| OCR Text |
Show DELAWARE RIVER BASIN COMPACT 119 (b) Any officer or employee who shall willfully violate any of the provisions of this section shall forfeit his office or employment. (c) Any contract or agreement knowingly made in contravention of this section is void. (d) Officers and employees of the commission shall be subject in addi- tion to the provisions of this section to such criminal and civil sanctions for misconduct in office as may be imposed by federal law and the law of the signatory state in which such misconduct occurs. 14.9 Purchasing. Contract for the construction, reconstruction or improvement of any facility when the expenditure required exceeds ten thousand dollars and contracts for the purchase of services, supplies, equipment and materials when the expenditure required exceeds two thousand five hundred dollars shall be advertised and let upon sealed bids to the lowest responsible bidder. Notice requesting such bids shall be published in a manner reasonably likely to attract prospective bidders, which publication shall be made at least ten days before bids are received and in at least two newspapers of general circulation in the basin. The commission may reject any and all bids and readvertise in its discretion. If after rejecting bids the commission determines and resolves that in its opinion the supplies, equipment and materials may be purchased at a lower price in the open market, the commission may give each responsible bidder an opportunity to negotiate a price and may proceed to purchase the supplies, equipment and materials in the open market at a negotiated price which is lower than the lowest rejected bid of a responsible bidder, without further observance of the provisions requiring bids or notice. The commission shall adopt rules and regulations to- provide for purchasing from the lowest responsible bidder when sealed bids, notice and publication are not required by this section. The commission may suspend and waive the provisions of this section requiring competitive bids whenever: 1) the purchase is to be made from or the contract to be made with the federal or any state government or any agency or polit- ical subdivision thereof or pursuant to any open end bulk pur- chase, contract of any of them; 2) the public exigency requires the immediate delivery of the articles or performance of the service; 3) only one source of supply is available; 4) the equipment to be purchased is of a technical nature and the procurement thereof without advertising is necessary in order to assure standardization of equipment and interchange- ability of parts in the public interest; or 5) services are to be provided of a specialized or professional nature. 14.10 Insurance. The commission may self-insure or purchase insurance and pay the premiums therefor against loss or damage to any of its properties; against liability for injury to persons or prop- erty; and against loss of revenue from any cause whatsoever. Such insurance coverage shall be in such form and amount as the commis- sion may determine, subject to the requirements of any agreement arising out of the issuance of bonds by the commission. 14.11 Annual Independent Audit. (a) As soon as practical after the closing of the fiscal year, an audit shall be made of the financial accounts of the commission. The audit |
