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1979 Delaware Attorney General Reports and Opinions 1 (1979)

handle is hein.sag/sagde0015 and id is 1 raw text is: SIATE OF DIlTAWAHE l)tA RIt %1 OF JI I1( I SiIAt OtF l I 1it 'IuSe1.<,r,,iI,,, 820 N. 1 RICII SiRa 8TH HiIoR titisttN.msN,1I)ttAwAs 19811 July 23, 1979 OPINION TO: Ilonorable Weston E. Nollius, Secretary Department of Finance OPINION BY: William E. Kirk, III Deputy Attorney General OPINION NO: 79- F006 QUESTION: May a state agency engage for compensation the services of another agency's employee without public notice and competitive bidding? \NSWER: No. Except in cases where an employee of one agney also becomes the employee of another agency, a state agency may not engage the services of another agency's employee on an independant contractor basis without puhlic notice and competitive bidding. You have asked our opinion on the oircumstances inder which a state agency may engage for compensation the services of antther agency's em- ployee. Twenty-nine Del. C. S5854(d) provides that: No employee shall knowingly by himself or by his partners or through any business in the pecuniary p ofits of which he has more than t 10 percent interest, or by any Aher person for his use or benefit, or on his acount, undertake or execute, in whole or in part, any contract, agreement, sale or purchase of the value of $25 or more, made entered into, awarded or granted by tiny state agency, unless such contrnct, agreement, purchase or sale was made or let after public notice and competitive bidding. Document No. 15-01-79-07-01

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