful bidder on a
specialty contract perform, at a minimum, a fixed percentage of the work up to 50% of the total
contract bid. Factors to be considered by the awarding agency in setting the required percentage of
amount of work the successful bidder must perform may include the degree of difficulty involved in the
agency's administration of the work covered under the terms of the contract; the degree of specialty
work contemplated in the contract and the time period required in which to complete the public works
project. The terms of the contract shall so specify reasons for the stated percentage in its general
terms and conditions.
14. WAGE PROVISIONS IN PUBLIC CONSTRUCTION CONTRACTS FAILURE TO PAY PREVAILING WAGE
RATES: PENALTY
A. The specifications for every contract or aggregate of contracts relating to a public works project in
excess of $500,000 for new construction (including painting and decorating) or $45,000 for alteration,
repair, renovation, rehabilitation, demolition or reconstruction (including painting and decorating of
buildings or works) to which this State or any subdivision thereof is a party and for which the State
appropriated any part of the funds and which requires or involves the employment of mechanics
and/or laborers shall contain a provision stating the minimum wages to be paid various classes of
laborers and mechanics which shall be based upon the wages that will be determined by the
Delaware Department of Labor, Division of Industrial Affairs, to be prevailing in the county in which the
work is to be performed. The prevailing wage shall be the wage paid to a majority of employees
performing similar work as reported in the Department's annual prevailing wage survey or in the
absence of a majority, the average wage paid to all employees reported.
B. Every contract based upon these specifications shall contain a stipulation that the employer shall pay
all mechanics and laborers employed directly upon the site of the work, unconditionally and not less
often than once a week and without subsequent deduction or rebate on any account, the full amounts
accrued at time of payment, computed at wage rates not less than those stated in the specifications,
regardless of any contractual relationship which may be alleged to exist between the employer and
such laborers and mechanics. The specifications shall further stipulate that the scale of wages to be
paid shall be posted by the employer in a prominent and easily accessible place at the site of the
work, and that there may be withheld from the employer so much of accrued payments as may be
considered necessary by the Department of Labor to pay to laborers and mechanics employed by the
employer the difference between the rates of wages required by the contract to be paid laborers and
mechanics on the work and rates of wages received by such laborers and mechanics to be remitted
to the Department of Labor for distribution upon resolution of any claims.

C. Every contract based upon these specifications shall contain a stipulation that sworn payroll
information, as required by the Department of Labor, be furnished weekly.
Every employer performing work on a public project shall furnish weekly payroll reports to the
Department of Labor on forms provided (upon request) by the Department. Payroll reports shall be
mailed or delivered by the employer to the Department within one week from the last work day
covered by the report. Failure to complete each and every section of the report (including the
requirement that the form be notarized) will constitute a failure to submit sworn payroll information as
required by the Department. Payroll reports shall be mailed to: Delaware Department of Labor,
Prevailing Wage 4425 North Market Street 3rd Floor, Wilmington, DE 19802.
D. The Department of Labor shall investigate all claims that the prevailing wage rates as provided for
under this section are not being or have not been paid. Upon finding that an employer has not paid or
is not paying the prevailing wage rates, the Department of Labor shall notify the employer of the
violations by certified mail and make an effort to obtain compliance. Upon failure to obtain compliance
within 15 days of receipt of said certified mail, the Secretary may terminate all rights of the employer
to proceed with the work under the public construction contract, and the employer shall be
responsible for all damages resulting therefrom.
E. Any employer who knowingly fails or refuses to pay the prevailing wage rates provided for under this
Section, or who fails to submit payroll reports or post notice of the wage rates which apply to the
project shall, for each such violation, be subject to a Civil Penalty of not less than $1,000 nor more
than $5,000 for each violation. No public construction contract in this State shall be bid on, awarded
to, or received by any contractor or subcontractor, or to any person, firm, partnership, or corporation in
which such employer has an interest who, within two years after entry of a judgment pursuant to this
chapter, is adjudicated in violation of this chapter in subsequent proceeding, until three years have
elapsed from the date of the subsequent penalty judgment. A Civil Penalty claim may be filed in any
court of competent jurisdiction.
F. Any laborer or mechanic employed by any employer, or the Department of Labor on behalf of any
laborer or mechanic employed by any employer, who is paid in a sum less than the prevailing wage
rates provided for under this section shall have a right of action against the employer in any court of
competent jurisdiction to recover up to treble the difference between the amount so paid and the
prevailing wage rate. Such action may be brought by the Department of Labor in the name and for
the benefit of the laborer or mechanic with or without an assignment of the claim from the employee,
the Department of Labor shall have the power to settle and adjust any such claim to the same extent
as would the aggrieved employee. It shall not be a defense to such action that the underpayment
was received by the laborer or mechanic without protest. Upon the filing of an action under this
section, the employer shall post suitable bond approved by the court for the damages which may be
recoverable thereunder. Any judgment entered for plaintiff shall include an award for reasonable
attorney's fees and costs of prosecution.
The Department of Labor shall not be required to pay the filing fee or other costs of the action or fees
of any nature to file bond or other security of any nature in connection with such action or with
proceedings supplementary thereto or as a condition precedent to the availability to the Department of
any process in aid of such action or proceedings. The Department shall have the authority to join
various claimants in 1 preferred claim lien and, in case of suit, to join them in 1 cause of action.
G. Any wages collected under this chapter, but not claimed by the employee within 1 year from the date
of collection, shall be retained by the Department of Labor for enforcement purposes.
H. No action to recover wages and damages under this section shall be brought after the expiration of
2 years from the accruing of the cause of action.
I. Whenever any person shall contract with another for the performance of any work which the
contracting person has undertaken to perform, he or she shall become civilly liable to employees
engaged in the performance of work under such contract for the payment of wages, exclusive of
treble damages, as required under this section, whenever and to the extent that the employer of such
employees fails to pay such wages, and the employer of such employees shall be liable to such
person for any wages paid by him under this Section. If pursuant to this Subsection (I) a person
becomes civilly liable to employees of another, such liability shall not constitute a violation of this

Section for purposes of the termination, civil penalty and debarment provisions of Subsections (D)
and (E) of this Section.
J. A contract manager shall be responsible for monitoring compliance with this Section, but shall not
become civilly liable to the same extent as the contracting person. For purposes of this Section,
"contract manager" means any person who performs the function of the contracting person without
becoming a party to the contract of performance, but rather contracts with the recipient of the goods
or services to act as his/her agent. A contract manager who knowingly fails or refuses to monitor
compliance with this Section shall, for each such failure or refusal, be subject to a Civil Penalty of not
less than $100 nor more than $500. A Civil Penalty claim under this subsection may be filed in any
court of competent jurisdiction. A contract manager's liability for a Civil Penalty pursuant to this
Subsection (j) shall not constitute a violation of this section for purposes of the termination, civil
penalty and debarment provisions of Subsection (D) and (E) of this Section.
K. Any employer who discharges or in any manner discriminates against an employee because that
employee has made a complaint or has given information to the Department pursuant to this chapter,
or because that employee has caused to be instituted or is about to cause to be instituted any
proceedings under this chapter, or has testified or is about to testify in any such proceedings, shall be
deemed in violation of this chapter and shall be subject to a civil penalty of not less than $1,000 nor
more than $5,000 for each violation.
15. PREFERENCE FOR DELAWARE LABOR: STIPULATION IN CONTRACT
In the construction of all public works for the State or any political subdivision thereof, or by persons contracting
with the State or any political subdivision thereof, preference in employment of laborers, workmen or
mechanics, shall be given to bona fide legal citizens of the State, who have established citizenship by
residence of at least ninety days in the State. Any person, company or corporation who violates the provisions
of this section shall pay a penalty to the Secretary of Finance equal to the amount of compensation paid to any
person in violation of this section.
16. NON-DISCRIMINATION
In performing this work the successful bidder agrees to the following:
A. The successful bidder will not discriminate against any employee or application for employment
because of race, creed, color, sex, national origin, age or disability. The vendor will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, creed, color, sex, national origin, age or disability. Such action shall
include, but not be limited to, the following: Employment, upgrading, demotion, or transfer;
recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
B. The successful bidder will, in all solicitations or advertisements for employees place by or on behalf of
himself, state that all qualified applicants will receive consideration for employment without regard to
race, creed, color, sex, national origin, age or disability.
17. EQUAL OPPORTUNITY EMPLOYER
The named School District(s) is an equal opportunity employer and does not discriminate or deny services on
the basis of race, color, creed, national origin, sex, disability, or age.
18. INSURANCE - LIABILITY
The successful bidder shall maintain, at its expense, the following insurance:
A. Public Liability and Automobile Liability Insurance
1. The policy is to be provided for both the owner and the contractor.
2. Minimum coverage for bodily injury shall be $500,000 for any one individual and $1,000,000

for any one accident.
3. Minimum coverage for property damage shall be $500,000 for any one accident.
4. Policies shall include completed operations, owners and contractors Protective Liability and
Contractual Liability coverage, including protection against claims arising out of the activities
of subcontractors in the same minimum amounts stated above.
5. If the project involves excavations, deep trenching, or blasting, endorsements to the policy
should be obtained to cover these hazards.
6. Certificates of insurance must be filed with the owner guaranteeing fifteen (15) days notice
prior to cancellation.
B. Builders Risk Policy
1. The builders risk policy shall be an all risk coverage policy.
2. The policy shall be in the name of the owner and prime contractor, jointly, "as their interests
may appear."
3. On new construction or complete additions, the policy will be carried on a completed value
basis.
4. On renovation projects, the policy will be covered by either an installation floater or a
separate policy of sufficient dollar amount to fully cover the cost of the materials stored.
5. If it is your policy to pay for material not stored on the site, either a separate certificate of
insurance must be issued or a rider must be added to the existing builders risk policy. The
amount of coverage must be sufficient to cover all materials stored off the site.
6. Certificates of insurance must be filed with the owner guaranteeing fifteen (15) days notice
prior to cancellation.
C. Worker's Compensation Including Employee's Liability
1. Minimum limit on Employee's Liability to be $100,000 minimum limit for all employees
working at one site.
2. Certificates of insurance must be filed with the owner guaranteeing fifteen (15) days notice
prior to cancellation.
D. Boiler Insurance
1. If a new boiler is started prior to acceptance of the installation by the owner, the contractor
must carry boiler insurance until acceptance by the owner.
2. Minimum coverage for boiler insurance of bodily injury will be $1,000,000. For property
damage the minimum coverage will also be $1,000,000.
3. Certificates of insurance must be filed with the owner guaranteeing fifteen (15) days notice
prior to cancellation.
Contractor recognizes that it is operating as an independent Contractor and that it is liable for any and all losses,
penalties, damages, expenses, attorney's fees, judgments, and/or settlements incurred by reason of injury to or
death of any and all persons, or injury to any and all property, of any nature, arising out of the Contractor's
negligent performance under this Contract, and particularly without limiting the foregoing, caused by, resulting
from, or arising out of any act of omission on the part of the Contractor in their negligent performance under this
Contract.
The Contractor shall maintain such insurance as will protect against claims under Worker's Compensation Act and from