DEPARTMENT OF ADMINISTRATIVE SERVICES
Division of Facilities Management
ORDER ADOPTING RULES AND REGULATIONS
Annual Prequalifications of Contractors and Subcontractors, Regulations for
AND NOW, this SEVENTH day of APRIL, 2003, in accordance with 29 Del. C. § 6962(C) and for the reasons stated hereinafter, the Department of Administrative Services (hereinafter the “Department”) enters this Order adopting regulations pertaining to the Annual Prequalification of Contractors and Subcontractors.
I. Nature of the Proceedings
Pursuant to the Department’s authority under 29 Del. C. § 6962(c) and Subchapter II of Chapter 101 of Title 29 of the Delaware Code, the Department proposed to enact regulations to implement the annual prequalification of contractors and subcontractors. Notice of the public hearing to consider the proposed regulations for the annual prequalification of contractors and subcontractors was published in the Delaware Register of Regulations and two Delaware newspapers of general circulation, in accordance with 29 Del.C. § 10115 (Exhibit A). The text of the proposed amendment is attached as Exhibit B. The public hearing was held on March 25, 2003 at 10:00 a.m. in Dover, Delaware, as duly noticed, and members of the Department were present. Since no comments concerning the proposed regulations were received prior to the public hearing, and no comments were made during the meeting, the Department adopted the proposed regulations for the annual prequalification of contractors and subcontractors as proposed. This is the Department’s Decision and Order ADOPTING the Regulations as proposed.
II. Evidence and Information Submitted
The Department received no written comments in response to the notice of intention to adopt the proposed regulations for the annual prequalification of contractors and subcontractors. At the March 25, 2003 hearing, the Committee received no oral comments.
III. Findings of Fact and Conclusions
The public was given notice of the proposed regulations for the annual prequalification of contractors and subcontractors and offered an adequate opportunity to provide the Department with comments.
The proposed regulations for the annual prequalification of contractors and subcontractors is required pursuant to with 29 Del. C. § 6962(C).
The Department concludes that it has statutory authority to promulgate rules and regulations for the annual prequalification of contractors and subcontractors pursuant to 29 Del. C. § 6962(C).
For the foregoing reasons, the Department concludes that it is necessary to adopt the proposed amendment to its Rules and Regulations.
IV. Decision and Order to Adopt Amendments
NOW, THEREFORE, by the decision of the Department, IT IS ORDERED, that the proposed regulations for the annual prequalification of contractors and subcontractors is approved and adopted in the exact text as set forth in Exhibit B attached hereto. The effective date of this Order is ten (10) days from the date of its publication in the Delaware Register of Regulations pursuant to 29 Del. C. § 10118(g).
BY ORDER OF THE DEPARTMENT OF ADMINISTRATIVE SERVICES
Gloria Wernicki Homer, Secretary
*Please note that no changes were made to the regulation as originally proposed and published in the March 2003 issue of the Register at page 998 (6 DE Reg. 998). Therefore, the final regulation is not being republished. Please refer to the March 2003 issue of the Register or contact the Division of Professional Regulation.