Delaware
Delaware's cooperative purchasing authority under 29 Del. C. §6933 is explicitly scoped to 'materiel or nonprofessional services' — construction is not named in the cooperative purchasing authority. Public works construction is governed by an entirely separate subchapter of Chapter 69 (Subchapter IV — Public Works Contracting) with distinct procedural requirements. Director written approval is required for any cooperative purchasing agreement.
State Procurement — Authorization for Cooperative Purchasing; Public Works Contracting 29 Del. C. §6933 and Subchapter IV (Public Works Contracting)
"The Section may, with written approval of the Director, participate in, sponsor, conduct or administer a cooperative or joint purchasing agreement for the procurement of materiel or nonprofessional services with 1 or more public procurement units either within the State or within another state in accordance with an agreement entered into between the participants."
— 29 Del. C. §6933 and Subchapter IV (Public Works Contracting), State Procurement — Authorization for Cooperative Purchasing; Public Works Contracting
Plain-language summary
Delaware's procurement framework presents one of the most structurally explicit separations in the country between supplies/services and construction. Title 29, Chapter 69 (State Procurement) is organized into seven subchapters: Subchapter I (General Provisions), Subchapter II (Central Contracting), Subchapter III (Materiel and Nonprofessional Services), Subchapter IV (Public Works Contracting), Subchapter V (The Energy Performance Contracting Act), Subchapter VI (Professional Services), and Subchapter VII. The cooperative purchasing authority sits in Subchapter III: 29 Del. C. §6933 authorizes Government Support Services (the 'Section' within the Office of Management and Budget) to participate in cooperative purchasing agreements for 'materiel or nonprofessional services' with public procurement units within Delaware or in another state. Director written approval is required, and the Section may grant temporary approval to other agencies. Subchapter VI provides parallel authority at 29 Del. C. §6987 for cooperative procurement of professional services — and notably, such agreements 'may include materiel and/or nonprofessional services with professional services.' Construction is structurally and explicitly separate: Subchapter IV (Public Works Contracting) governs construction with its own distinct procedural framework. Delaware has historically utilized national cooperatives like the National Joint Powers Alliance (NJPA, now Sourcewell) for 'heavy construction equipment with related accessories, supplies, and services' — but these arrangements have been for equipment procurement under the materiel scope rather than for construction services per se. Delaware's prevailing wage law applies broadly: when collective bargaining rates do not apply, the prevailing wage shall be the highest rate of the prior 4 years.
Key requirements
- →29 Del. C. §6933 cooperative purchasing scope is 'materiel or nonprofessional services' — construction is NOT named.
- →Written approval of the Director is required for any cooperative purchasing agreement.
- →Cooperative purchasing may be with public procurement units within Delaware or in another state.
- →29 Del. C. §6987: cooperative procurement of professional services authority — may include materiel and/or nonprofessional services with professional services.
- →Public works construction is governed by SEPARATE Subchapter IV of Chapter 69 — distinct procedural framework.
- →Delaware Government Support Services may participate in cooperative procurement that meets §6933 and §6987 requirements, allowing local units of government access while restricting state agency participation.
- →Delaware's Contracting and Purchasing Advisory Council establishes threshold amounts for various procurement procedures.
- →Section 6907: emergency procedures and critical need authority — agency head may waive provisions for emergencies.
- →Delaware Prevailing Wage Law applies to public works projects — when collective bargaining rates do not apply, prevailing wage is the highest rate of the prior 4 consecutive years.
- →Delaware has historically utilized national cooperatives like NJPA (Sourcewell) for heavy construction EQUIPMENT under the materiel scope — equipment procurement is distinguishable from construction services.
Construction services
Delaware presents one of the most structurally explicit separations between cooperative purchasing and construction procurement in the country. Chapter 69 of Title 29 (State Procurement) is deliberately organized into separate subchapters, with cooperative purchasing authority (Subchapter III, §6933) scoped to 'materiel or nonprofessional services' and a SEPARATE Subchapter IV titled 'Public Works Contracting' governing construction. This structural separation is unambiguous — construction is not within the cooperative purchasing authority. Delaware has historical practice using national cooperatives like NJPA (now Sourcewell) for heavy construction equipment procurement, but this is procurement of equipment (within the materiel scope) rather than construction services themselves. National cooperative purchasing arrangements (OMNIA Partners, Region 14 ESC Texas) face structural friction in Delaware for construction work: §6933 is statutorily scoped to materiel and nonprofessional services, and public works construction must follow Subchapter IV's separate procedural framework. Delaware public agencies considering cooperative construction procurement should engage counsel early to evaluate whether the specific use case is workable (e.g., equipment procurement may be feasible under the materiel scope) and expect that traditional construction work will need to follow Delaware's Subchapter IV public works procurement requirements including prevailing wage compliance.
How Delaware agencies access our contracts.
LNC holds multiple cooperative purchasing contracts through OMNIA Partners and Region 14 ESC Texas, all of which are available to public agencies in Delaware under 29 Del. C. §6933 and Subchapter IV (Public Works Contracting).
Your agency can use our contracts to procure construction services through certified Affiliate Vendors. Every Affiliate proposal is audited and certified by LNC before reaching you.
Talk to LNC About Your Project →This summary is provided for general informational purposes only and is not legal advice. Delaware's procurement code may have been amended since this content was prepared. Confirm the current text of 29 Del. C. §6933 and Subchapter IV (Public Works Contracting) and consult your jurisdiction's legal counsel before relying on this authority for a specific procurement.