Delaware 2023-2024 Regular Session

Delaware House Bill HB387

Introduced
6/11/24  
Introduced
6/11/24  
Engrossed
6/26/24  
Refer
6/11/24  
Enrolled
6/30/24  
Engrossed
6/26/24  
Enrolled
6/30/24  

Caption

An Act To Amend Title 29 Of The Delaware Code Relating To Disadvantaged Business Enterprises In The State Procurement System.

Impact

The passage of HB 387 is anticipated to have a significant impact on the procurement landscape in Delaware. By establishing criteria that require at least 10% to 30% of involvement from DBEs in contracts valued above $30 million, the bill aims to create opportunities for underrepresented businesses. This aligns with broader state initiatives aimed at fostering economic equity and inclusivity. The statutory changes will also reinforce standards for evaluating bids based on best value, which involves not just cost but also the participation of DBEs in the execution of contracts.

Summary

House Bill 387 is designed to amend Title 29 of the Delaware Code specifically to enhance the involvement of Disadvantaged Business Enterprises (DBEs) in state procurement processes, especially in large public works contracts. This legislation follows a pilot program that was initiated to assess the feasibility of including DBEs in large public projects, thereby ensuring that businesses owned by minorities, women, veterans, and individuals with disabilities can compete fairly for state contracts. The intent of the bill is to promote inclusion and to leverage state spending to support diverse businesses within the community.

Sentiment

The general sentiment around HB 387 appears favorable, especially among advocates for diversity and inclusion within the business sector. Supporters argue that this bill not only aids in leveling the playing field for DBEs but also enriches the local economy by allowing these enterprises to thrive. However, there may be concerns regarding the feasibility of achieving required DBE participation, particularly among larger contractors who may be unused to collaborating with small, disadvantaged firms. Nonetheless, the general perspective remains optimistic about the positive outcomes this bill could yield.

Contention

While there is substantial support for the aims of HB 387, potential points of contention revolve around the accountability mechanisms for ensuring DBE participation and how this will influence bid pricing and contract execution timelines. Skeptics may argue that the focus on DBE involvement could complicate procurement processes or drive up costs for the state if contractors are unable to achieve the required participation levels. The challenge will be to balance the inclusion mandate with the practical realities of public contract management.

Companion Bills

No companion bills found.

Previously Filed As

DE HB428

An Act To Amend Title 29 Of The Delaware Code Relating To State Procurement.

DE SB134

An Act To Amend Title 29 Of The Delaware Code Relating To Reverse Auctions.

DE HB99

An Act To Amend Titles 7 And 29 Of The Delaware Code Relating To Climate Change.

DE AB915

Small and disadvantaged business enterprises.

DE SB286

An Act To Amend Title 29 Of The Delaware Code Relating To The Delaware Hispanic Commission.

DE HB72

An Act To Amend Title 9 Of The Delaware Code Relating To County Bidding Thresholds.

DE SB272

An Act To Amend Titles 18 And 29 Of The Delaware Code Relating To Health Insurance, And Title 31 Of The Delaware Code Relating To Pharmacist Care.

DE SB4

An Act To Amend Title 11, Title 13, And Title 29 Of The Delaware Code Relating To The Criminal Justice System, Including Probation.

DE HB310

An Act To Amend Titles 6, 14, And 29 Of The Delaware Code Relating To The United States Space Force.

DE SB265

An Act To Amend Titles 17, 26, And 29 Of The Delaware Code Relating To The Delaware Energy Solutions Act Of 2024.

Similar Bills

NJ A2146

Creates State business assistance program to establish contracting agency procurement goals for socially and economically disadvantaged business enterprises.

NJ A862

Creates State business assistance program to establish contracting agency procurement goals for socially and economically disadvantaged business enterprises.

NJ S855

Creates State business assistance program to establish contracting agency procurement goals for socially and economically disadvantaged business enterprises.

CA AB915

Small and disadvantaged business enterprises.

NJ A4486

Establishes State contract goal for socially and economically disadvantaged businesses.

CA AB2019

Small business enterprises.

DC PR25-0142

Small and Local Business Development Rulemaking Approval Resolution of 2023