OPEN-END - LONG LINE PAVEMENT MARKINGS, STATEWIDE

STATE OF DELAWARE
DEPARTMENT OF TRANSPORTATION
BID PROPOSAL
CONTRACT DOT2615- LONG_LINE
OPEN-END - LONG LINE PAVEMENT MARKINGS, STATEWIDE
Advertisement Date: April 7, 2026
INCLUDED IN THIS DOCUMENT: ADDITIONAL BID PROPOSAL ITEMS:
BID PROPOSAL: ATTACHED OR POSTED DOCUMENTS:
GENERAL DESCRIPTION PROJECT PLANS
PROSPECTIVE BIDDER'S NOTES PROJECT NOTES
GENERAL NOTICES APPROVED PAVEMENT MARKINGS
PREVAILING WAGES QUESTIONS & ANSWERS (if posted)
SPECIAL PROVISIONS
SAMPLE AFFIDAVIT - CRAFT TRAINING PAPER BIDDERS CONTACT DELDOT
QUANTITY SHEET SUMMARY FOR BID SUBMITTAL DOCUMENTS:
DRUG TESTING AFFIDAVIT;
CERTIFICATION FORM;
BID BOND FORM;
CD FOR BID PRICE ENTRY & PRINTING
This Bid Proposal and related documents can be viewed on bids.delaware.gov and, for subscribers bidx.com/de/
Internet Bids for Bidders with Bid Express(R) accounts can be submitted at BIDX.com/de; OR;
Paper Bids with CD will be received in the Bidder's Room at the DelDOT Administration Building, Dover,
DE; ALL BIDS DUE PRIOR TO 2:00 P.M. Local Time, APRIL 28, 2026
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GENERAL DESCRIPTION
A. BIDS DUE: APRIL 28, 2026 PRIOR TO 2:00 P.M. Local Time - unless changed via Addendum.
BIDS MUST BE SUBMITTED VIA:
(a) Internet - Bidders with DelDOT Bid Express(R) accounts can submit bids at bidx.com/de/.
OR:
(b) Paper Bid Delivered To: Delaware Department of Transportation, Administration Building
North Entrance, Bidders Room, 800 Bay Road, Dover, DE 19901
For paper bids, contact DelDOT at dot-ask@delaware.gov or (302) 760-2031 to request a CD for bidding, required
forms, and instructions. Bidders enter their Bid Item prices onto the supplied CD then print the form and deliver
in a sealed envelope; the Bid Form, completed CD, and required documents prior to the Bid due date and time.
(CD's cannot be used to submit bids to bidx.com)
Do not submit both Internet and Paper Bids. If so, the Internet bid and documents will be rejected.
BID OPENING: Bids will be publicly opened and read aloud at the Date and Time of the Bid Opening. The Bid
Opening will be held at the 'Paper Bid Delivered To' address shown above. Bidder bears the risk
of late delivery, bids received after the stated time will be returned unopened.
NEW
Attendance is not required. DelDOT offers a call-in number to hear the Bid Opening telephonically.
The telephone number to call is (302) 504-8986.
When prompted, enter Meeting number (access code): 651 529 280#
It is anticipated the telephone access information will remain the same for all Bid Openings.
B. PRE-BID MEETING: No
C. LOCATION: Statewide. The specific work sites are not listed herein but will be assigned.
D. DESCRIPTION: The improvements consist of furnishing all labor and materials for this contract. This project involves
the repainting of existing reflective pavement markings and a minor amount of placement where the line is completely
worn out or has not previously existed. Follow other incidental construction in accordance with the location, notes and
details shown on the plans, and as directed by the Engineer.
E. COMPLETION TIME: All work on this contract must be complete within 1,095 Calendar Days.
Extensions of contract time due to weather are specified in the Standard Specifications Section 108.7F, weather
days. It is estimated a Notice to Proceed is issued such that work starts on or about June 17, 2026.
F. SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, DELAWARE DEPARTMENT OF
TRANSPORTATION, JANUARY 2025 apply to this Bid Proposal and Project. The Contractor shall make himself
aware of any revisions and corrections and apply them to the applicable item(s) of this contract. The Standard
Specifications can be viewed here. Units of Measure can be found at 101.4.
G. ATTACHMENTS: Included as part of this Bid Proposal are; Project Notes; Approved Pavement Markings; Questions
& Answers (if posted); Addenda (if issued), Referenced Documents, Documents Posted with this Bid Proposal; and Bid
documents mailed to contractors.
H. ADDENDA: All Addenda are posted on the internet at bids.delaware.gov, and bidx.com/de/ and are included as part
of the Bid Proposal. The Bidder is responsible to check the Website as needed to ensure that the Bidder is aware of
Addenda that are included in the Bid Proposal. If Addenda are issued, the final Addendum will be posted no later than
the end of the day two business days prior to the bid date. Each Addendum number and issue date must be entered on
the submitted Certification Form. This original Bid Proposal will not be updated, you must refer to each Addendum.
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I. QUESTIONS: E-MAIL TO; dot-ask@delaware.gov
Questions regarding this project are to be e-mailed to the above address no less than six business days prior to the bid
opening date in order to receive a posted response. Please include the Contract number in the subject line.
Questions and responses are posted at bids.delaware.gov, and bidx.com/de/. The date of the final posted Questions
and Answers document must be entered on the submitted Certification Form.
J. FLAGGERS:
A. Included in the Bid Proposal are the prevailing wages for highway construction as determined by the Department
of Labor of the State of Delaware in accordance with Title 29 Del. C. 6960, relating to wages and the regulations
implementing that Section.
B. Flaggers must be bid at a minimum equal to the Laborer wage rate and may be bid up to, but not to exceed, 3
times the Laborer wage rate in accordance with the County where the Work is being performed.
C. The Department will adjust the bid to the minimum for prices bid below the minimum acceptable bid and to the
maximum for prices bid above the maximum allowable bid prior to award of the Contract.
1. Flagger overtime must be bid at minimum of 1.45 times and may be bid up to a maximum of 4.35 times, the
Laborer wage rate in accordance with the County where the Work is being performed.
2. When a Contract for a Project contains both Federal Davis-Bacon and State of Delaware prevailing wage
standards, the employer's minimum wage obligations are determined by whichever standards are higher.
D. Overtime:
1. Payment for overtime will be considered on a weekly basis for time worked in excess of 40 hours for a
continuous 7-day period beginning Monday and ending Sunday inclusive.
2. Time worked on other Projects or Work activities other than flagging will not be counted in the normal 40
hours or the overtime.
E. The cost of the flagging operation when performed by others who are not the Contractor's employees will not be
included in the 50% subcontracting limit as outlined in Section 108.1.
K. PROSPECTIVE BIDDERS NOTES:
1. CRAFT TRAINING REQUIREMENT (29 Del. C. 6960A)
a) The awarded contractor must include a craft training program for each craft in the project if at the time the contractor
executes the contract, all of the following apply:
1. This project requires prevailing wages.
2. The contractor employs 10 or more total employees.
3. This project is not a federal highway project (except for the US 301 project from the MD-DE state line to SR1).
4. There is an apprenticeship program for a craft in the project on the list provided by the Delaware Department of
Labor.
b) The awarded contractor must commit that all subcontractors provide craft training if the above applies to the
subcontractor.
c) The contractor must satisfy the craft training requirement before the contract is executed. A contractor or subcontractor
may satisfy the craft training requirement by doing any of the following for each craft required:
1. Having at least 1 active apprentice in a craft training program for the craft.
2. Having at least 1 active apprentice who completes a craft training program for the craft within the 6 months before the
date the contract was executed.
3. Being a member of a consortium that provides craft training for the craft and all of the following apply to the craft
training program for the craft:
(a). The consortium requires a regular financial contribution.
(b). The contractor or subcontractor has access to the craft training program.
(c). There is at least 1 active apprentice in the craft training program.
4. Making a payment under paragraph (e) of this section.
d) The craft training program under above paragraphs c)1. and c)2. may be provided by the contractor or subcontractor or
through agreement with another entity.
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The active apprentice under paragraphs c)1. and c)2. does not have to work on
this project.
e) A contractor or subcontractor may satisfy the craft training requirement by making a payment in the amount established
under 204 of Title 19, for the craft into the Apprenticeship and Training Fund of the Department Labor. For each
calendar year, a contractor or subcontractor satisfies the craft training requirement for all contracts executed during that
year when payments made after January 1 equal the following amounts:
1. For employers with 10 through 25 employees, payments that total $10,000.
2. For employers with more than 25 employees, payments that total $20,000.
f) PENALTY: If the successful bidder fails to comply with the Craft Training Requirements:
1. The contractor must pay the amount of the payment required under paragraph e) above to the Apprenticeship and
Training Fund.
2. An amount that does not exceed 10 percent of the payment under paragraph f)1. of this section.
3. A penalty assessed under paragraph f)1. may be fully or partially remitted or refunded by the agency awarding the
contract only if the contractor establishes compliance within 60 days of the notice of the penalty. A claim for remission
or refund of a penalty may only be granted if an application for the remission or refund is filed within 1 year of the
notice of the penalty.
4. Any contractor or subcontractor who fails to provide required craft training under 29 Del. C. 6960A may be subject
to suspension or debarment.
2. BIDDERS MUST BE REGISTERED with DelDOT in order to submit a bid. Registrations are now completed online
through SimpliGov. To complete registration or for more information, click here.
3. SURETY BOND - Each proposal must be accompanied by a deposit of either surety bond or security for a sum equal
to at least 10% of the amount bid.
4. DELAWARE'S CONTRACTOR REGISTRATION ACT - 19 Del.C. 3601 et seq, requires all contractors and
subcontractors to register with the Delaware Department of Labor before performing construction services or
maintenance. Refer to the GENERAL NOTICES section for further information.
5. DRUG TESTING - Regulation 4104; The state Office of Management and Budget has developed regulations that
require Contractors and Subcontractors to implement a program of mandatory drug testing for Employees who work on
Large Public Works Contracts funded all or in part with public funds pursuant to 29 Del.C. 6908(a)(6). Refer to the
full requirements at the following link:
http://regulations.delaware.gov/register/december2017/final/21%20DE%20Reg%20503%2012-01-17.htm
Note a few of the requirements;
* At bid submission - Each bidder must submit with the bid a single signed affidavit certifying that the bidder and
its subcontractors has in place or will implement during the entire term of the contract a Mandatory Drug Testing
Program that complies with the regulation (a blank affidavit form is attached);
* At least two business days prior to contract execution - The awarded Contractor shall provide to DelDOT copies
of the Employee Drug Testing Program for the Contractor, each participating DBE firm, and all other listed
Subcontractors;
* Subcontractors - Contractors that employ Subcontractors on the job site may do so only after submitting a copy
of the Subcontractor's Employee Drug Testing Program along with the standard required subcontractor
information. A Subcontractor shall not commence work until DelDOT has approved the program in writing.
6. PERFORMANCE-BASED RATING SYSTEM - 29 Del.C. 6962 (c)(12)(a) requires DelDOT to include a
performance-based rating system for contractors. The Performance Rating for each Contractor shall be used as a
prequalification to bid at the time of bid. Refer to 'General Notices' for details.
7. NO RETAINAGE will be withheld on this contract unless through the Performance-Based Rating System.
8. EXTERNAL COMPLAINT PROCEDURE can be viewed on DelDOT's Website, Contractor Compliance/EEO -
Delaware Department of Transportation or request a copy by calling (302) 760-2555.
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9. DELAWARE BUSINESS LICENSE; a copy of your firm's Business License must be submitted with your bid.
10. FLATWORK CONCRETE TECHNICIAN CERTIFICATION TRAINING:
Section 501.3, 503.3, 505.3, 610.3, 701.3 and 702.3 of the 2025 Standard Specifications require contractors to provide
an American Concrete Institute (ACI) or National Ready-Mix Concrete Association (NRMCA) certified concrete
flatwork technician to supervise all finishing of flatwork concrete.
11. SIGNAGE LANGUAGE:
In order to maintain effective communication with the traveling public, only place signs, banners, flags, or other displays
within the projects limits that meet the requirements of the latest version of the Delaware Manual on Uniform Traffic
Control Devices. Any signs or other materials which deviate from the MUTCD, must be preapproved by the Engineer.
The only signage and materials which may be displayed upon vehicles and equipment within the Project area are signs
denoting the name of the Contractor and any subcontractors and other signs and/or materials required and approved
pursuant to the MUTCD and the Engineer. Contractor shall immediately remove any signs or materials within the
Project that does not meet these requirements immediately upon notification by the Engineer. Failure to remove signs
or other materials following notification from the Engineer will result in Liquidated Damages being assessed in the
manner and amount specified in the Standard Specifications section 108.9.A.
12. PAVEMENT MARKING MATERIALS - Refer to the Posted 'Approved Pavement Markings' for required marking
material specifications.
13. No utility relocation involvement is anticipated. Should any conflicts be encountered during construction requiring
adjustment and/or relocation of the agencies' existing facilities, the necessary relocation work shall be accomplished
by the respective agencies' forces, as directed by the District Engineer. Any adjustments and/or relocations of
municipally owned facilities shall be done by the State's contractor in accordance with the respective agencies'
standard specifications as directed by the District Engineer.
14. No environmental permits are required for this work provided no jurisdictional wetlands or waters are impacted. If
there is any question as to whether or not a water or wetland is jurisdictional, contact the DelDOT Environmental
Section at 302-760-2264.
15. It is anticipated that all work will occur within DelDOT's existing right of way or easement areas. Should the need
occur to trespass onto private property; it will be the responsibility of the Project manager to secure such trespass
needs.
16. It is anticipated that all work will occur within DelDOT's right of way. Should the need occur to trespass onto railroad
property, including the highway-rail crossing; it will be the responsibility of the Project Manager to contact the
railroad Chief Engineer and obtain written authorization before entering.
17. The project manager shall be responsible for coordinating with the Traffic Section relating to any impacts to Traffic
Section facilities (including but not limited to traffic loops, junction wells etc.) at least 4 weeks in advance of the start
of the activity. Prior to initiating any work on this contract (or sites), the Project Manager shall be responsible for
preparing and submitting for approval of the Safety Section, a Maintenance of Traffic Plan. Sufficient time shall be
provided for the review and approval of the plan. The Maintenance of Traffic Plan shall include proposed time
restrictions on the closure of travel lanes subject to the approval of the Safety Section.
18. The Project Manager is responsible for ensuring any required documents and analysis as part of the adopted Work
Zone Safety and Mobility Procedures and Guidelines has been completed prior to any work starting on this contract.
19. The Department intends to award multiple contracts as a result of this Request for Proposals (RFP).
The Department reserves the right to reject any or all bids in whole or in part, to make multiple awards, partial
awards, award by types, item by item, or lump sum total, whichever may be most advantageous to the State of
Delaware, pursuant to 29 Del. C. 6926.
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GENERAL NOTICES
CONTRACTOR REGISTRATION ACT
On July 1, 2021, the Contractor Registration Act, as codified in 19 Del.C. 3601 et seq, took effect. This law requires all
contractors to register with the Delaware Department of Labor before performing construction services or maintenance. The
Contractor Registration Act applies to all contractors that engage in construction and maintenance within the State of
Delaware. Additionally, it requires contractors to have Delaware workers' compensation insurance where required,
compliance with labor laws, and proof of a state business license. The Delaware Department of Labor's Office of Contractor
Registration is responsible for enforcement of the requirements of the Contractor Registration Act. If you have any questions
about the contractor registration process, please call 302-430-7739 or email Contract.Registry@delaware.gov. Registration
at https://onestop.delaware.gov/.
SPECIFICATIONS :
The Delaware specifications entitled "Standard Specifications for Road and Bridge Construction January, 2025",
hereinafter referred to as the Standard Specifications; and Revisions to the Standard Specifications effective as of the
advertisement date of this Bid Proposal and hereby included by reference; the Special Provisions; Notes on the Plans; this
Bid Proposal including referenced documents; any Addenda thereto; and any posted Questions and Answers; shall govern
the work to be performed under this contract. The Contractor shall make itself aware of these specifications, revisions and
corrections, and apply them to the applicable item(s) of this contract.
CLARIFICATIONS :
Under any Section or Item included in the Contract, the Contractor shall be aware that when requirements, responsibilities,
and furnishing of materials are outlined in the details and notes on the Plans and in the paragraphs preceding the " Basis of
Payment" paragraph in the Standard Specifications or Special Provisions, no interpretation shall be made that such
stipulations are excluded because reiteration is not made in the "Basis of Payment" paragraph.
The Department requires the use of various electronic applications for various documentation processes.
These processes will be identified, and the Contractor's required use will be detailed during the Preconstruction Meeting.
No additional payments will be made to the contractor to use or interface with the applications.
ATTESTING TO NON-COLLUSION :
The Department requires as a condition precedent to acceptance of bids a sworn statement executed by, or on behalf of, the
person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm,
association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion,
or otherwise taken any action in restraint of free competitive bidding in connection with such contract. The form for this
sworn statement is included in the proposal and must be properly executed in order to have the bid considered.
QUANTITIES :
The quantities shown are for comparison of bids only. The Department may increase or decrease any quantity or quantities
without penalty or change in the bid price.
PERFORMANCE-BASED RATING SYSTEM
29 Del.C. 6962 (c)(12)(a) requires a Department of Transportation project, excluding a Community Transportation Fund
or municipal street aid contract, to include a performance-based rating system. At the time of bid, the Performance Rating
for each Contractor shall be used as a prequalification to bid.
Bidders with Performance Rating scores equal to or greater than 85% shall be permitted to bid. Bidders with scores of less
than 85% who comply with the retainage requirements of 29 Del.C. 6962 shall be permitted to bid provided the Agreement
to Accept Retainage (located on the Certification Page) is executed and submitted with the bid. Lack of an executed
Agreement to Accept Retainage will result in the rejection of the bid by the Department.
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Successful bidders awarded Department contracts who have no performance history within the last five (5) years will be
assigned a provisional Performance Rating of 85% at the date of advertisement.
Notification of Performance Rating. The Department shall post publicly the Performance Rating for all Contractors on the
Department's website. DelDOT will complete performance-based evaluations on the construction company contracted by
the Department to build the project (the "Contractor"). Provisions to appeal Performance Ratings are described in the
regulations. The regulations are set forth in Section 2408 of Title 2, Delaware Administrative Code, found here.
PREFERENCE FOR DELAWARE LABOR:
Delaware Code, Title 29, Chapter 69, Section 6962, Paragraph (d), Subsection (4)b: "In the construction of all public works
for the State or any political subdivision thereof, or by firms 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 90 days in the State. Each public works contract for the construction
of public works for the State or any political subdivision thereof shall contain a stipulation that any person, company or
corporation who violates 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."
EQUALITY OF EMPLOYMENT OPPORTUNITY ON PUBLIC WORKS :
Delaware Code, Title 29, Chapter 69, Section 6962, Paragraph (d), Subsection (7) states;
a. As a condition of the awarding of any contract for public works financed in whole or in part by State appropriation,
such contracts shall include the following provisions:
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment because of race, creed,
color, sex, sexual orientation, gender identity or national origin. The contractor will take positive steps to ensure
that applicants are employed and that employees are treated during employment without regard to their race,
creed, color, sex, sexual orientation, gender identity or national origin. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places available to employees and applicants for employment notices to
be provided by the contracting agency setting forth this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, creed, color,
sex, sexual orientation, gender identity or national origin.
3. The contractor will ensure employees receive equal pay for equal work, without regard to sex. Employee pay
differential is acceptable if pursuant to a seniority system, a merit system, a system which measures earnings by
quantity or quality of production, or if the differential is based on any other factor other than sex.
TAX CLEARANCE :
As payments to each vendor or contractor aggregate $2,000, the Division of Accounting will report such vendor or contractor
to the Division of Revenue, who will then check the vendor or contractor's compliance with tax requirements and take such
further action as may be necessary to ensure compliance.
LICENSE :
A person desiring to engage in business in this State as a contractor shall obtain a license upon making application to the
Division of Revenue.
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CONTRACTOR / SUBCONTRACTOR LICENSE: 29 DEL. C. 6967:
(b) No agency shall accept a proposal for a public works contract unless such contractor has provided a proper and current
copy of its occupational and/or business license, as required by Title 30, to such agency.
(c) Any contractor that enters a public works contract must provide to the agency to which it is contracting, within 30
days of entering such public works contract, copies of all occupational and business licenses of subcontractors and/or
independent contractors that will perform work for such public works contract. However, if a subcontractor or
independent contractor is hired or contracted more than 20 days after the contractor entered the public works contract
the occupational or business license of such subcontractor or independent contractor shall be provided to the agency
within 10 days of being contracted or hired.
DIFFERING SITE CONDITIONS:
SUSPENSIONS OF WORK and SIGNIFICANT CHANGES IN THE CHARACTER OF WORK:
Differing site conditions: During the progress of the work, if subsurface or latent physical conditions are encountered at the
site differing materially from those indicated in the contract of if unknown physical conditions of an unusual nature, differing
materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract
are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the
specific differing conditions before they are disturbed and before the affected work is performed.
Upon written notification, the engineer will investigate the conditions, and if he/she determines that the conditions materially
differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an
adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The
engineer will notify the contractor of his/her determination whether or not an adjustment of the contract is warranted.
No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the
required written notice. No contract adjustment will be allowed under their clause for any effects caused on unchanged
work.
Suspensions of work ordered by the engineer: If the performance of all or any portion of the work is suspended or delayed
by the engineer in writing for an unreasonable period of time (not originally anticipated, customary or inherent to the
construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of
such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar
days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.
Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required
for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions
beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused
by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The
engineer will notify the contractor of his/her determination whether or not an adjustment of the contract is warranted.
No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time
prescribed. No contract adjustment will be allowed under this clause to the extent that performance would have been
suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other term or
condition of this contract.
Significant changes in the character of work: The engineer reserves the right to make, in writing, at any time during the
work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project.
Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees
to perform the work as altered.
If the alterations or changes in quantities significantly change the character of the work under the contract, whether or not
changed by any such different quantities or alterations, an adjustment, excluding loss of anticipated profits, will be made to
the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work.
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If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the
engineer may determine to be fair and equitable.
The term "significant change" shall be construed to apply only to the following circumstances:
(A) When the character of the work as altered differs materially in kind or nature from that involved or included in the
original proposed construction, or
(B) When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased
below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to
that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent,
to the actual amount of work performed.
RIGHT TO AUDIT
The Department shall have the right to audit the books and records of the contractor or any subcontractor under this contract
or subcontract to the extent that the books and records relate to the performance of the contract or subcontract. The books
and records shall be maintained by the contractor for a period of 3 years from the date of final payment under the prime
contract and by the subcontractor for a period of 3 years from the date of final payment under the subcontract (29 Del.C. 6930)
PREVAILING WAGES
Included in this proposal are the minimum wages to be paid various classes of laborers and mechanics as determined by the
Department of Labor of the State of Delaware in accordance with Title 29 Del.C. 6960, relating to wages and the
regulations implementing that Section.
REQUIREMENT BY DELAWARE DEPARTMENT OF LABOR FOR SWORN PAYROLL INFORMATION
Title 29 Del.C. 6960 stipulates;
(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 [Delaware] Department of Labor, be furnished weekly. The Department of Labor shall keep and
maintain the sworn payroll information for a period of 6 months from the last day of the work week covered by the payroll.
Bidders are specifically directed to note the Department of Labor's prevailing wage regulations implementing 6960 relating
to the effective date of the wage rates, at Part VI., Section C., which in relevant part states:
"Public agencies (covered by the provisions of 29 Del.C. 6960) are required to use the rates which are in effect on the
date of the publication of specifications for a given project. In the event that a contract is not executed within one hundred
twenty (120) days from the date the specifications were published, the rates in effect at the time of the execution of the
contract shall be the applicable rates for the project."
Contractors with questions may contact:
Department of Labor, Division of Industrial Affairs,
4425 N. Market Street, Wilmington, DE 19802
Telephone (302) 761-8200
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