Minimum Standards for Responsible Prospective Contractors

Wilmington City Code ch. 2, art. VI, div. 9, subpt. II

in effect

Wilmington City Code § 2-536 Determination of responsibility of bidders generally.

Sec. 2-536. - Determination of responsibility of bidders generally. No purchase shall be made from, and no contract shall be awarded to, any person unless the head of the department through which the contract is to be awarded first makes an affirmative determination that the prospective contractor is responsible. In determining the responsibility of a prospective contractor, guidance shall be provided by the minimum standards of section 2-537. The recommendation of award of the contract by the department head shall constitute such a determination. (Code 1968, § 20-49(a))

Wilmington City Code § 2-537 Minimum standards.

Sec. 2-537. - Minimum standards. Except as otherwise provided in this subdivision, a responsible contractor shall appear to meet the following qualifications: (1) Have adequate financial resources, or ability to obtain such resources as required during performance of the contract; (2) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing business commitments, commercial as well as governmental; (3) Have a satisfactory record of timely performance of city contracts. Contractors who are seriously deficient in current contract performance, when the number of contracts and the extent of deficiency of each are considered, shall, in the absence of evidence to the contrary or circumstances properly beyond the control of the contractor, be presumed to be unable to meet this requirement. Past unsatisfactory performance due to failure to apply necessary tenacity, or perseverance to do an acceptable job, shall be sufficient to justify a finding of nonresponsibility; (4) Have a satisfactory record of integrity. The following provisions, while not exclusive, shall be sufficient to justify a finding of nonresponsibility: a. Failure to pay taxes and fees due and owing the city; b. A conviction of the contractor or a principal officer thereof for commission of a criminal offense, as incident to obtaining or attempting to obtain a public contract or in the performance of such contract; c. A conviction, of the contractor or principal officer thereof, under state or federal statutes, for embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a city contractor; (5) Have a satisfactory record of performance of contractual provisions. Violation of contract provisions of a character which justify a finding of nonresponsibility include: a. Deliberate failure without good cause to perform in accordance with the specifications provided in the contract; b. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; c. In particular, failure to comply with prevailing wage and related federal, state, and city requirements; provided, however, that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for a finding of nonresponsibility; (6) Have the necessary technical skills or ability to obtain them; (7) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and (8) Have a satisfactory record of having provided in any bid submitted to the city the evidence of good faith efforts to achieve disadvantaged business enterprise participation in the contract through subcontracting as required by the procurement and records division as a condition for a bid to be deemed responsive, in accordance with the provisions of chapter 35, article IV, division of this Code. To that end, and in accordance with this subdivision, the failure to have a satisfactory record of having provided such bids and such evidence of good faith efforts shall subject such contractor to the penalties provided in section 2-539. (Code 1968, § 20-49(b); Ord. No. 92-016, § 1, 3-19-92; Ord. No. 92-053(sub 1), § 1(c), 7-2-92)

Wilmington City Code § 2-538 Special standards.

Sec. 2-538. - Special standards. When a situation warrants, contracting officers shall develop, with the assistance of technical personnel or other specialists, special standards of responsibility to be applicable to a particular procurement or class of procurement. Such special standards may be particularly desirable when a history of unsatisfactory performance has demonstrated the need for insuring the existence of unusual expertise or specialized facilities necessary for adequate contract performance. The resulting standards form a part of the solicitation and shall be applicable to all bidders or offerors. (Code 1968, § 20-49(c))

Wilmington City Code § 2-539 Penalties for intentional failures to provide evidence of good faith efforts.

Sec. 2-539. - Penalties for intentional failures to provide evidence of good faith efforts. (a) In accordance with and in furtherance of chapter 35, article IV, division 3, any person who or which has, through intentional failure in or disregard of the requirements of chapter 35, article IV, division 3 of providing evidence of good faith efforts to achieve disadvantaged business enterprise participation in any contract for which such person has submitted a bid to the city, the equal opportunity contract compliance review board, either by referral from the division of procurement and records, or on its own initiative, or in response to a specific complaint in writing, may, following the conduct of a hearing and the making of written findings of fact and conclusions of law, issue a decision to disqualify any such person from submitting any bid to the city for any contract whatsoever for such period of time in accordance with the following schedule: (1) A number of instances of from one to three within any one-year period: disqualification for not less than one year from the date of the decision. (2) A number of instances of more than three but less than ten within any three-year period; disqualification for not less than two years from the date of the decision. (3) A number of instances of more than ten within any period of from one to five years; disqualification for from three to five full years from the date of the decision as determined by the contract review board. (b) For purposes of this section, the word "intentional" shall mean a deliberate, or conscious, or knowing failure as distinguished from an accidental, inadvertent, unaware or negligent failure to comply with the requirement of providing evidence of good faith efforts as defined and provided in chapter 35, article IV of this Code. (c) In any case that is to be heard by the board and that the office of equal opportunity contract compliance has initiated or investigated, the member of the board from that office shall not participate as a member of the board in the hearing of any such case, but another employee of the department of commerce not of that office may be designated by the director of commerce to act as a member of the board to hear the case. (Code 1968, § 20-49(d); Ord. No. 92-016, § 1, 3-19-92)

Source: City of Wilmington, Delaware, City Code, City Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/de/wilmington/codes/code_of_ordinances?nodeId=PTIIWICO_CH2AD_ARTVIFI_DIV9PRPRRE_SDIIMISTREPRCOFetched: 11/6/2026