title-148•Title 148 W. Va. C.S.R.
Administration Administration
Series 01 Purchasing
W. Va. Code R. § 148-1-1 General
1.1. Scope. -- This Legislative Rule is an explanation and clarification of operative procedures for the purchase of commodities, services or printing by the Purchasing Division of the Department of Administration.
1.2. Authority. – W. Va. Code, §§ 5A-3-4, 5A-3-10d, 5A-3-10e.
1.3. Filing Date. – April 14, 2023
1.4. Effective Date. – July 1, 2023
1.5. Sunset provision. – This rule shall terminate and have no further force or effect on August 1, 2030.
W. Va. Code R. § 148-1-2 Definitions As used in this rule, all terms have the same meaning as provided in W. Va. Code § 5A-1-1 and 5A-3-1 et seq., and as follows:
2.1. “Best Value Procurement” means a purchasing method used in awarding a contract based on evaluating and comparing all established quality criteria where cost is not the sole determining factor in the award.
2.2. “Bid” or “Bids” means anything that a vendor submits in response to a solicitation that constitutes an offer to the State and includes, but is not limited to, documents submitted in response to a request for quotation, proposals submitted in response to a request for proposal, or proposals submitted in response to an expression of interest.
2.3. “Director” means the Director of the Purchasing Division of the Department of Administration or anyone that the Director has designated to perform a specific task or function.
2.4. “F.O.B. destination” and “free on-board destination” mean the seller or vendor must transport or pay for the transportation of commodities, services or printing to the point of destination specified in the contract.
2.5. “Non-Responsible” means not having the capability to fully perform the contract requirements and lacking the integrity and reliability which will assure good-faith performance.
2.6. “Prequalification” means the process by which the Purchasing Division advertises the opportunity to participate in a reverse auction, a vendor submits documentation for evaluation in response to the advertisement, and the Purchasing Division evaluates that documentation to determine if the vendor is qualified to participate in the reverse auction. This process will be conducted in the same manner as a request for quotation, except that no cost information related to the commodity will be included in the evaluation.
2.7. “Requisition” means a written or electronic request sent by an agency to the Purchasing Division for the purchase of commodities and services.
2.8. “Secretary” means the head of a department, as appointed by the Governor, as defined in W. Va. Code § 5F-1-2.
2.9. “Working Days” means Monday through Friday, but excludes Saturday, Sunday, state holidays and days that government offices are closed due to declaration of an emergency.
W. Va. Code R. § 148-1-3 Applicability
3.1. This legislative rule applies to all spending units of State government except those statutorily exempted. Exempted spending units are required to follow these rules if they have not established their own rules pursuant to W. Va. Code § 5A-1-12.
3.2. All purchases must be approved by the secretary or head of the spending unit, or a designee, whose name must be filed with the Director. The person(s) named must take at least 10 hours annually of available training offered by the Purchasing Division and have responsibility for the function of purchasing within the spending unit. Each spending unit must process all purchases through this person(s), who shall be responsible for correspondence and communication with the Purchasing Division.
W. Va. Code R. § 148-1-4 Authority of Director; Buyer Qualifications
The Director shall:
4.1. Ensure that purchases and contracts for commodities, services or printing are based on competitive bid, unless it is determined that the purchase qualifies for another procurement method authorized by Chapter 5A, Article 3 of the West Virginia Code and that procurement method is determined to be in the best interest of the spending unit and the State. The Director may allow a direct purchase without competitive bidding as follows:
4.1.1. A direct award procurement described in W. Va. Code § 5A-3-10c and Section 7.5 of these Rules;
4.1.2. An emergency procurement described in W. Va. Code § 5A-3-15 and Section 7.6.1 of these rules;
4.1.3. A purchase that falls below the agency’s established no bid threshold described in W. Va. Code § 5A-3-11 and Section 7.2.1 of these rules;
4.1.4. If the State conducts a request for quotation for a commodity or service, and all responsive bids received are higher than a publicly posted price for that same commodity or service, the State may cancel the solicitation and procure that commodity or service directly from the source of the publicly posted lower price, but may only pay the publicly posted lower price or less. A publicly posted price in this context means pricing posted on a publicly accessible website, in a vendor catalogue, or some other advertising media, and expressly excludes verbal or unpublished pricing, or any pricing sourced directly from vendors after bids have opened.
4.2. Exempt transactions from the requirements of Chapter 5A, Article 3, by establishing a list of commodities or services that are not possible to submit for competitive bid. The Director shall make the list available for public review. Spending units may purchase the commodities and services on the list directly from the vendor and are not required to have contracts for purchase of those items approved by the Purchasing Division. A spending unit’s request to add commodities or services to the list must be accompanied by written justification and an explanation of why competitive bids are not possible. Nothing in this section supersedes or replaces the Attorney General’s authority to approve contracts as to form.
4.3. Purchase or contract for, in the name of the State, the commodities, services or printing required by the spending units of State government;
4.4. Prescribe the manner in which commodities, services or printing shall be purchased, delivered, stored, and distributed;
4.5. Review specifications and descriptions before soliciting bids to ensure that specifications and descriptions do not favor a particular brand or vendor;
4.6. Accept or reject any and all bids in whole or in part;
4.7. Waive minor irregularities in bids or specifications when the Director determines such action to be appropriate;
4.8. Apply and enforce standard specifications;
4.9. Sell surplus, obsolete, or unused commodities, services or printing or transfer the same to or between spending units;
4.10. Prescribe the amount of deposit or bond to be submitted;
4.11. Prescribe in each contract provisions for liquidated damages, remedies or other damage provisions in the event of vendor default;
4.12. Employ a person whose responsibilities, in addition to other duties, are to identify commodities, services or printing available for purchase from nonprofit sheltered workshops; evaluate the needs for the commodities, services or printing; coordinate workshops in their production efforts; and provide information to workshops about available opportunities within State government for the purchase of commodities, services or printing.
4.13. Prescribe the manner of inspection for all deliveries of commodities, services or printing to assure compliance with specifications;
4.14. Appoint inspectors to review and audit spending unit requests and purchases and other transactions and performance that fall under the authority of the Purchasing Division. Inspectors may also provide relevant training for agency personnel and shall have access at all times to personnel, records, reports, and other documents as needed.
4.15. Buyer Additional Qualifications. The Purchasing Division may require additional qualifications that are more stringent than those found in statute for any of the buying positions provided that those requirements are implemented uniformly to each job title.
W. Va. Code R. § 148-1-5 Remedies
5.1. The Director may require that the spending unit attempt to resolve any issues that it may have with the vendor prior to pursuing a remedy contained herein. The spending unit must document any resolution efforts and provide copies of those documents to the Purchasing Division.
5.2. Contract Cancellation.
5.2.1. Cancellation. The Director may cancel a purchase or contract immediately under any one of the following conditions including, but not limited to:
5.2.1.a. The vendor agrees to the cancellation;
5.2.1.b. The vendor has obtained the contract by fraud, collusion, conspiracy, or is in conflict with any statutory or constitutional provision of the State of West Virginia;
5.2.1.c. Failure to honor any contractual term or condition or to honor standard commercial practices;
5.2.1.d. The existence of an organizational conflict of interest is identified;
5.2.1.e. Funds are not appropriated or an appropriation is discontinued by the legislature for the acquisition.;
5.2.1.f. Violation of any federal, state, or local law, regulation, or ordinance, and
5.2.1.g. The contract was awarded in error.
5.2.2. The Director may cancel a purchase or contract for any reason or no reason, upon providing the vendor with 30 days’ notice of the cancellation.
5.2.3. Opportunity to Cure. In the event that a vendor fails to honor any contractual term or condition, or violates any provision of federal, state, or local law, regulation, or ordinance, the Director may request that the vendor remedy the contract breach or legal violation within a time frame the Director determines to be appropriate. If the vendor fails to remedy the contract breach or legal violation or the Director determines, at his or her sole discretion, that such a request is unlikely to yield a satisfactory result, then he or she may cancel immediately without providing the vendor an opportunity to perform a remedy.
5.2.4. Re-Award. The Director may award the cancelled contract to the next lowest responsible bidder (or next highest scoring bidder if best value procurement) without a subsequent solicitation if the following conditions are met:
5.2.4.a. The next lowest responsible bidder (or next highest scoring bidder if best value procurement) is able to perform at the price contained in its original bid submission, and
5.2.4.b. The contract is an open-end contract, a one-time purchase contract, or a contract for work which has not yet commenced.
Award to the next lowest responsible bidder (or next highest scoring bidder if best value procurement) will not be an option if the vendor’s failure has in any way increased or significantly changed the scope of the original contract. The vendor failing to honor contractual and legal obligations is responsible for any increase in cost the state incurs as a result of the re-award.
5.3. Non-Responsible. If the Director believes that a vendor may be non-responsible, the Director may request that a vendor or spending unit provide evidence that the vendor either does or does not have the capability to fully perform the contract requirements, and the integrity and reliability necessary to assure good faith performance. If the Director determines that the vendor is non-responsible, the Director shall reject that vendor’s bid and shall not award the contract to that vendor. A determination of non-responsibility must be evaluated on a case-by-case basis and can only be made after the vendor in question has submitted a bid. A determination of non-responsibility will only extend to the contract for which the vendor has submitted a bid and does not operate as a bar against submitting future bids.
5.4. Suspension.
5.4.1. The Director may suspend, for a period not to exceed 1 year, the right of a vendor to bid on procurements issued by the Purchasing Division or any state spending unit under its authority if:
5.4.1.a. The vendor has submitted a bid and then requested that its bid be withdrawn after bids have been publicly opened.
5.4.1.b. The vendor has exhibited poor performance in fulfilling his or her contractual obligations to the State. Poor performance includes, but is not limited to any of the following: violations of law, regulation, or ordinance; failure to deliver timely; failure to deliver quantities ordered; poor performance reports; or failure to deliver commodities, services, or printing at the quality level required by the contract.
5.4.1.c. The vendor has breached a contract issued by the Purchasing Division or any state spending unit under its authority and refuses to remedy that breach.
5.4.1.d. The vendor’s actions have given rise to one or more of the grounds for debarment listed in W. Va. Code §5A-3-33d.
5.4.2. Vendor suspension for the reasons listed in section 5.4 above shall occur as follows:
5.4.2.a. Upon a determination by the Director that a suspension is warranted, the Director will serve a notice of suspension to the vendor.
5.4.2.b. A notice of suspension must inform the vendor:
5.4.2.b.1. Of the grounds for the suspension;
5.4.2.b.2. Of the duration of the suspension;
5.4.2.b.3. Of the right to request a hearing contesting the suspension;
5.4.2.b.4. That a request for a hearing must be served on the Director no later than 5 working days of the vendor’s receipt of the notice of suspension;
5.4.2.b.5. That the vendor’s failure to request a hearing no later than 5 working days of the receipt of the notice of suspension will be deemed a waiver of the right to a hearing and result in the automatic enforcement of the suspension without further notice or an opportunity to respond; and
5.4.2.b.6. That a request for a hearing must include an explanation of why the vendor believes the Director’s asserted grounds for suspension do not apply and why the vendor should not be suspended.
5.4.2.c. A vendor’s failure to serve a request for hearing on the Director no later than 5 working days of the vendor’s receipt of the notice of suspension will be deemed a waiver of the right to a hearing and may result in the automatic enforcement of the suspension without further notice or an opportunity to respond.
5.4.2.d. A vendor who files a timely request for hearing but nevertheless fails to provide an explanation of why the asserted grounds for suspension are inapplicable or should not result in a suspension, may result in a denial of the vendor’s hearing request.
5.4.2.e. Within 5 working days of receiving the vendor’s request for a hearing, the Director will serve on the vendor a notice of hearing that includes the date, time and place of the hearing.
5.4.2.f. The hearing will be recorded and an official record prepared. Within 10 working days of the conclusion of the hearing, the Director will issue and serve on the vendor, a written decision either confirming or reversing the suspension.
5.4.3. A vendor may appeal a decision of the Director to the Secretary of the Department of Administration. The appeal must be in writing and served on the Secretary no later than 5 working days of receipt of the Director’s decision.
5.4.4. The Secretary, or his or her designee, will schedule an appeal hearing and serve on the vendor, a notice of hearing that includes the date, time and place of the hearing. The appeal hearing will be recorded and an official record prepared. Within 10 working days of the conclusion of the appeal hearing, the Secretary will issue and serve on the vendor a written decision either confirming or reversing the suspension.
5.4.5. Any notice or service related to suspension actions or proceedings must be provided by certified mail, return receipt requested.
5.5. Vendor Debarment. The Director may debar a vendor on the basis of one or more of the grounds for debarment contained in W. Va. Code § 5A-3-33d or if the vendor has been declared ineligible to participate in procurement related activities under federal laws and regulation.
5.5.1. Debarment proceedings shall be conducted in accordance with W. Va. Code §5A-3-33e and these rules. A vendor that has received notice of the proposed debarment by certified mail, return receipt requested, must respond to the proposed debarment within 30 working days after receipt of notice or the debarment will be instituted without further notice. A vendor is deemed to have received notice, notwithstanding the vendor’s failure to accept the certified mail, if the letter is addressed to the vendor at its last known address. After considering the matter and reaching a decision, the Director shall notify the vendor of his or her decision by certified mail, return receipt requested.
5.5.2. Any vendor, other than a vendor prohibited from participating in federal procurement, undergoing debarment proceedings is permitted to continue participating in the state’s procurement process until a final debarment decision has been reached. Any contract that a debarred vendor obtains prior to a final debarment decision shall remain in effect for the current term, but may not be extended or renewed. Notwithstanding the foregoing, the Director may cancel a contract held by a debarred vendor if the Director determines, in his or her sole discretion, that doing so is in the best interest of the State. A vendor prohibited from participating in federal procurement will not be permitted to participate in the state’s procurement process during debarment proceedings.
5.5.3. If the Director’s final debarment decision is that debarment is warranted and notice of the final debarment decision is mailed, the Purchasing Division shall reject any bid submitted by the debarred vendor, including any bid submitted prior to the final debarment decision if that bid has not yet been accepted and a contract consummated.
5.5.4. Pursuant to W.Va. Code §5A-3-33e(e), the length of the debarment period will be specified in the debarment decision and will be for a period of time that the Director finds necessary and proper to protect the public from an irresponsible vendor.
5.5.5. List of Debarred Vendors. The Director shall maintain and publicly post a list of debarred vendors on the Purchasing Division’s website.
5.5.6. Related Party Debarment. The Director may pursue debarment of a related party at the same time that debarment of the original vendor is proceeding or at any time thereafter that the Director determines a related party debarment is warranted. Any entity that fails to provide the Director with full, complete, and accurate information requested by the Director to determine related party status will be presumed to be a related party subject to debarment.
5.6. Damages.
5.6.1. A vendor who fails to perform as required under a contract shall be liable for actual damages and costs incurred by the state.
5.6.2. If any commodities delivered under a contract have been used or consumed by a spending unit and on testing the commodities are found not to comply with specifications, no payment may be approved by the Spending Unit for the merchandise until the amount of actual damages incurred has been determined.
5.6.3. The Spending Unit shall seek to collect damages by following the procedures established by the Office of the Attorney General for the collection of delinquent obligations.
W. Va. Code R. § 148-1-6 Registration, Advertising, Bidding, and Award
6.1. Registration of Vendors.
6.1.1. Purchasing Division Registration. All vendors must register with the Purchasing Division prior to being awarded a contract, except that the following categories of vendors are exempt from this registration requirement.
6.1.1.a. Purchasing card vendors providing travel related services are not required to register with the Purchasing Division.
6.1.1.b. Purchasing card vendors receiving an aggregate total yearly payment less than $25,000.00 from a spending unit are not required to register with the Purchasing Division.
6.1.1.c. Any company or corporation, or subsidiary of the company or corporation, listed on any nationally recognized stock exchange is not required to register with the Purchasing Division.
6.1.2. Vendors shall register online utilizing the wvOASIS vendor self service function or by submitting the vendor registration and disclosure statement to the Purchasing Division.
6.1.3. Purchasing Division Fee Payment. All vendors shall pay to the Purchasing Division, an annual registration fee of $125 prior to being awarded a contract, except that the following categories of vendors are exempt from this requirement.
6.1.3.a. Purchasing card vendors providing travel related services are not required to pay the registration fee.
6.1.3.b. Vendors paid only by the State purchasing card that receive aggregate total yearly payments of less than $25,000.00 from a spending unit are not required to pay the registration fee.
6.1.3.c. Vendors receiving orders for goods or services of $5,000 or less, from all spending units, regardless of payment method, are not required to pay the registration fee.
6.1.3.d. Vendors providing a good or service under a direct award are not required to pay the registration fee for providing that good or service for which they have been designated a direct award vendor.
6.1.3.e. Any vendor can be exempted from paying the registration fee if the Director determines that waiving the registration fee would be in the best interest of the State of West Virginia.
6.1.4. A vendor with multiple locations shall pay only one fee when operating under one Federal Employer Identification Number (FEIN).
6.1.5. Other Registrations, Licenses, etc. The vendor must be licensed and in good standing in accordance with all state and local laws and requirements by any state or local agency of West Virginia, including, but not limited to, the West Virginia Secretary of State’s Office, the West Virginia Tax Department, West Virginia Insurance Commission, or other state agencies or political subdivisions prior to being awarded a contract. The vendor must provide all necessary releases to obtain information necessary to verify that the vendor is licensed and in good standing with the above entities.
6.1.6. Failure to Register. The Director is prohibited from awarding any contract to any vendor not properly registered with the Purchasing Division. If a vendor is eligible to be awarded or has been awarded a contract and it is determined that the vendor has failed to comply with the requirements of 6.1.e. of these Rules, the vendor will be given a period of time that the Director deems sufficient to cure the failure. If after that period vendor has not cured the failure, the Director may cancel the contract.
6.2. Advertising. Solicitations that exceed a spending unit’s delegated threshold must be advertised using advertising media such as the West Virginia Purchasing Bulletin, newspapers, trade journals, or any other media the Director considers advisable. The type and duration of advertising completed is at the Director’s discretion. This provision shall not apply to expressions of interest procured by the spending unit under W. Va. Code § 5G-1-4, or other solicitations governed by a law that mandates certain advertising requirements be met. Any vendor that pays the registration fee will receive notice of solicitations that the Purchasing Division has released to the public for bidding, response, comment, or other purposes.
6.3. Bidding.
6.3.1. The Purchasing Division must receive bids from vendor prior to the date and time of the bid opening listed on the solicitation forms provided by the Purchasing Division. The Director must reject bids received after the designated time and date. Each vendor is solely responsible for delivering its bid to the Purchasing Division.
6.3.2. An authorized representative of the vendor must sign all bids submitted to the Purchasing Division. A corporate or other business entity signature without an individual name is not an acceptable signature.
6.3.3. The Director may allow bids by electronic transmission as defined in W. Va. Code § 5A-1-1(6). Bids by electronic transmission must be received by the Purchasing Division prior to the bid opening date and time. A bid will not be considered received until after transmission is completed. A vendor choosing to submit a bid or a written change to a bid by electronic transmission accepts full responsibility for transmission and receipt of the bid or written change to a bid. The State accepts no responsibility for the unsuccessful and/or incomplete transmission of bids or changes to bids by electronic transmission. Bids submitted via electronic transmission may not be sealed until received by the Purchasing Division. The Purchasing Division makes no guarantee of confidentiality when vendors utilize electronic transmission.
6.3.4. Copies of bids will be open for public inspection in the office of the Purchasing Division at any time after the completion of the public bid opening. No original bid may be removed from the presence of a Purchasing Division representative. The Director may prescribe policies to include scanning, copying or other methods of assuring public access. The files of the Purchasing Division are open for public inspection after the award has been made.
6.3.5. A bidder may make a change to a sealed bid before the bid opening. A bidder must submit changes in writing or by electronic transmission to the Purchasing Division. To be effective, any change must be received by the Purchasing Division prior to the date and time of the bid opening. Changes by electronic transmission must be made in the manner provided in Subdivision 6.2.4 of this rule.
6.3.6. The Director may reject a bid a vendor declares to be erroneous after the bid opening, but otherwise appears to be responsive, if all of the following conditions exist: (1) An error was made; (2) The error materially affected the bid; (3) Rejection of the bid would not cause a hardship on the State spending unit involved, other than losing an opportunity to receive commodities, services or printing at a reduced cost; and (4) Enforcement of the part of the bid in error would be unconscionable. In order for the Director to reject a bid under this subsection, the public file must contain documented evidence that all of the conditions set forth in this subdivision exist.
6.3.7. The Director may accept or reject, in whole or in part, any bid when the Director feels it to be in the best interest of the State. If any bid is rejected, the Director shall place a written explanation in the procurement file.
6.3.8. The Director must reject a bid that is found to be non-responsive. A non-responsive bid is one that fails to conform to the solicitation in all material respects.
6.3.9. The official time clock of the Purchasing Division, for the purpose of receipt of bids, shall be displayed in the offices of the Purchasing Division.
6.3.10. If there is a conflict between the extension (total) price and the unit price in the bid, the unit price prevails. The Purchasing Division reserves the right to recalculate a vendor’s extension (total) pricing.
6.3.11. Vendor must disclose any instance where the vendor’s bid fails to comply with the requirements of the solicitation, which includes but is not limited to, failure to comply with a mandatory requirement or goods or services not meeting the required specifications. If changes are not stated, the Director may assume that items offered meet the specifications.
6.3.12. Vendors are responsible for the accuracy of the information on and in the bid envelopes.
6.3.13. Vendors may contact the Purchasing Division to obtain official bid forms.
6.3.14. All sales to the State of West Virginia are exempt from Consumer Sales Tax or Excise Tax by blanket state exemption and blanket federal exemption.
6.4. Awards.
6.4.1. Any award made by the Director will be made in accordance with the law governing the type of procurement being awarded.
6.4.2. The Director may make multiple or split awards when it is in the best interest of the State.
6.4.3. When tie bids are received, the Director shall break the tie by: allowing the tied vendors to make a final offer, flip of a coin, draw of the cards, or any other impartial method considered prudent by the Director.
6.4.4. Vendor Preference.
6.4.4.a. Reciprocal Preference. Reciprocal preference as described in W. Va. Code §5A-3-37(b) applies to commodities. For purposes of application of reciprocal preference, the term commodity will include any contract that involves a commodity being provided to the State, even if the majority of the contract relates to services. This rule does not apply to construction let to bid under W. Va. Code §5-22-1. Any vendor that desires to receive the reciprocal preference contained W. Va. Code §5A-3-37(b) must request the preference in writing at the time of bid submission and provide all documentation necessary to prove its status as a resident of West Virginia, as that term is defined in W. Va. Code §5A-3-37(a), at the time of bid submission. That required documentation must include:
6.4.4.a.1. A Certificate of Good Standing from the West Virginia Tax Division,
6.4.4.a.2. Documentation filed with the Secretary of State showing the state of incorporation, the address of all officers, the corporate headquarters, the address of the principal place of business, and other pertinent information. Entities not required to file with the Secretary of State may provide an affidavit confirming that the headquarters or principal place of business is in West Virginia, along with a copy of a utility bill in the name of the business entity.
6.4.4.a.3. A copy of the most recent personal property tax ticket showing taxes have been paid, and
6.4.4.a.4. An affidavit confirming that the business entity has paid all applicable business taxes imposed by Chapter 11 of the West Virginia Code.
6.4.4.b. Preference for Motor Vehicles and Construction and Maintenance Equipment and Machinery. Any vendor providing the state with motor vehicles or construction and maintenance equipment and machinery used in highway and other infrastructure projects that desires to receive the preference contained W. Va. Code § 5A-3-37(c) must request the preference in writing at the time of bid submission and provide all documentation necessary to prove its entitlement to the preference requested at the time of bid submission. Required documentation will vary depending on the preference requested, but acceptable forms of documentation are described below.
6.4.4.b.1. Resident Vendor Documentation. A vendor’s status as a West Virginia resident can be proven with the documentation listed in Subdivision 6.4.d.1 of this Section.
6.4.4.b.2. Continuous Residency. Continuous residency of business entities can be established by providing the documentation required in Paragraph 6.4.d.2.A for the requisite number of years. Continuous residency for employees can be established by including the number of years of residency in West Virginia for each employee included in the list described in Paragraph 6.4.d.2.C of this subdivision.
6.4.4.b.3. Employment. Employment numbers and employment percentages can be verified by submitting a list of employees by first initial and last name and including each employee’s city and state of residence with a sworn statement that the list is complete and accurate.
6.4.4.b.4. Ownership. Ownership requirements can be verified by the vendor submitting an affidavit listing each owner and that owner’s ownership share as a percentage of the whole entity.
6.4.4.b.5. Veteran Status. Veteran status can be verified by including applicable federal forms that designate the vendor as a veteran.
6.4.5. Requirements for bonds and deposits. The Director shall determine the applicability and amount of bonds or deposit required of a vendor at any time, if, it is judged that security is necessary to safeguard the State from undue risk. The Director may require the vendor to submit a certified check, certificate of deposit, performance bond, litigation bond or any other security acceptable to the Director, payable to the State of West Virginia. Neither personal checks nor company checks are acceptable. Vendors can request that bonds or other security be returned after the purpose for which the bond was provided has been fulfilled. Upon confirmation from the spending unit or other relevant party that the bond or security in question has fully served its purpose, the Director may return the bond or security.
6.5. Specifications.
6.5.1. Specifications must be written to encourage competition to the fullest extent possible. No person may write specifications, or attempt to influence the drafter of specifications, to limit competition or favor or disfavor a particular brand or vendor. Spending units may not use brand or vendor names to restrict competition. If, however, brand names are used to adequately describe a needed commodity or service, the brand or vendor name must be followed by the phrase “or equal” to promote and encourage competition.
6.5.1.a. Examples of limiting competition or favoring a brand or vendor include, but are not limited to: drafting specifications to match a vendor’s description of its commodity or service to the exclusion of others, listing a brand name in specifications without noting that equivalent products will be considered, and drafting specifications that are so restrictive that only one desired vendor can meet the requirements without adequate justification for the restrictions.
6.5.1.b. Nothing contained in the subsection will be construed to prevent a spending unit from drafting specifications with restrictions and mandatory requirements that are necessary to perform the objectives for which the commodity or service is purchased. Reduced need for training, maintaining consistency in inventory, staff familiarity, and other similar objectives will not be sufficient to justify restrictions in specifications.
6.5.1.c. A spending unit that uses a brand or vendor name to describe a needed commodity or service must also list in the specifications the mandatory components of that commodity or service that the reference to a brand or vendor name is intended to capture. A vendor’s equality with the brand or vendor name will be evaluated on the basis of the mandatory components only. If a vendor bids a commodity or service that is equal to the brand or vendor name with regard to all identified mandatory components, the Director shall not disqualify the vendor’s bid due to inequality of non-mandatory components. Any spending unit request to disqualify a vendor on the grounds that the vendor has bid an unequal product must be accompanied by written justification listing the mandatory component that is unequal and explaining how the product bid is unequal.
6.5.2. The Director has authority to develop standard specifications that will form the basis of statewide contracts used by multiple agencies. Standard specifications shall include information relating to the cost of maintenance and expected life of the commodities, services or printing when the Director determines there are applicable nationally accepted standards.
6.5.3. The Purchasing Division has final authority over specifications and may require that a spending unit modify specifications. In the event that a spending unit refuses to make the required changes, the Director is prohibited from issuing a solicitation until the spending unit provides the Director with a written explanation for the refusal, that the Director deems satisfactory.
6.5.4. The provisions of Subsection 6.5.a. and 6.5.b. do not apply to spending units that have established a Standard in accordance with W. Va. Code §5A-3-61 and W. Va. Code of State Rules §148-1-14.
6.6. Bid Evaluation.
6.6.1. Evaluators of bids must certify that no financial, personal, or other conflict of interest exists relating to any vendor or vendor representative that has submitted a bid. The Purchasing Division may develop a form that evaluators can sign for certification purposes under this subsection.
6.6.2. From the time a requisition is submitted to the Purchasing Division for public advertisement until an award is made, evaluators and spending unit personnel are not permitted to communicate with vendors about the solicitation or any component thereof without prior approval from the Purchasing Division. All communication regarding the solicitation must be directed to the Purchasing Division until an award has been made. Nothing in this subsection, however, shall prevent the evaluators and spending unit personnel from communicating with a vendor about existing contracts or other matters unrelated to the solicitation in question.
6.6.3. The Purchasing Division may seek additional documentation and clarification from a bidder after bid opening to clarify a point of inconsistency or uncertainty in the bid, and to ensure compliance with mandatory solicitation requirements.
6.6.4. The Director’s right to reject a bid in whole or in part contained in these rules includes the ability to reject one or more proposed contract terms contained in a vendor’s bid, or other vendor documents, that conflict with the published solicitation, the West Virginia Code, and the Code of State Rules. Such a rejection, if vendor concurrence is obtained, would eliminate the objectionable terms from the bid and leave the remainder of the bid in place.
6.6.5. At the request of the spending unit, or upon its own judgment if it deems necessary, the Purchasing Division may require that a vendor sign additional documentation related to contract terms, privacy requirements, and security requirements prior to contract award. Examples include, but are not limited to, the business associate addendum, cloud addenda, and terms modification addenda.
6.7. Deliveries. Spending units are responsible for: (1) the inspection of commodities, services, or printing upon delivery to ensure that purchases meet contractual requirements, and (2) maintaining records of receipt.
6.8. Change Orders.
6.8.1. Review and Approval. The Director has the authority and responsibility to review change orders just as he or she has authority and responsibility for review and approval of the original contract.
6.8.2. Change Order Submission. A spending unit desiring to make a change to a contract must submit a request for the contract change to the Purchasing Division. Any change order request submitted to the Purchasing Division that requires vendor agreement must include the vendor’s agreement in writing.
6.8.3. Documentation. The Director may ask for, and the spending unit must provide, any documentation or further explanation that the Director deems necessary to aid in reviewing a change order request.
6.8.4. Rejection. If the Director reviews the change order and determines that it has not been properly justified; fails to include necessary documentation; is or could be construed as an attempt to circumvent the bidding process; or is otherwise unfit to be approved; the Director shall reject the change order.
6.8.5. Attorney General. Change orders must be approved by the Attorney General’s office, as to form, just as the original contract is approved as to form by that office under West Virginia W. Va. Code §5A-3-13.
6.8.6. Timing of Work. Spending units must not permit vendors to perform work that the spending unit anticipates will be added to a contract through a change order until such time as the change order has been formally approved by the Purchasing Division and the Attorney General’s office, encumbered by the Purchasing Division, and mailed to the vendor. This subsection related to timing of work does not apply to government construction contracts executed pursuant to W.Va. Code §5-22-1, et seq.
6.9. Bid Bonds.
6.9.1. Electronic Bid Bond Submission – When a solicitation mandates that a bid bond be provided, the Purchasing Division may consider the electronically submitted copy of the bid bond to be a valid bid bond for purposes of bid review, evaluation, and acceptance, provided that the electronic copy of the bid bond would be considered a valid bond if presented in its original form. If the electronic copy of the bond is deemed to be valid, the Purchasing Division may, but is not required to, request the original bid bond or a replacement bid bond with original signatures.
W. Va. Code R. § 148-1-7 Purchasing Methods
7.1. General. Contracts requiring more than 6 months to fulfill are filed with the State Auditor.
7.2. Delegated Procurement.
7.2.1. Spending units may make delegated purchases without processing the purchase as a formal solicitation through the Purchasing Division, provided that the spending unit adheres to the most current Purchasing Division procedures and requirements established by the Director. The spending unit must keep records of these purchases on file and make them available for public inspection during the normal office hours of the spending unit.
7.2.1.a. Delegated Procurement Thresholds – West Virginia Code § 5A-3-10 establishes the standard delegated procurement threshold at $25,000 or less, but also permits the Director to increase that amount up to $100,000. West Virginia Code § 5A-3-11 creates a standard no bid threshold at $2,500 but also permits the Director to increase that limit. Accordingly, the following delegated procurement limits have been found to be in the best interest of the spending units and the State and are hereby applied to spending unit transactions.
No Bids Required - $0 – $5,000 in aggregated spend Verbal Bids Required - $5,000.01 - $20,000 in aggregated spend Delegated wvOASIS Solicitation Required - $20,000.01 - $50,000 in aggregated spend Spending units may request a higher Delegated wvOASIS Solicitation Required limit of up to $100,000 from the Director in writing. The request should include an explanation of why increasing the delegated limit is in the best interest of the spending unit and the State. The explanation should include a discussion of staff qualifications for staff designated to oversee procurement, internal controls and tracking that the agency has in place to conduct delegated procurements, planned or completed procurement training, and any procurement certifications held by procurement staff. Additionally, the Purchasing Division reserves the right to withdraw an agency’s increased delegated authority at any time should it determine that doing so would be in the best interest of the State.
7.2.2. If an agency fails to comply with the procedures and requirements established for delegated procurements, or shows significant deficiencies in the processing of transactions exceeding delegated procurement limits, the Director has the ability to:
7.2.2.a. Suspend or reduce purchasing authority for that spending unit.
7.2.2.b. Require the spending unit to provide additional reports and documentation relating to delegated procurements for Purchasing Division review.
7.2.2.c. Require the agency to submit to additional oversight that the Director deems appropriate, or
7.2.2.d. Require that the agency personnel responsible for delegated purchases participate in remedial training provided by the Purchasing Division.
7.2.3. Calculating Spending Thresholds. Spending thresholds are determined as the aggregated spend by a spending unit for the same commodity or service over any 12-month period.
7.3. Central Procurement. Purchases of commodities, services or printing that exceed the delegated procurement limit granted to a spending unit shall be made by the Purchasing Division.
7.4. Open End Contracts and Statewide Contracts.
7.4.1. The State may secure open end contracts to obtain commodities, services, or printing to supply the repetitive needs of the spending units in the form of statewide contracts, blanket orders, or spending unit contracts.
7.4.2. If the Director establishes an agency open end contract, any spending unit covered by the contract is required to use it. The Director may grant a spending unit a waiver that permits the spending unit to purchase from a source other than the open-end contract.
7.4.3. If the Director establishes a statewide contract, all spending units are required to use it, unless the contract is designated as non-mandatory. The Director may grant a spending unit a waiver that permits the spending unit to purchase from a source other than the statewide contract.
7.4.4. Granting of a waiver from an open end or statewide contract will be considered on a case-by-case basis and will only be granted if the Director determines that granting the waiver is in the best interest of the state. A waiver will only be granted if the spending unit can show that any one of the following conditions exists:
7.4.4.a. The vendor is unable to deliver the commodity or service by the required delivery date, assuming that the spending unit is not imposing an unreasonable delivery deadline;
7.4.4.b. The vendor is unresponsive to ordering requests;
7.4.4.c. The vendor has refused to perform.
7.4.4.d. The agency can procure the same commodity or service at a lower price from another entity.
7.5. Direct Award Procurement.
7.5.1. The Director of Purchasing may approve the purchase of commodities, services or printing directly from a vendor as a direct award procurement without competitive bidding, if the conditions described in W. Va. Code §5A-3-10c are followed.
7.5.2. Agencies are encouraged to solicit competition rather than process a direct award request. The Director has authority to reject direct award requests whenever competition is believed to be available.
7.5.3. All direct award requests made to the Director shall be publicly advertised and made available for review by vendors registered with the Purchasing Division. Should this advertisement cause interest from a vendor with the ability to provide the commodity or service, the Director may: (a) reject the direct award request and require the spending unit to submit a requisition for public advertisement and formal bidding; (b) accept the direct award request and approve the direct award contract; or (c) take other action as necessary.
7.5.4. The Director may require potential direct award requests at any dollar level above $5,000 to be subject to review, approval and processing in the same manner described in these rules.
7.5.5. The Director must issue prior approval or disapproval for the purchase of used equipment directly from the vendor without competitive bids. If disapproved, the Director must return the request to the spending unit and direct another method of purchasing. Notwithstanding the foregoing, approval to purchase used equipment under this subsection is contingent upon meeting all of the requirements applicable to a direct award procurement.
7.6. Emergency Procurement.
7.6.1. Delegated Emergency Procurement. Spending units are permitted to procure commodities and services for immediate delivery on an emergency basis without competitive bidding and without prior approval of the Purchasing Division if the emergency procurement is necessary to avoid or abate an emergency and either: the procurement is under the spending unit’s delegated limit; or the emergency is discovered outside the normal operating hours of state government and requires immediate action to avoid further damage to state property, or to address a serious safety concern. Any delegated emergency procurement undertaken by a spending unit will be processed as an agency procurement rather than a central procurement in wvOASIS.
7.6.2. Non-Delegated Emergency Procurement. Spending units are permitted to procure commodities and services for immediate delivery on an emergency basis without competitive bidding in all other emergency circumstances not covered by 7.6.1. above by first obtaining prior written approval from the Purchasing Division. The approval request should contain a description of the emergency circumstances, the proposed remedy, the cost of the remedy, and the proposed contract duration. The Director shall review a spending unit’s written request and issue written approval or disapproval. Any non-delegated emergency procurement undertaken by a spending unit hereunder will be processed as an agency procurement rather than a central procurement in wvOASIS.
7.6.3. Reporting Emergency Procurement. All emergency procurements will be identified, reported to the Purchasing Division pursuant to W. Va. Code § 5A-3-4(a)(2) and W. Va. Code § 5A-3-15, and posted publicly to the Purchasing Division’s website.
7.6.3.a. Any delegated emergency procurement completed under Section 7.6.1. must be reported to the Purchasing Division within 30 days of the emergency being approved so that the Purchasing Division can perform the public posting. The report to the Purchasing Division must include a copy of the emergency determination/approval with enough detail to clearly understand why the situation is an emergency, any bids obtained, and documentation evidencing what was purchased and at what price, along with any executed contract documents.
7.6.3.b. Any non-delegated emergency procurement approved by the Purchasing Division will be posted publicly to the Purchasing Division’s website and include a copy of the emergency procurement request and approval by the Purchasing Division. Within 30 days of the emergency approval, the agency must also provide the Purchasing Division with documentation evidencing what was purchased and at what price, along with any executed contract documents, which will also be posted to the website.
7.6.4. Emergency procurements conducted under this section should include three bids, written or documented verbal, if obtaining those bids would not significantly impair the spending unit’s ability to prevent or abate the emergency. A record of any bids obtained must be maintained in the spending unit’s contract file and available for inspection upon request.
7.6.5. What qualifies as an emergency under this subsection must be evaluated on a case-by-case basis and will include unforeseen events or circumstances, including delays by contractors, delays in transportation, or an unanticipated volume of work, as well as procurement of specific commodities for immediate delivery related to an official declaration of emergency by the Governor or federal officials.
7.7. Best Value Procurement.
7.7.1. The term best value procurement means a request for proposal as described in W.Va. Code §5A-3-10b or an Expression of Interest as described in W.Va. Code §5G-1-1.
7.7.2. Requests for Quotation are the preferred method of procurement, but a spending unit may utilize a best value procurement method to procure goods, services, or printing, excluding construction. To utilize a request for proposal, the spending unit must provide adequate justification explaining why an evaluation based on price and compliance with specification alone would not be adequate. The Director shall review each request to utilize a request for proposal and may permit the use of a request for proposal if he or she determines in writing that it is in the best interest of the state.
7.7.3. A request for proposal must contain provisions for a two-part evaluation, the first part being technical aspects of the proposal and the second part being cost to the State. The two components are evaluated, scored, and combined to form a total score. The highest scoring vendor will be awarded a contract.
7.7.4. Expressions of interest may only be used to procure architectural, engineering, or other services contained within Chapter 5G, Article 1 of the West Virginia Code.
7.8. Purchases from contracts issued by other public agencies and entities.
7.8.1. The Director may approve a request by a spending unit to purchase from, join as a party, or otherwise utilize contracts issued by agencies of the federal government, agencies of other states, other public bodies, or other state agencies. The Director may also sign an agreement with a vendor that has the effect of adding state spending units to a contract issued by agencies of the federal government, agencies of other states, other public bodies, or other state agencies. The Director may, but is not required to, designate such a contract as a statewide contract and require that spending units utilize it. The Director may also lead, participate in, or join after issuance cooperative purchasing arrangements with other public agencies and entities created by public agencies.
Before undertaking any activity authorized by this section, the Director shall determine that the contracts being utilized and/or created are valid, properly awarded, financially advantageous, and comparable to what can be obtained through competitive bidding. The last requirement will be satisfied if the contract was created or is to be created from a competitive procurement method.
The Director shall require spending units, or the Purchasing Division if acting without a spending unit request, to prove that their requests to use such contracts do not conflict with existing contracts that the spending unit is required to utilize.
7.8.2. All spending unit requests to take an action authorized under this subsection must be submitted in advance to the Director with necessary evidence and documentation to show that such action is in the best interest of the State. The Director shall approve only those requests submitted with evidence that justifies use of such contracts. Any request that is not supportable shall be returned to the spending unit.
7.9. Multiple Awards.
7.9.1. The Director may elect to award a contract to more than one vendor when the Director determines in writing such action would be in the best interest of the State. In arriving at a determination, the Director will consider the following factors, insofar as they are applicable:
7.9.1.a. The quality, availability, and reliability of the supplies, materials, equipment, or service and their adaptability to the particular use required;
7.9.1.b. The ability, capacity, and skill of the bidder;
7.9.1.c. The sufficiency of the bidder’s financial resources;
7.9.1.d. The bidder’s ability to provide maintenance, repair parts, and service;
7.9.1.e. The compatibility with existing equipment;
7.9.1.f. The need for flexibility in evaluating new products on a large scale before becoming contractually committed for all use; and
7.9.1.g. Any other relevant factors.
7.9.2. In situations where a multiple award is necessary, the Director shall place a written explanation into the public file. If a multiple award is requested by a spending unit, that spending unit must provide written justification to the Director. The Director’s decision shall be final in all cases.
7.10. Negotiation When All Bids Exceed Available Funds.
7.10.1. Spending units must submit a valid maximum budgeted amount for each requisition to the Purchasing Division. The maximum budgeted amount may not be disclosed to any vendor prior to the bid opening and may not be changed after the bid opening.
7.10.2. If all bids meeting requirements exceed the funds available for the purchase, the Purchasing Division may negotiate a lower price within budget with the lowest bidder meeting specifications. If the negotiation does not lead to the budget amount being met, the Director may negotiate a lower price with the next lowest bidder and continue negotiations with participating bidders after negotiations close with the preceding bidder. In conducting discussions, there may be no disclosure of any information derived from proposals submitted by competing bidders.
7.10.3. If the Purchasing Division solicits bids utilizing a best value procurement, and there is more than one bidder, the Director may negotiate a lower price with the highest ranked bidder. If the Director does not award the contract to the highest scoring bidder, he or she may close negotiations with that bidder and enter into negotiations with the next highest scoring bidder and may continue to do so in like manner with the remaining responsive and responsible bidders. The Director may not extend an offer to any bidder that is not first extended to the prior bidders in order of rank Nothing contained herein is intended to supersede the requirements contained in Chapter 5G, Article 1 or the West Virginia Code.
7.10.4. If agencies fail to provide a valid maximum budgeted amount, the Director shall not permit negotiation.
7.10.5. The Director shall determine the method of negotiation.
7.11. Discussion and Final Offers.
7.11.1. The Director may conduct discussions to obtain best and final offers from bidders to assure full understanding of solicitation requirements. If the Director determines that a best and final offer is necessary from one vendor, all vendors shall be afforded the opportunity to provide best and final offers.
7.11.2. All best and final offers shall be treated like a formal bid, except that advertising is not required. All bidders must provide their best and final offers to the Purchasing Division prior to the date and time specified by the Director.
7.11.3. Government construction contracts and supplies/material to be used in construction are exempt from this section pursuant to W.Va. Code §5A-3-11(b)(1) and (2).
7.12. Contract Management.
7.12.1. For contracts for commodities and services in the amount of $1 million or less, the Director may prescribe contract management procedures for all state contracts, except government construction contracts. These procedures may include, but are not limited to:
7.12.1.a. Establishing payment benchmarks to assure the State receives value prior to remitting payment;
7.12.1.b. Conducting regular meetings between spending unit and vendor to assess contract performance;
7.12.1.c. Training spending unit personnel to manage contracts; or
7.12.1.d. Using the Office of Technology Project Manager for its projects.
7.12.2. For contracts for commodities and services in an amount exceeding $1 million, the following contract management procedures apply:
7.12.2.a. Post Award Conferences. The agency administrator responsible for administering the contract must hold a post award conference with the contractor to ensure a clear and mutual understanding of all contract terms and conditions, and the respective responsibilities of all parties. The agenda for the conference must include, at a minimum, the introduction of all participants and identification of agency and contractor key personnel, and discussion of the following items:
7.12.2.a.1. The scope of the contract, including specifications of what the agency is buying;
7.12.2.a.2. The contract terms and conditions, particularly any special contract provisions;
7.12.2.a.3. The technical and reporting requirements of the contract;
7.12.2.a.4. The contract administration procedures, including contract monitoring and progress measurement;
7.12.2.a.5. The rights and obligations of both parties and the contractor performance evaluation procedures;
7.12.2.a.6. An explanation that the contractor will be evaluated on its performance both during and at the conclusion of the contract and that such information may be considered in the selection of future contracts;
7.12.2.a.7. Potential contract problem areas and possible solutions;
7.12.2.a.8. Invoicing requirements and payment procedures, with particular attention to whether payment will be made according to milestones achieved by the contractor;
7.12.2.a.9. An explanation of the limits of authority of the personnel of both the agency and the contractor.
7.12.2.b. Monitoring -- The agency must develop a comprehensive and objective monitoring checklist which:
7.12.2.b.1. Measures outcomes;
7.12.2.b.2. Monitors compliance with contract requirements; and
7.12.2.b.3. Assesses contractor performance.
7.12.3. Reports. The agency must make the following reports to the Director, on a schedule established by the Director, but not less frequently than once a year:
7.12.3.a. Status Reports. Status reports describe the progress of the work; track the organizational structure of the statement of work in terms of phases, segments, deliverables and products; and describe what work is complete and what work is pending and contrast that status against the contract schedule. If there are any unresolved issues that the agency is contractually obligated to resolve, those issues should be included in the status report and a resolution should be requested.
7.12.3.b. Activity Reports. Activity reports describe all activity on the project, regardless of whether substantial progress has been made toward completion of the project. If payment is based on the number of completed transactions, these activities must be specifically set out in the report.
7.13. Inspection.
7.13.1. The agency must inspect all materials, supplies, and equipment upon delivery and again prior to final acceptance to insure compliance with the contract requirements and specifications.
7.13.2. The agency must report any discrepancies to the Director immediately.
7.13.3. If unlisted shortages are discovered, the vendor and the Director must be notified immediately.
7.13.4. A contractor may be required to pick up any merchandise not conforming to specifications and replace the merchandise immediately.
7.14. Substitutions. Substitution of items called for in a contract is not permitted without the Director’s prior approval. The Director will not approve substitution of items unless the substituted items are of equal quality and are offered at the same or lower price.
W. Va. Code R. § 148-1-8 Protests
8.1. Submission of Protest.
8.1.1. Protests based on bid specifications must be submitted no later than 5 working days prior to bid opening. Protest of a purchase order or contract awards must be submitted no later than 5 working days after the award. The vendor is responsible for knowing the bid opening and award dates. Protests received after these dates may be rejected at the option of the Director.
8.1.2. All protests must be submitted in writing to the Purchasing Division and contain the following information:
8.1.2.a. The name and address of the protestor;
8.1.2.b. The requisition, solicitation, purchase order or contract numbers;
8.1.2.c. A statement of the grounds of protest;
8.1.2.d. Supporting documentation, if necessary; and
8.1.2.e. The resolution or relief sought.
8.1.3. Failure to submit this information shall be grounds for rejection of the protest by the Director.
8.2. Protest Review.
8.2.1. The Director or his/her designee shall review the matter of protest and issue a written decision. A hearing may be conducted at the option of the Director or assigned designee. Continuation or delay of a purchase order or contract award is at the discretion of the Director.
8.2.2. The Purchasing Division may refuse to review any protests when the matter involved is the subject of litigation before a court of competent jurisdiction; if the merits have previously been decided by a court of competent jurisdiction; or if it has been decided in a previous protest by the Purchasing Division.
8.3. Reverse Auction Protests: A vendor desiring to submit a protest of specifications related to a reverse auction must submit the protest 5 working days prior to the prequalification bid submission deadline. A protest of a prequalification decision must be submitted within 5 working days of the prequalification approval or denial. A protest of award must be submitted within 5 working days of award.
8.4. Prequalification Agreements and Delegated Prequalification Biding: Any vendor desiring to protest the specifications of a prequalification agreement or the delegated prequalification bidding may do so prior to 5 working days before the prequalification opening date and 5 working days before the delegated prequalification bid opening date. Any vendor desiring to protest the award of a prequalification agreement or delegated prequalification bid may do so within 5 working days of the prequalification agreement award and within 5 working days of the delegated prequalification bid award.
8.5. All protests, regardless of dollar amount should be directed to the Purchasing Division and any protests incorrectly submitted to the spending unit must be forwarded by the spending unit to the Purchasing Division for further review. A protest incorrectly delivered to the spending unit will not be considered received until it reaches the Purchasing Division. Responsibility for delivery of the protest to the Purchasing Division shall remain with the protesting vendor. A spending unit’s failure to deliver the protest to the Purchasing Division shall not be grounds for extending the time for receipt of protests.
W. Va. Code R. § 148-1-9 Violations
9.1. Any person who authorizes or approves a purchase or contract in violation of West Virginia Code, this rule, or any policy or procedure adopted by the Purchasing Division is personally liable for the cost of the purchase or contract. Purchases and contracts violating the West Virginia Code or this rule are void and of no effect. Provided, that the state establishes by a preponderance of the evidence that the individual acted knowingly and willfully.
9.2. The Director shall suspend from bidding on State purchases up to one year, any vendor violating the West Virginia Code, this rule, or any policy or procedure adopted by the Purchasing Division. Appeal of the suspension may be made to the Secretary of the Department of Administration.
9.3. Any person receiving anything of value from a known interested party in awarding a purchase order is subject to the provisions of W. Va. Code § 5A-3-28, 29, 30 and 31, unless otherwise determined by the Ethics Commission.
W. Va. Code R. § 148-1-10 Internet Auction Sales
10.1. The state spending unit for surplus property has the exclusive power and authority to sell commodities to the highest bidder by means of an Internet auction site approved by the Director, pursuant to provisions of W. Va. Code § 5A-3-45.
10.2. The state spending unit for surplus property may contract with one or more nationally recognized commercial Internet auction sites to coordinate sales of surplus property, pursuant to the provisions of W. Va. Code § 5A-3-45 and this rule.
10.3. To ensure that organizations eligible under Federal Properly Management Regulations (41CFR Chapter 101) have priority in obtaining surplus property, all surplus property will be listed on the West Virginia State Agency for Surplus Property website for a least five (5) working days prior to being made available on an Internet auction site.
W. Va. Code R. § 148-1-11 Reverse Auctions
11.1. Authority. Authority to promulgate rules relating to reverse auctions derives from W.Va. Code § 5A-3-10d.
11.2. Justification for Use. The spending unit requesting that a reverse auction be utilized to procure commodities must provide the Director with an explanation of how the reverse auction process would be fair, economical, and in the best interest of the state. Additionally, the spending unit must provide written documentation verifying that the commodities to be procured:
11.2.1. Are subject to low price volatility;
11.2.2. Have specifications that are common and not complex;
11.2.3. Vary little between suppliers;
11.2.4. Are sourced primarily based on price, with limited ancillary considerations;
11.2.5. Require little collaboration from suppliers; and
11.2.6. Are sold by a large, competitive supply base.
When soliciting bids for commodities through a reverse auction, the Purchasing Division may be considered the spending unit and the Purchasing Division may rely on information provided by one or more of the spending units that will utilize the contract in satisfying the requirements necessary to utilize a reverse auction.
11.3. Prequalification. All reverse auctions conducted under these rules must be preceded by prequalification of vendors. Only vendors that have completed prequalification for the auction will be permitted to participate in the auction. Prequalification will be completed as follows:
11.3.1. Notice of Reverse Auction. If the Director approves the spending unit’s request to utilize a reverse auction, the spending unit will then prepare specifications to describe the commodity being procured by reverse auction and list any mandatory requirements the vendor must meet. The spending unit must then provide that information to the Director, along with any additional documentation the Director deems necessary, in a manner suitable to the Director. The Purchasing Division will then ensure that an adequate description of the contemplated reverse auction is included and will advertise the reverse auction in the same manner that a request for quotation is advertised under Chapter 5A, Article 3 of the West Virginia Code.
11.3.2. Prequalification Bid. Any vendor desiring to participate in the reverse auction must submit a prequalification bid to the Purchasing Division before the deadline contained in the advertisement or specifications. Failure to submit a prequalification bid prior to the deadline will result in automatic disqualification from participation in the reverse auction. The Director may request additional information from a vendor to assist in evaluating a vendor’s prequalification bid.
11.3.3. Prequalification Request Review; Approval; Denial. Each prequalification bid submitted prior to the applicable submission deadline will be evaluated to ensure compliance with all specifications and mandatory requirements. All vendors in compliance with the specifications and mandatory requirements will be notified that they have been approved to participate in the reverse auction. Vendors that are not in compliance with the specifications and mandatory requirements will be notified that their request to participate in the reverse auction has been denied.
11.3.3.a. Approval. A vendor that has been approved will be provided with the necessary information to participate in the reverse auction. This information may include website addresses, log-in information, etc.
11.3.3.b. Denial. A vendor that has been denied will be provided with notice thereof and, upon request, the vendor must be provided with a reason for the denial.
11.4. Reverse Auction Bidding. The prequalified vendors will be granted access to participate in the reverse auction either physically or electronically depending on the format of the auction. Each prequalified vendor may submit bids until the time for bidding has expired. Any bid that a vendor submits during the reverse auction process will supersede all prior bids submitted by that vendor.
11.5. Award. The lowest responsible bidder within the time period allowed for the reverse auction will be awarded a contract. If the Director determines that a vendor identified as the lowest responsible bidder has failed to meet a mandatory requirement contained in the specifications or if the vendor fails to consummate the contract after bidding, the Director may reject the bid of that vendor or cancel an award that has been made and move to award to the next lowest responsible bidder.
11.6. Reverse Auction Options. The Director may conduct reverse auctions through software systems owned and/or operated by the State of West Virginia, through industry-recognized third-party providers, through mailing and electronic submissions, or through a live auctioneer. Third-party providers or auctioneers must be selected through a procurement method authorized by Article 3, Chapter 5A of the West Virginia Code for the procurement of services.
W. Va. Code R. § 148-1-12 Prequalification Agreement and Delegated Prequalification Bidding
12.1. Authority. Authority to promulgate rules relating to prequalification agreements and delegated prequalification bidding derives from W.Va. Code § 5A-3-10e.
12.2. Definitions. The words and phrases used herein have the same meanings assigned to them in W. Va. Code §§ 5A-3-10e and 5A-1-1.
12.3. Prequalification Agreement Procedures. An agency that desires to establish a prequalification agreement with a subsequent delegated prequalification bidding process as defined in W. Va. Code §5A-3-10e(b)(4) must first provide written justification and obtain the written approval from the Director to do so.
12.3.1. Justification for Use. Any request by a spending unit to establish a prequalification agreement must include the following items:
12.3.1.a. Identification and a detailed description of the commodity or service to be covered by the prequalification agreement;
12.3.1.b. One or more requirements that each vendor must meet to be approved for the prequalification agreement, which may include, but are not limited to, experience, quality assurance, licensing, delivery terms, and quantity terms;
12.3.1.c. An estimation of the quantity and price of the commodity or service to be purchased over the term of the pre-qualification agreement; and
12.3.1.d. Forms (if any) that will be utilized in the delegated prequalification bidding.
12.3.2. Advertisement Once the Director approves a request to solicit prequalification agreements, the documentation contained in the request, along with any additional documentation the Director deems necessary, will be compiled into a form suitable to the Director. The vendor community will be notified of the opportunity to obtain a prequalification agreement through an advertisement that the Director deems appropriate. The advertisement will be completed in the same manner that a request for quotation is advertised under Chapter 5 A, Article 3 of the West Virginia Code.
12.3.3. The justification referenced in this Section 12.3 must also contain:
12.3.3.a. A clause stating that the state is seeking a prequalification agreement that will permit all awarded vendors an opportunity to participate in the delegated prequalification bidding;
12.3.3.b. An explanation of how bids will be submitted and evaluated through the delegated prequalification bidding.
12.3.3.c. A clause limiting the prequalification agreement to a term of three years, and
12.3.3.d. Language setting dollar thresholds for delegated prequalification bidding.
12.3.4. Evaluation and Award. At the date and time provided in the advertisement required by this section, the Purchasing Division will publicly open the vendors’ responses in accordance with current laws, rules, and procedures applicable to bid opening, including but not limited to, late bids, public availability of bids, etc. Vendors’ responses will be evaluated and each vendor that meets all of the qualifications will be awarded a prequalification agreement that allows the vendor to participate in the delegated prequalification bidding.
12.3.5. The Director may also recognize prequalification agreements established by other public entities for purposes of conducting a delegated prequalification bid. Such approval must be obtained prior to issuing the delegated prequalification bid and the delegated prequalification bid must be directed to all entities within the prequalification group known to offer the commodity or service in question.
12.4. Delegated Prequalification Bidding.
12.4.1. Limitations. No single order under the prequalification agreement and delegated prequalification bidding is permitted to exceed $1,000,000 unless a written request to exceed these limits is approved by the Director in writing. If all bids returned under the delegated prequalification bidding are over the applicable dollar threshold, the spending unit must cancel the delegated prequalification bidding and solicit competitive bids in accordance with the requirements contained in West Virginia Code Chapter 5A, Article 3 and West Virginia Code of State Rules §148-1-6. If the spending unit solicits bids and one or more vendors submit bids over the applicable dollar threshold, then the spending unit may only award to the vendors that submit bids under the threshold. Nothing contained herein will prohibit the Director from setting lower limits for the delegated prequalification bidding if he or she determines lower limits are more appropriate.
12.4.2. Request for Bids -- A spending unit, or the Purchasing Division when acting as a spending unit, that desires to purchase a commodity or service identified in the prequalification agreement must notify each vendor that has been awarded a prequalification agreement of the request. The notice must contain any commodity or service specific requirements, the total quantity of the commodity or service being sought, the deadline by which the vendors must submit bids, and the location to which bids must be submitted.
12.4.3. Delegated Prequalification Bid Opening -- At the appointed date, time, and place, the spending unit, or the Purchasing Division when acting as a spending unit, will open all bids in a public bid opening and announce the vendors’ bid prices for all bids.
12.4.4. Evaluation and Award -- After bids have been opened, the spending unit, or the Purchasing Division when acting as a spending unit, shall evaluate the bids received to ensure that the bid submissions comply with the requirements contained in the Prequalification Agreement and the request for bids. The spending unit, or the Purchasing Division when acting as a spending unit, shall award the delegated prequalification bid to the lowest responsible bidder that has complied with all requirements. The spending unit must reject any bid that fails to comply with the requirements contained in the prequalification agreement and the request for bids. The spending unit shall provide the following notices related the evaluation and award:
12.4.4.a. The lowest responsible bidder must be notified that it has won the delegated prequalification bidding and may begin the process of filling the order.
12.4.4.b. The vendors that do not submit the lowest bid must be notified that their bids were not the lowest and they will not be selected to provide the commodity, and
12.4.4.c. Any vendor that submits a bid that is rejected must be notified of the rejection and upon request, the vendor must be provided with a reason for that rejection.
All notices relating to evaluation and award must be provided as close to simultaneously as practical.
12.5. Records. Any spending unit utilizing the delegated prequalification bidding described herein must maintain records of all requests for bids, bids received, bids awarded, bids rejected, and other correspondence related to the delegated prequalification bidding.
12.6. Purchasing Division Oversight. Notwithstanding anything contained herein to the contrary, the Purchasing Division may institute oversight procedures that require spending units to provide notices to the Purchasing Division and obtain approvals from the Purchasing Division prior to utilizing the delegated prequalification bidding. The Purchasing Division may also choose to conduct the delegated prequalification bidding on behalf of a spending unit if the Director determines additional oversight is warranted.
W. Va. Code R. § 148-1-13 Encumbrance
13.1. Authority. Authority to promulgate rules relating to encumbrance derives from W. Va. Code § 5A-3-4(a).
13.2. Definitions. The words and phrases used herein have the same meanings assigned to them in W. Va. Code §5A-1-1.
13.3. Account Designation. Spending units must designate the appropriate account from which funds to pay for a contract will be taken prior to a contract being awarded, unless the contemplated contract is a type that cannot be encumbered as determined by the Director.
13.4. Purchasing Division Review. Prior to issuing a contract, the Purchasing Division will verify that the amount of funds encumbered is appropriate and that the account being encumbered matches what the spending unit has requested.
13.5. Encumbrance Amounts. Contracts must be encumbered prior to issuance in the following amounts:
13.5.1. One-time purchase in current fiscal year. A spending unit seeking a contract for a onetime purchase to be completed in the current fiscal year must encumber the full contract amount.
13.5.2. Contract Spanning Multiple Years. A spending unit seeking a contract that will span multiple fiscal years must encumber at least the amount of funds that will be spent under the contract in the current fiscal year.
13.5.3. Contract to Begin in a Future Year. A spending unit seeking a contract that will be awarded prior to the end of a current fiscal year but will become effective after that same fiscal year has ended is not required to encumber funds prior to issuance of the contract.
13.5.4. Open-End and Statewide Contracts. A spending unit seeking an open-end contract or a statewide contract issued by the Purchasing Division is not required have funds encumbered prior to the issuance of the contract.
W. Va. Code R. § 148-1-14 Standardization
14.1. Standardization must be conducted in accordance with the procedure contained in W. Va. Code §5A-3-61. The process must be conducted in a manner that provides all interested parties an equal opportunity. For example, if one vendor is allowed to make an in-person demonstration, then all vendors will be afforded the same opportunity. Similarly, if one vendor is allowed to provide a sample, then all vendors have that same opportunity. Any testing undertaken by the spending unit must be uniformly applied to all commodities. In effect, the same evaluation process, testing methods, presentation opportunities, and other evaluation techniques will be applied uniformly to every vendor that submits a commodity for consideration.
Series 03 State-Owned Vehicles
W. Va. Code R. § 148-3-1 General
1.1. Scope. -- This legislative rule establishes guidelines for management of all motor vehicles with a vehicle rating of one-ton (3500/350) or less owned or possessed by the State of West Virginia or any of its departments, divisions, agencies, bureaus, boards, commissions, offices or authorities. This rule does not apply to all terrain vehicles (ATVs) or vehicles requiring a commercial driver’s license to operate. Spending units may request a determination of applicability from the Department of Administration Fleet Management Division for other special-use equipment. Factors determining eligibility will include the manufacturer’s intended use of the equipment, and any special training, certification, or additional licensures required for safe operation.
1.2. Authority. – W.Va. Code §5A-12-5.
1.3. Filing Date. March 12, 2024
1.4. Effective Date. March 12, 2024
1.5. Sunset provision. – This rule shall terminate and have no further force or effect on August 1, 2032.
W. Va. Code R. § 148-3-2 Definitions For purposes of these rules, unless a different meaning clearly appears from the context:
2.1. “Agency fleet coordinator” means the person within a spending unit designated to be the contact for the spending unit to the Fleet Management Division and for compiling and reporting vehicle information to the Fleet Management Division.
2.2. “Authorized passenger” means a personnel classification such as agent, broker, contractor, persons involved in mission of mercy or medical emergency; volunteer acting in an official capacity, other personnel not employed by the State of West Virginia who have a connection with or may have an official business relationship with the State; and recipients of health, public safety, and welfare services performed by the State; and who are formally authorized by the spending unit director.
2.3. “Commuting” means the use of a state vehicle by an employee who has been assigned a state vehicle, whether permanent or temporary, to drive to and from the employee’s home and regular place of employment, in accordance with the Internal Revenue Service Publication 15-B, Employer’s Tax Guide to Fringe Benefits.
2.4. “De Minimis personal use” means the use of a state-owned vehicle for personal purposes, of which the value of that personal use is so small that accounting for it would be unreasonable and administratively impractical, including while commuting when permitted, in accordance with the Internal Revenue Service Publication 15-B, Employer’s Tax Guide to Fringe Benefits.
2.5. “Fleet Management Division” means the agency within the Department of Administration that manages state-owned vehicles, including purchase, fueling, maintenance and repairs.
2.6. “Hazardous material” means materials that are radioactive, flammable, explosive, corrosive, oxidizing, asphyxiating, biohazardous, toxic pathogenic, or allergic. Also included are physical characteristics such as compressed gases and liquids or hot materials, including all materials that may render them hazardous in specific circumstances.
2.7. “Indirect costs” means expenses of operating state-owned vehicles that may not be attributable to a specific vehicle, such as expenses for cleaning supplies, shop supplies, small parts, office and administrative expenses attributable to agency fleet coordinator activity, training for agency fleet coordinators or drivers, facilities costs, administrative overhead, parking, or equipment.
2.8. “Pool vehicle” means a vehicle that is owned by a spending unit and is available for use by multiple employees in the performance of their job duties.
2.9. “State-owned vehicle” means any vehicle that is owned, operated or acquired, regardless of intended use, by the State of West Virginia on which a state vehicle license plate is required, but does not include employees’ personal vehicles used for official state business or vehicles rented on behalf of a state agency.
2.10. “Spending unit” means the department, agency or institution of the state government for which an appropriation is requested, or which an appropriation is made by the Legislature as defined by W.Va. Code §5A-1-1.
2.11. “Under-utilized vehicle” means a vehicle that does not meet the standards set forth in Section 9 of this rule and has received a waiver for the minimum mileage requirement by the Fleet Management Division.
2.12. “Vehicle log” means the record of state vehicle use, specific to each state vehicle, maintained by the driver and reported to the agency fleet coordinator.
W. Va. Code R. § 148-3-3 Agency Fleet Coordinators
3.1. Each spending unit which utilizes state-owned vehicles shall designate an agency fleet coordinator as point of contact between the agency and the Fleet Management Division. The agency fleet coordinator will be charged with tracking the agency’s state-owned vehicles, reporting required information to the Fleet Management Division, and communicating with the Fleet Management Division regarding management of the vehicles assigned to the agency. On or before July 1, 2018, each spending unit shall designate an agency fleet coordinator on the form prescribed by the Fleet Management Division and notify the Fleet Management Division within 30 days of any change in designated agency fleet coordinator.
3.2. Agency fleet coordinators are responsible for ensuring employees assigned a state-owned vehicle by the spending unit are familiar with all rules, policies and programs related to state-owned vehicle use. Agency fleet coordinators are required to review and document driver understanding of these rules, policies and programs no later than January 15th, each calendar year on the form designated by the Fleet Management Division.
3.3. On or before July 1, 2018, each agency fleet coordinator shall input identifying information of each state-owned vehicle which the agency fleet coordinator manages into the centralized inventory database governed by the Enterprise Resource Planning Board in a manner designated by the Fleet Management Division.
W. Va. Code R. § 148-3-4 Purchase of New or Replacement Vehicles
4.1. Regardless of means of acquisition, a spending unit may not add or replace vehicles in its fleet without prior notification and approval by the Fleet Management Division. The request shall be made on the form prescribed by the Fleet Management Division. The Fleet Management Division shall respond to the request by the spending unit within five business days of receiving the request.
4.2. The Fleet Management Division will approve the purchase of a new vehicle to replace an existing vehicle:
4.2.a. if the existing vehicle is more than five years old and has more than 120,000 miles,
4.2.b. if the existing vehicle is destroyed and is considered a total loss, or
4.2.c. if the existing vehicle requires repairs or maintenance with costs that cannot be justified based upon the remaining life of the vehicle.
W. Va. Code R. § 148-3-5 Financing arrangements for state-owned vehicles
5.1. To facilitate vehicle purchases for agencies, the Fleet Management Division may use appropriated funds to secure credit for vehicle purchases and offer financing arrangements to agencies for the purchase of new vehicles.
5.1.a. The Fleet Management Division will retain title to the state-owned vehicle.
5.1.b. The financing agreements will be for a period of at least 12 months and no more than 48 months.
5.2. The purchasing agency is responsible for regular maintenance, upkeep and operation costs of a vehicle subject to a financing agreement.
5.3. The Fleet Management Division may terminate the financing agreement when the purchasing agency becomes more than 90 days delinquent on regular monthly payments, when the purchasing agency fails to adequately maintain the vehicle, or when the purchasing agency uses the vehicle inconsistent with its intended purpose.
W. Va. Code R. § 148-3-6 Title and registration of state-owned vehicles
6.1. All state-owned vehicles shall be titled in the same manner as the centralized inventory database governed by the Enterprise Resource Planning Board.
6.2. Spending units must provide the Fleet Management Division with a copy of the title and registration of all state-owned vehicles, regardless of the means by which the vehicle was acquired, within 30 days of acquisition. If an agency has a state-owned vehicle that does not comply with the requirements of subsection 6.1 this rule, the agency shall obtain a corrected title and provide a copy to the Fleet Management Division.
6.3. When a spending unit dispenses with a state-owned vehicle, the spending unit shall provide a copy of the executed title to the Fleet Management Division within 30 days of dispensation. Additionally, the agency shall remove the vehicle from its inventory in the centralized inventory database governed by the Enterprise Resource Planning Board and notify the Division of Motor Vehicles that the vehicle is no longer assigned to the agency.
6.4. State-owned vehicles shall be licensed with the official state license plate on the rear bumper and display the “State Car” license plate on the front bumper, except for those vehicles authorized to display a Class A license plate pursuant to West Virginia Code §17A-3-23.
W. Va. Code R. § 148-3-7 Permissible use and care of state-owned vehicles
7.1. It is the responsibility of the spending unit to monitor vehicle use and take appropriate action when an employee’s use of the vehicle is not in accordance with this rule.
7.1.a. State-owned vehicles may be used or occupied by state employees, non-employees, (such as agency-approved contractors or their agents), volunteers acting in an official capacity, or authorized passengers as defined in this rule. No passengers other than state employees, non-employees, and authorized passengers are permitted in vehicles without specific approval of the spending officer.
7.2. A state-owned vehicle may be used for official state business only by either primarily one employee or by multiple employees as a pool vehicle.
7.2.a. Use by primarily one driver.
7.2.a.1. State-owned vehicles may be assigned to an employee whose job duties require continuous access to a vehicle.
7.2.a.2. The driver to which the vehicle is assigned is responsible for recording information that must be reported to the agency fleet coordinator and the Fleet Management Division.
7.2.b. Use by multiple drivers as a pool vehicle.
7.2.b.1. When a state-owned vehicle is used by multiple employees, the vehicle must be kept on state-owned or leased property when not in use, if practical.
7.2.b.2. Each driver of the pool vehicle is responsible for recording information that must be reported to the agency fleet coordinator and the Fleet Management Division when the driver is using the vehicle.
7.3. State-owned vehicles cannot be used for personal use except for de minimis personal use.
7.4. Preventive Maintenance of state-owned vehicles is the responsibility of the spending unit to which the vehicle is assigned. Routine checking of tire pressure, tire wear, as well as other safety-related equipment is the responsibility of the driver, or in the case of a pool vehicle, the responsibility of the spending unit.
7.4.a. All preventive maintenance costs must be reported to the Fleet Management Division or arranged through the maintenance program provided by the Fleet Management Division.
7.4.b. The cost of repairs to or replacement of a state-owned vehicle as a result of failure to obtain preventive maintenance on a regular and routine basis is the responsibility of the spending unit to which the vehicle is assigned. The spending unit may seek reimbursement from the driver for misuse or abuse of the state-owned vehicle.
7.4.c. All preventive maintenance, service and safety recalls must follow manufacturers recommendations.
7.5. State-owned vehicles must be refueled using the fuel management program offered by the Fleet Management Office.
7.6. Routine cleaning and upkeep of the vehicle is the responsibility of the assigned driver, or in the case of a pool vehicle, the responsibility of the spending unit.
7.7. Smoking or the use of e-cigarettes or smokeless tobacco is prohibited in state-owned vehicles. Smoking is prohibited while the driver is refueling the vehicle.
7.8. All state-owned and leased vehicles must have a valid state inspection sticker at all times.
7.9. Insurance coverage is provided for state-owned vehicles by the Board of Risk and Insurance Management. Proof of insurance is provided by the Fleet Management Division. The agency fleet coordinator is responsible for ensuring that proof of insurance is placed in each vehicle.
7.10. Each state-owned vehicle shall have a vehicle log sheet associated with the vehicle. Drivers, whether the vehicle is assigned to an individual or is used by multiple drivers, shall record the driver’s name and information related to total mileage, miles commuted, destinations and purpose.
W. Va. Code R. § 148-3-8 Safe Operation
8.1. The assigned driver or drivers of state-owned vehicles are responsible for the safe operation of the vehicle according to all laws, ordinances and rules governing the operation of any vehicle.
8.2. Whenever a state-owned vehicle is unattended, the driver shall, when practical, turn the vehicle off, remove the keys, close all windows, lock all doors/hatch/trunk/tool boxes, and remove or conceal any valuable items.
8.3. All drivers of state-owned vehicles must have a valid driver’s license that is not suspended or revoked.
8.4. The use of a wireless electronic communication device by the driver of a state-owned vehicle is prohibited while the vehicle is in motion, except when the device is a hands-free wireless electronic communication device being used hands-free. The use of a hands-free electronic communication device means to verbally or visually communicate, message, or otherwise exchange information. The use of a handheld communication device is permissible according to the provisions of W.Va. Code §17C-14-15(c).
8.5. Hazardous material transported in state-owned vehicles must be kept in a secured container and in accordance with the requirements of the U.S. Department of Transportation Hazardous Materials rules found in 49 CFR §172, and with applicable state or local laws and regulations.
8.6. Reporting and review of accidents, damage and violations.
8.6.a. Accidents or any damage to state-owned vehicles must be reported to the Board of Risk and Insurance Management by the spending unit using the designated form as soon as practical after the accident occurs.
8.6.b. The spending unit will take any necessary measures to prevent future accidents, damage or violations such as driver training or employee discipline if the failure of the driver to properly operate and maintain the vehicle is found to be the cause of the accident or damage to the vehicle, or results in a violation.
8.6.c. In the event of an accident or violation, or periodically, to determine operator license status, the Fleet Management Division or spending unit may request and review the driving records of an employee assigned a state-owned vehicle. Any information affecting employability or insurability will be referred to the spending unit for action as appropriate.
W. Va. Code R. § 148-3-9 Minimum Utilization
9.1. To ensure proper utilization and to justify the size of the state’s fleet, state-owned vehicles must meet an annual average minimum monthly mileage of 1,100, less any commuting miles.
9.2. For vehicles with an annual average of less than 1,100 miles per month, if the spending unit wishes to retain the vehicle, the spending unit must request a waiver from the minimum mileage required in Subsection 9.1 of this section. The request shall be submitted to the Fleet Management Division on the prescribed form. A waiver granted by the Fleet Management Division is valid until the end of the fiscal year and must be resubmitted by the spending unit annually.
9.3. Requests for waiver of the average minimum monthly mileage will be categorized as follows:
9.3.a. PSV - Vehicles assigned to public safety officers.
9.3.b. SEV - Vehicles assigned to employees whose job duties require the constant use or continuous availability of specialized equipment which cannot feasibly or economically be transferred between a pool vehicle or carried in personal vehicles. Such equipment may include medical supplies, monitoring or testing equipment, or equipment necessary to carry out the mission of the spending unit.
9.3.c. ERV - Vehicles assigned to employees who are on call 24-hours a day, or who must respond to emergencies on a regular or continuing basis where the location requiring the emergency response is not the employee’s regular workplace.
9.3.d. ETV - Vehicles assigned to employees for essential travel related to the transportation of authorized passengers on a routine basis; or for the essential administrative functions of a spending unit for which the use of a temporary assignment vehicle, daily rental vehicle, long-term lease vehicle, or use of a person vehicle with mileage reimbursement is neither feasible or economical.
9.3.e. ENV - Vehicles that are free of liens and are both economical and necessary for the spending unit to fulfill its necessary functions. No more than 20 percent of the spending unit’s vehicles may be granted a waiver under this justification.
9.4. In requesting a waiver from average minimum monthly mileage for vehicles categorized according to subdivision 9.3.b. or subdivision 9.3.c. of this subsection, the spending unit must report the number of times a vehicle was used annually outside of the employee’s regular work schedule.
9.5. The Fleet Management Division will notify the spending unit in writing of its approval or rejection of the request for waiver of average minimum monthly mileage within 15 days of receipt of the request.
9.6. The spending unit may appeal the decision of the Fleet Management Division for request for waiver of average minimum monthly mileage to the Secretary of the Department of Administration. The appeal must be received by the Secretary within 15 days of receipt of the decision of the Fleet Management Division.
9.7. After a final denial of waiver of average minimum monthly mileage of a state-owned vehicle, or if the spending unit voluntarily surrenders a vehicle that is under-utilized, the Fleet Management Division may recommend an inter-agency transfer of the vehicle to another spending unit, or may recommend transferring the vehicle to the State Agency for Surplus Property for disposition.
9.7.a. In the event of an inter-agency transfer of a vehicle that is not subject to a financing arrangement, the spending unit acquiring the transferred vehicle shall pay to the spending unit transferring the vehicle an amount equal to the expected sale proceeds by the State Agency for Surplus Property at the end of the useful life of the vehicle based upon comparable salvage values obtained by the State Agency for Surplus Property when that agency sells retired vehicles. The payment shall be reduced by an amount equal to the fee that would have been collected by the State Agency for Surplus Property if it were selling the vehicle after retirement. The payment may be waived in whole or in part by the transferring spending unit.
9.7.b. If a vehicle that is subject to a financing arrangement is transferred to another agency because of under-utilization, the spending unit receiving the vehicle will make all remaining payments on the debt obligation of the vehicle after the date of transfer.
9.7.c. For vehicles not subject to a financing arrangement, a new title for the transferred vehicle will be issued with the receiving spending unit as owner.
9.7.d. After the transfer, the receiving spending unit will be responsible for all routine maintenance and operating costs of the vehicle. The spending unit shall input the vehicles identifying information into the centralized inventory database maintained by the Enterprise Resource Planning Board.
9.8. An inter-agency transfer of a state-owned vehicle does not constitute authority of the receiving spending unit to increase its fleet size. The receiving agency must have requested authority to purchase an additional state-owned vehicle to be eligible to receive a vehicle through an inter-agency transfer.
9.9. The transferring spending unit may not replace the transferred vehicle with another vehicle without requesting authority to add another vehicle to its fleet from the Fleet Management Division.
W. Va. Code R. § 148-3-10 Commuting in state-owned vehicles
10.1. State-owned vehicles that are assigned primarily to one employee may be used for commuting to and from the employee’s regular workplace so long as the commuting value is calculated and reported as a fringe benefit.
10.2. Commuting value shall be calculated in accordance with Internal Revenue Service Publication 15-B, Employer’s Tax Guide to Fringe Benefits.
10.3. If an employee has been assigned a vehicle and the vehicle is used to commute to and from the employee’s regular workplace during that temporary assignment, commuting value must be calculated and reported for the days the employee used the state-owned vehicle to commute.
10.3.a. The employee assigned to the vehicle is responsible for accurately collecting information needed to calculate the commuting value and reporting to the appropriate person within the spending unit that manages payroll.
10.4. The spending unit shall report the commuting value as wages and salary to the Internal Revenue Service and the State of West Virginia and shall report the commuting value at least annually to the Fleet Management Division on the prescribed form.
10.5. Failure to submit the prescribed form may result in the termination of the assignment of a vehicle to the employee, will result in a determination by the spending unit business office that miles driven during the unreported period are personal use miles, and may result in applicable penalties levied by the Internal Revenue Service.
W. Va. Code R. § 148-3-11 State-owned vehicle data required to be reported to the Fleet Management Office
11.1. Each spending unit with state-owned vehicles shall conduct an annual survey of its fleet and reconcile its vehicle records with those of the Fleet Management Division and with the centralized inventory database maintained by the Enterprise Resource Planning Board.
11.2. Agency fleet coordinators shall provide by October 31st each year, or upon request, to the Fleet Management Division data on each state-owned vehicle, including:
11.2.a. vehicle identification number;
11.2.b. manufacturer, make, model and year of the vehicle;
11.2.c. class or type of each vehicle;
11.2.d. license plate number of each vehicle;
11.2.e. date of acquisition of each vehicle;
11.2.f. vehicle inspection records of each vehicle;
11.2.g. annual costs associated with vehicle rental expenses;
11.2.h. annual reimbursement by the agency for employees’ personal vehicle use, which shall include total miles and reimbursement rate;
11.2.i. funding source for each vehicle (department number, unit number and fund number);
11.2.j. odometer readings for each vehicle;
11.2.k. fuel usage of each vehicle;
11.2.l. all maintenance events associated with each vehicle; and
11.2.m. annual total indirect costs of operating state-owned vehicles for the agency.
11.3. The Fleet Management Division will provide to the Governor and Joint Committee on Government and Finance an annual report of state vehicle usage, including operating costs and the number of vehicles.
W. Va. Code R. § 148-3-12 Vehicle management programs provided by the Fleet Management Office
12.1. The Fleet Management Division will offer to spending units vehicle management programs including, but not limited to fuel purchasing, repairs and maintenance management, towing, and short-term vehicle rentals. If the Fleet Management Division provides a fuel or maintenance management program, agencies with state-owned vehicles must utilize the program provided. Agencies may request in writing an exemption from the management program with justification for the exemption. The Fleet Management Division will evaluate the request for exemption and recommend approval or denial of the request to the Secretary of the Department of Administration, who will make the final decision on approval or denial of the request for exemption.
12.2. Fuel purchases.
12.2.a. Fuel purchases made outside the fuel program provided by the Fleet Management Division must be reported to the Fleet Management Division on a per-vehicle basis. The mechanism to purchase fuel outside the program provided by the Fleet Management Division must be approved by the Fleet Management Division.
12.2.b. Vehicles enrolled in the fuel program provided by the Fleet Management Division must purchase all third-party fuel through the provided program.
12.2.c. All fuel purchases must be for regular unleaded or diesel, unless a higher grade or other type of fuel is required by the manufacturer. Any exception must be requested in writing by the spending unit and approved by the Fleet Management Division.
12.3. Repairs and maintenance.
12.3.a. All repairs and maintenance events must be reported and approved by the Fleet Management Division, regardless of whether the vehicle is enrolled in a maintenance management program provided by the Fleet Management Division.
12.3.b. The cost of repairs or replacement as a result of the vehicle not being maintained on a regular and routine basis are the responsibility of the spending unit to which the vehicle is assigned. It is the discretion of the head of the spending unit to take appropriate action with the vehicle operator.
12.4. Short-term rental pool.
12.4.a. The Fleet Management Division may maintain a pool of vehicles for short-term use by any agency that wishes to use a state vehicle when ownership of a vehicle may not be justifiable.
12.4.b. The Fleet Management Division is authorized to charge rental fees to agencies for use of the short-term rental pool vehicle.
12.5. The Fleet Management Division may collect an administrative fee from spending units for each vehicle assigned to the spending unit to offset the cost of vehicle management programs provided by the Fleet Management Division.
12.5.a. The administrative fee must be approved by the Secretary of the Department of Administration.
12.5.b. The Fleet Management Division may suspend any vehicle management services provided for any spending unit that becomes delinquent more than 90 days in administrative fees due, or for vehicles subject to a financing arrangement, the Fleet Management Division may require the return of the vehicle.
Series 04 State Plan for the Operation of the West Virginia State Agency for Surplus Property
W. Va. Code R. § 148-4-1 General
1.1. Scope. - This State Plan of Operation establishes the guidelines by which the State Agency for Surplus Property must function.
1.2. Authority. -- W. Va. Code §5A-3-43, 44, and 45. See Appendix A of the State Plan of Operations.
1.3. Filing Date. - April 13, 2015
1.4. Effective Date. -- July 1, 2015
1.5. Repeal of Former Rule. -- This rule repeals the Department of Finance and Administration, Surplus Property Division, West Virginia Code article eight, chapter five-a, Series I, State Plan of Operation, filed in 1983.
W. Va. Code R. § 148-4-2 Designation of a State Agency for Surplus Property The West Virginia State Agency for Surplus Property is the responsible entity for administering the State Plan of Operations that governs various aspects of the federal surplus property program
W. Va. Code R. § 148-4-3 Definitions
3.1. The terms listed in this section will have the meanings assigned to them herein.
3.1.a. "Agency" or "SASP" means West Virginia State Agency for Surplus Property.
3.1.b. "Cannibalization" means the secondary utilization of property by dissembling and use of components.
3.1.c. "Compliance" means abiding by the terms and conditions regarding the utilization of federal surplus property.
3.1.d. "Donee" means organizations approved to acquire federal surplus property in accordance to federal eligibility guidelines.
3.1.e. "Eligibility" means the criteria established by 40 U.S.C. section 549 to determine approval of organizations to participate in the federal surplus property program.
3.1.f. "GSA" means U.S. General Services Administration.
3.1.g. "Service charge" means the monetary fee collected by the SASP from eligible recipients for direct and indirect costs of the SASP's operation.
3.1.h. "Standard Form 123" means the form used to transfer federal surplus personal property
3.1.i. "State Plan" or "Plan" means the State Plan of Operations that governs various aspects of the federal surplus property program.
W. Va. Code R. § 148-4-4 Functions of the SASP
4.1. The major functions of the SASP include acquiring, warehousing and distributing surplus property to eligible donees, carrying out other requirements of the State plan, and providing details concerning the organization of the SASP, including supervision, staffing, structure and physical facilities.
4.2. The SASP develops and implements policies, procedures and regulations for the overall program operation; establishes liaison relationships with federal, state and local organizations for the equitable distribution of federal surplus personal property; conducts investigations and studies for evaluation of service, considers long-range improvement and expansion of the Surplus Property Program; supervises SASP staff, assignment of duties and evaluation of personnel; determines eligibility, in accordance with federal requirements; determines the relative needs and resources of the donees and their ability to use surplus personal property; and establishes a comprehensive system of identifying and reviewing all available property including arranging for inspection, screening and transporting of such property either by a direct donee pickup or by the SASP.
4.3. The SASP audits for State plan by checks and enforcement where violations may be determined.
Federal surplus equipment with an acquisition cost of five thousand dollars ($5,000) or greater is placed in the hands of the donees with certain restrictions. The major restriction is that the property must be used for the purpose intended for at least eighteen (18) months. During this period, it is the responsibility of SASP to initiate State plan checks at regular intervals.
4.4. The SASP maintains accurate financial records and prepares monthly financial reports.
4.5. The SASP handles the warehousing, acquisition and distribution, and allocation.
4.5.a. Warehousing is responsibility for moving property into and out of the warehouse, including unloading incoming shipments, placing the property in its proper location in the warehouse and removing it when it is donated. The SASP also is responsible for warehouse security.
4.5.b .. Federal screening for federal surplus at the federal installations is a responsibility of the SASP as is arranging for picking up the property and delivering it to the SASP warehouse. It is necessary for the SASP to maintain operating equipment to perform this function.
4.5.c. Day-to-day federal sales to various donees are a responsibility of the SASP as well as arranging for public sale, as approved by General Services Administration (GSA).
4.6. SASP Organizational Structure. The West Virginia State SASP for Surplus Property is under the jurisdiction of the Department of Administration and is designated as the SASP responsible for administering the Surplus Property Program in West Virginia. This property is owned by the State of West Virginia. The SASP has unit status under the Program Services Section of the Purchasing Division, Department of Administration. See Appendix D of the State Plan of Operations. The state official overseeing the SASP is Assistant Purchasing Director and Manager of the SASP. This official's direct supervisor is the State Purchasing Director.
W. Va. Code R. § 148-4-5 SASP Operations
5.1. Accounting. Accounting services are provided to the SASP by the Finance Division, Department of Administration. These services include procurement; accounts payable; billing; accounts receivable; processing payroll; and general accounting. The procedures used by the Finance Division are based upon Generally Accepted Accounting Principles.
5.2. Warehousing, Inventory, Distribution. As soon as full identification is completed, all property received will be checked in promptly. The Standard Form 123 is used as the basis for checking property into the warehouse and also entering it into the SASP master file. To supplement Form 123, the SASP also verifies property received through shipping documents, invoices, trucking bills of loading and donee's direct pickup reports. After processing the Standard Form 123, a distribution document is prepared and sent to the donee for signature and payment. Both the Standard Form 123 and the distribution document form can be found in Appendix C of the State Plan of Operations. Exceptions or differences in a line item on Form 123 are noted on a receiving report and a Shortage and Overage Report. A copy of this report is sent to GSA. After discrepancies are resolved, the data is entered into the system. Any line item overage with an estimated market value or acquisition cost of over five hundred dollars ($500) will be noted on Form 123 and sent to the GSA for approval. Also, line item shortages greater than three hundred dollars ($300) must be reported. All property issued to eligible donees is recorded on a distribution document which has provisions for recording the name of the item, the item number, quantity, acquisition value and service charge. If and when federal inventory is warehoused, a spot check of the property at the warehouse will be made and reconciled with the system data. Any necessary adjustments are reported to the Manager of the SASP for approval or additional follow up.
5.3. Record Keeping. The SASP maintains accurate records of all federal surplus personal property received, warehoused, distributed or otherwise disposed. Separate files are maintained for all passenger motor vehicles or items with an acquisition cost of five thousand dollars ($5,000) or greater. These files are maintained and updated during the restriction period. Federal property obtained by the SASP for its own use will be maintained on separate records from those of donable property.
5.4. Screening. Eligible donees may screen federal property electronically. To acquire federal property through this means, the donee must complete the transaction through the SASP.
W. Va. Code R. § 148-4-6 Return of Donated Property
6.1. Requirement of SASP to provide for return of donated property if property is still usable as determined by SASP, and donee has not used property for purpose within one year. When the SASP determines (1) that property is still usable, and (2) has not been put into use by a donee within one (1) year from the date of receipt of the property or when the donee has not used the property for period of restricted use under the terms and conditions of the application for eligibility signed by the administrative officer as a condition of eligibility, the donee must return the property at its own expense to the SASP warehouse; transfer the property to another eligible donee as directed by the SASP, or make such other disposal of the property as the SASP may direct. For the application for eligibility, see Appendix C of the State Plan of Operations.
6.2. Donee need ends but restriction period still in place. When a donee no longer has a need or use for donated property which is currently under a period of state plan restriction and no breach of these restrictions has occurred, the donee may be reimbursed on a pro-rated basis for the following expenses when the property is transferred to another donee or a federal SASP, or sold for the benefit and account of either the State of West Virginia or the United States of America:
6.2.a. Reimbursable Expenses:
(1) Service charges paid to the SASP;
(2) Transportation charges paid by the donee in initially acquiring the property;
(3) Initial costs of repairs required to make the item usable.
The SASP will recommend for GSA approval the amount of reimbursement to which the donee is entitled, taking into consideration the benefit the donee has received from the use of the property and making appropriate deductions therefore. In the case of sale, reimbursement to a donee for any item shall not exceed the proceeds of the sale of the item.
6.3. Communication of Return Requirements. The SASP will emphasize the requirements for the return of unused donated property at meetings and when issuing information to donees, as well as when conducting surveys and state plan visits.
6.4. Return of property. Return of surplus property may be accomplished by:
6.4.a. Physical return to SASP, if required;
6.4.b. Re-transfer to another donee, SASP or federal SASP, as designated by the SASP
6.4.c. Disposal by sale or other means, as directed by the SASP.
6.5. Return Request and Approval. When a donee requests to return donated property it must be made in writing (written request). SASP determines the appropriate action and then will contact GSA for approval.
W. Va. Code R. § 148-4-7 Financing and Service Charges
7.1. Financing of SASP. The SASP will assess and collect service charges from participating donees to cover direct and reasonable indirect cost of SASP activities. The methodology of computing service charges can be found in Appendix B of the State Plan of Operations.
7.2. Service Charges. All charges and fees collected shall be deposited in the state treasury's revolving account for the SASP. These funds shall not become a part of the general revenue fund. All service charges will be fair and equitable and reasonable with respect to the value and condition of the property donated. In cases where the SASP services are minimal or are limited to document processing, the service charge will not exceed ten percent (10%) of acquisition cost of the property. Service charge funds are deposited in a state account separate from the state surplus property.
7.3. Distribution to nonprofits for homeless assistance. Property made available to non-profit providers of assistance to homeless individuals shall be distributed at nominal cost for care and handling of property.
7.4. Accumulation of Funds. Funds accumulated from service charges or other sources are to be used for the operation of the SASP and for the benefit of participating donees. These funds are used for administrative costs to operate the SASP.
7.5. State Law Affirmation. West Virginia state law allows for service charges to be deposited.
7.6. Authority for Facilities Improvement. West Virginia Code §5A-3-45 provides the SASP the
authority to acquire or improve SASP facilities. In the event a determination is made by state officials to liquidate the SASP, a liquidation plan will be prepared in accordance with 41 CFR 102-37.
7.7. Working Capitol Reserve. The SASP will be financed primarily through collection of service charges that are fair and equitable based on services preformed for property issued to eligible recipients.
Service charge funds will be used to cover direct and indirect costs of the SASP's operation, including but not limited to, screening, transportation, shipping and handling, the purchase and maintenance of necessary equipment and facilities, and maintaining a reasonable working capital reserve. This reserve will not exceed the total amount of operational expenses for a two-year period. The method of computing the service charge will be by percentage of the acquisition cost. See the attached service charge fee schedule in Appendix B of the State Plan of Operation.
7.8. Refunds. The SASP does not issue refunds; however, should there be an excess in working capital, refunds shall be made to donees in the form of a reduction in service charges to maintain adequate limits.
W. Va. Code R. § 148-4-8 Terms and Conditions on Donated Property
8.1. Period of use restrictions. The following period of restrictions are established by the SASP.
8.1.a. Property with the unit acquisition cost of five thousand dollars ($5,000) or more is restricted from sale or disposal by the donee for eighteen (18) months from the date the property is placed into use;
8.1.b. All passenger motor vehicles, regardless of acquisition cost, are restricted from sale or disposal by the donee for eighteen (18) months from the date the property is placed into use;
8.1.c. Noncombat aircraft and vessels (fifty (50) feet or more in length) with a unit cost of five thousand dollars ($5,000) or more are restricted from sale or disposal by the donee for a period of five (5) years from the date the property is placed into use. Such donations will be subject to the conditional transfer document requirements. The conditional transfer document is located in
Appendix C of the State Plan of Operation.
8.1.d. Combat aircraft are restricted from sale or disposal by the donee in perpetuity. This type of aircraft is also subject to conditional transfer document requirements. The conditional transfer document is located in Appendix C of the State Plan of Operation.
8.2. SASP may impose reasonable terms and conditions on use of other donated property The SASP may place restrictions on items with a unit acquisition cost under five thousand dollars ($5,000). If such restrictions are deemed necessary, they will be listed on the distribution document. The distribution document can be found in Appendix C of the State Plan of Operation. The SASP may amend, modify or grant release on any terms, conditions, reservations or restrictions it has imposed on donated property in accordance with the following standard provided that the conditions pertinent to each situation have been affirmatively demonstrated to the prior satisfaction of the SASP and made a matter of public record.
8.2.a. Secondary utilization or cannibalization may be accomplished provided that:
8.2.a.1. Disassembly of the item for use of its component parts for secondary use or repair and maintenance of a similar item has greater potential benefit than utilization of the item in its existing form.
8.2.a.2. Items approved for disassembly or cannibalization will remain under the period of restriction imposed by the transfer document pending completion of the proposed secondary use or cannibalization.
8.2.a.3. A written report of such action is made by the donee to the SASP, listing all components resulting from the secondary utilization or cannibalization which have a single acquisition cost of five thousand dollars ($5,000) or more. These components will remain under the restrictions imposed by the transfer document. Components with a single acquisition cost or less than five thousand dollars ($5,000) will be released from the restrictions imposed by the transfer document.
However, these components will continue to be used or be otherwise disposed of in accordance with applicable law and regulations.
8.2.b. Trade-in of an item on a similar replacement: An item of donated personal property may be traded in or used as whole or part payment for another like item of property provided that:
8.2.b.1. The item traded in is not, when the request is made, in non-state plan status for violation of the terms, conditions, reservations or restrictions placed upon it.
8.2.b.2. The item traded in has been used by the donee for eligible purposes for at least twelve (12) months from the date of being placed into use, and it has been demonstrated that the trade-in will result in increased utilization value to the donee.
8.2.b.3. The trade-in is on a one-for-one basis only, i.e., one (1) donated item being traded for one (1) like item having similar use potential.
8.2.b.4. The item being acquired has an estimated market value at least equal to the estimated market value of the item being traded in.
8.2.b.5. The item acquired is made subject to the period of restriction remaining on the item trade-in.
8.2.b.6. Prior written approved of the GSA is required for property under federal restrictions or special handling conditions or use limitations imposed by GSA.
8.2.c. Abrogation: Except in cases involving the failure to use or the misuse of donated property, abrogation of restrictions imposed by the SASP in the transfer document may be authorized upon payment to the SASP of an amount representing the fair market value at the time of donation less a credit for the time the property was used for the purpose for which donated, during the period of restriction. Provided that the SASP determines that such action will not result in excessive revenue to the donee and provided further, that the property has been used for at least twelve (12) months from the date of being placed in use.
8.2.d. Revision of the acquisition cost. The acquisition cost of a donated item may be revised provided that the request is made in writing by the donee, and it is determined by the SASP that the listed acquisition cost is unrealistic in view of its research and development costs, its incompleteness due to missing parts or its generally deteriorated condition. This revision will be coordinated with the GSA in order to affect fair adjustment of entitlement statistics.
8.2.e. Destruction and abandonment: A donated item of personal property may be destroyed or abandoned by a donee when it is determined that the item has no commercial value or the estimated cost of its continued care and handling would exceed the estimated proceeds from its sale. The determination will be based on a finding made in writing by the SASP and, in accordance with 41 CFR 102-37, the SASP will prescribe the means and methods whereby the property is destroyed or abandoned.
8.3. Enforcement of State Plan: The enforcement of the terms and conditions, reservations and restrictions imposed by the SASP of donated property, or the remedy of breaches of such terms and conditions, may be satisfied:
8.3.a. When payment is made to the SASP for any and all fair rental values due and payable for any unauthorized use of donated property; or,
8.3.b. When payment is made to the SASP for either the fair market value or gross proceeds of sale, whichever is in the best interest of the State, for the unauthorized disposal or destruction of donated property; or,
8.3.c. When donated property is recovered by the SASP, custody accountability and distribution of such reverted property are the responsibilities of the SASP; or,
8.3.d. When payment collected is remitted to the GSA for deposit in the U.S. Treasury, in accordance with 41 CFR 102-37.
8.4. Reduction in the Period of Restriction: Provided an item of donated property is not in State plan status, a reduction in the period of restriction may be authorized when a revised standard covering the period of restriction is promulgated by the SASP. The reduction in the period of restriction only applies to those imposed by the State over those imposed by law and /or GSA.
8.5. The SASP will impose on the donation of any surplus item of property, regardless of acquisition cost, such conditions involving special handling or use limitations as GSA may determine necessary because of the characteristics of the property. The SASP will impose on all donees the statutory requirement that all items donated must be placed into use within one (1) year of donation and be used for one (1) year thereafter or otherwise returned to the SASP while the property is still usable.
8.6. SASP will impose on donation of property regardless of unit acquisition cost, such conditions involving special handling or use limitations as determined by GSA. The application for eligibility outlines the terms, conditions, reservations and restrictions under which all federal surplus personal property will be donated. This form must be signed by the chief executive officer of the donee agreeing to these requirements prior to the donation of any surplus property. The terms and conditions stated in the form will also be printed on the distribution document. For the application for eligibility, see
Appendix C.
W. Va. Code R. § 148-4-9 Unutilized or Undistributed Property
9.1. When determined by the SASP that donable surplus property in its possession cannot be used by any eligible donees, the property will be disposed of by the following methods (subject to approval or disapproval by the GSA within thirty (30) days after written notification).
9.1.a. Transfer to another SASP or federal SASP. The SASP will offer the property for transfer to another state SASP.
9.1.b. Transfer to GSA sale center. The SASP will transfer the property to a GSA regional property sales center, if approved by GSA.
9.1.c. Abandonment or destruction. The SASP will abandon and destroy property that has no commercial value or the estimated cost of its continued care and handling would exceed proceeds from a sale.
9.1.d. Other arrangements. The SASP will dispose of property as prescribed by GSA.
9.2. Reimbursement for the costs of care and handling incurred by the SASP, with respect to federal reutilization or public sale of property in its possession will be requested from GSA. With respect to property which is sold as one of the options of disposal. Reimbursement requests will include:
9.2.a. Direct costs incurred by the original federal holding SASP and subsequently billed to or paid by the SASP, including, but not limited to, packing, preparation for shipment and loading.
9.2.b. Transportation costs paid or otherwise incurred by the SASP and not reimbursed by a donee to the SASP for initially moving the property from the federal holding SASP to the SASP distribution facility or other point of receipt designated by the SASP.
9.2.c. The reimbursement ratio as provided for in the cooperative agreement between GSA and the SASP relating to public sale.
Reimbursement request will be based on the requirements of 41 CFR 102-37.
W. Va. Code R. § 148-4-10 Fair and Equitable Distribution
10.1. Distribution. All property located at the SASP warehouse will be distributed on a first-come firstserve basis, except where there are multiple numbers of donees competing for the same property.
10.2. SASP to make fair and equitable distribution of property to eligible donees based on relative needs and resources and ability to use property. If multiple donnees are competing for the same property, the donees will be prioritized according to the following criteria which are based on relative needs, relative resources and the donee's ability to utilize donated property:
10.2.a. The existence of a natural or man-made disaster in the donee's locale.
10.2.b. The urgency of need, including the proposed type of application of the property and time required by the donee to place the property to constructive use;
10.2.c. The comparative resources of the donee, i.e., the ability of the donees to acquire similar property through other means;
10.2.d. The ability of the donees to substitute other types of property;
10.2.e. The ability of the donees to replace, maintain and repair the equipment;
10.2.f. The ability of the donees to pick up property at either the federal installations or the SASP warehouse;
10.2.g. The ability of the donees to render prompt payment of service charges; and
10.2.h. The financial needs of the donee, including the ability to place the property in use for the
purpose for which it was acquired.
10.3. Policies and detailed procedures for effecting a prompt, fair and equitable distribution:
The process includes donees requesting items. Want lists will be maintained for specific property requested. In instances where multiple donees are competing on the want list for the same property, the SASP will decide on the donee based on its analysis of the situation and the criteria listed above in 10.2 above will be implemented once the property is allocated by the GSA.
10.4. Requirement that SASP select property requested by eligible donees and, if requested, arrange for shipment of property directly to donee.
To ensure all donees have equal access to information pertaining to the quantity, quality and types of property, the SASP may periodically issue notices. The state, as far as practical, will select property requested by the donee and arrange for shipment of property directly to the donee. For direct donations, at the SASP's discretion, donees may be responsible for picking up property or arranging for shipment of property directly to the donee.
W. Va. Code R. § 148-4-11 Eligibility
11.1. Determination of Eligibility. The manager of the SASP will determine the eligibility of applicants to participate in and receive surplus personal property through the program established by 40 U.S.C.
section 549. Standards and guidelines contained in 40 U.S.C. section 549 will be followed in making the determination of eligibility for each applicant. As stated in these guidelines, property may be distributed to: "Any public SASP for use in carrying out or promoting for the residence of a given political area one (1) or more public purposes, such as conservation, economic development, education, parks and recreations, public health and public safety"; or "[A]ny nonprofit educational or public health institution or organization, such as medical institutions, hospitals, clinics, health centers, schools, colleges, universities, providers of assistance to homeless or impoverished, programs for older individuals and sheltered workshops, schools for the handicapped, child care centers, radio and television stations, museums attended by the public, and libraries serving free all residents of a community, district, state or region which is exempt from taxation under Section 501-C-3 of the Internal Revenue Code of 1986, for purposes of education or public health (including research for any such purposes)." The SASP will provide surplus property information to potential eligible applicants through public information efforts.
Applicants for eligibility will be provided detailed instructions, application forms and assistance upon request. For the Application for eligibility, see Appendix C of the State Plan of Operation .
11.2. Donee eligibility records are to include at a minimum:
11.2.a. Completion of the application for eligibility showing legal name and address of donee
11.2.b. Provide documentary evidence of status as a public SASP, a nonprofit educational institution or a public health institution or organization .;
11.2.c. Provide details concerning program activities to include specific public programs or specific nonprofit educational or medical facilities operated, their functions, locations, purposes, etc .;
11.2.d. Provide evidence of tax exemption under Section 501 of the Internal Revenue Code of 1986 if the donee is a nonprofit education or public health institution or organization.
11.2.e. Provide evidence that the applicant is approved, accredited or licensed, if required. Donee's eligibility will be reviewed, updated and validated every three (3) years, with the exception of fire department applications, which will be validated annually, if the fire department is eligible to participate in the federal property program.
11.2.f. Provide means and methods of funding;
11.2.g. Furnish an authorization signed by the chief administrative officer or executive head of the donee designating one (1) or more representatives to act for the applicant to:
(1) Acquire donable property from the SASP;
(2) Obligate any necessary funds of the applicant for this purpose;
(3) Execute the SASP distribution document, including terms , condition, reservations and restrictions that the SASP or GSA may establish on the use and disposal of the property;
11.2.h. Provide assurances of compliance with Title IV of the Civil Rights Act of 1964, as amended, 40 U.S.C. 549, and Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments Act of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975;
11.2.i. Provide a list of types of property needed.
W. Va. Code R. § 148-4-12 Compliance and Utilization
12.1. The SASP will conduct utilization reviews for donee state plan with terms, conditions, reservations, and restrictions imposed by GSA and WVSASP on property having unit acquisition costs of $5,000 or more and any passenger motor vehicle.
12.2. All SASP reviews of donee state plan with the terms, conditions, reservations and restrictions imposed on donated property with extended periods of restriction will include a survey to determine that the donee is complying with the statutory requirement that all items of donated property acquired by the donee be placed into use for the required period of restriction.
12.3. The SASP will visit donees receiving property with federal and/or state restrictions on the use of property at least once a year during the period of restriction. In the event that a visit is not possible, the SASP will require written reports on utilization from the donee's administrative officer or designee. In addition to ensuring all the terms and conditions placed upon the donated property are being adhered to, the SASP will evaluate the general utilization of property; any evidence of stockpiling or over supply; the need for other property by the donee; the evidence of alleged fraud or misuse will be reported immediately to the GSA, in accordance with 41 CFR 102-37. Furthermore, the SASP will assist the GSA in any subsequent investigations. Noncompliance cases, such as fraud, sale of items under restriction, misuse, misrepresentation and stockpiling, shall constitute grounds for temporary deferment of participation in the surplus property program.
12.4. SASP will prepare required reports on utilization reviews and state plan actions. Should any incidences of alleged fraud in the acquisition of donated property or misuse of such property occur, SASP will initiate appropriate investigations.
W. Va. Code R. § 148-4-13 Consultation with Advisory Bodies and Public and Private Groups
13.1. SASP will consult when necessary with advisory bodies and public and private groups.
13.2. When SASP determines it is necessary to consult advisory bodies and public and private groups, it will contact the appropriate entity to gain insight regarding relative needs and resources needed for donees.
W. Va. Code R. § 148-4-14 Audit
14.1. An internal audit of the SASP's operation (including the surplus property inventory), procedural activities and financial affairs will be conducted at the close of each fiscal year or at other such times as directed by Secretary of the Department of Administration or requested by the GSA. When completed, detailed reports, including findings and corrective measures, will be submitted to the GSA.
14.2. SASP must comply with external audit requirements of Office of Management and Budget Circular No. A-133, "Audits of State, Local Governments, and Non-Profit Organizations" and make provisions for SASP to furnish GSA with:
14.2.a. Two copies of any audit report made pursuant to the circular, or with two copies of those sections that pertain to the federal donation program.
14.2.b. Outline of all corrective actions and scheduled completion dates for actions
14.2.c. Cooperation in GSA or Comptroller General conducted audits
14.3. An external audit of the SASP's operation will be conducted in accordance with the requirements of the Office of Management and Budget Circular No. A-128 "Audits of State and Local Governments." The GSA will be provided with any such audit reports, including findings and corrective measures. Upon request, the financial records and inventory records will be made available for inspection by representatives of GSA, the General Accounting Office or other authorized federal officials. GSA will notify the Governor's Office before auditing the SASP.
W. Va. Code R. § 148-4-15 Cooperative Agreements
15.1. The SASP has statutory authority and will enter into cooperative agreements with federal agencies or other states as may be necessary.
15.2. West Virginia Code §5A-3-19 and §5A-3-44(d) serve as the authority for entering into cooperative agreements.
W. Va. Code R. § 148-4-16 Liquidation
In the event a determination is made by state officials to liquidate the SASP, a liquidation plan will be prepared in accordance with 41 CFR 102-37. The plan will include the reasons for liquidation, a schedule and estimated date of termination, method of disposal of surplus property on hand, method of disposal of SASP fiscal and financial assets, retention of books and records for a two (2) year period following the liquidation. Such a plan will be submitted to the GSA and approval secured prior to the beginning of liquidation.
W. Va. Code R. § 148-4-17 Forms
Copies of documents used by SASP are attached as Appendix C to the State Plan of Operation.
W. Va. Code R. § 148-4-18 Records
18.1. Official records of SASP will be retained for minimum of three (3) years, except that:
18.1.a. Records involving property subject to restrictions for more than two (2) years must be kept one year beyond the specified period of restriction;
18.1.b. Records involving property with perpetual restriction must be retained in perpetuity;
18.1.c. Records involving property in noncompliance status must be retained for at least one (1) year after the noncompliance case is closed.
18.2. In cases of transfer of property with restrictions on use for more than two (2) years or in cases involving noncompliance, the records will be maintained at least one (1) year beyond the specific period of restriction or one (1) year after any noncompliance case is closed.
Series 06 Parking
W. Va. Code R. § 148-6-1 General
1.1. Scope. - This legislative rule provides for the regulation of parking of motor vehicles by the Secretary of the Department of Administration on property owned or leased by the State of West Virginia, or any of its agencies, in the City of Charleston, Kanawha County, West Virginia, including penalties.
1.2. Authority. – W.Va. Code §5A-4-5.
1.3. Filing Date. – April 12, 2023.
1.4. Effective Date. – May 5, 2023.
1.5. Sunset provision. – This rule shall terminate and have no further force or effect on August 1, 2032.
W. Va. Code R. § 148-6-2 Parking Areas
2.1. General. Parking on property owned by the State of West Virginia in the City of Charleston, Kanawha County, West Virginia, is subject to this rule and includes but is not limited to:
2.1.a. The east side of Greenbrier Street between Kanawha Boulevard and Washington Street, East;
2.1.b. The west side of California Avenue between Kanawha Boulevard and Washington Street, East;
2.1.c. State-owned or leased grounds upon which state office buildings are located.
2.1.d. Any other property now or subsequently owned or leased by the State or any of its agencies and used for parking purposes in conjunction with the state capitol or any state office buildings.
2.2. The Secretary of Administration may also designate any area as a parking or no parking area, and designate the type and scheme of parking to be used, as he or she determines for the conduct of business at the capitol or any state office buildings in the City of Charleston on a daily basis or for special occasions, as they may arise, except as provided in Subsection 2.3 of this rule or joint policy of the Speaker of the House of Delegates and President of the Senate.
2.3. Legislative Sessions. During session of the Legislature, including regular, extended, extraordinary, interim sessions, or any other times designated by the Speaker of the House of Delegates and/or the President of the Senate, parking in the following areas is designated for legislators and employees of the Legislature and subject to a joint policy of the Speaker of the House of Delegates and president of the Senate, and shall be managed and controlled by the Legislature:
2.3.a. The east side of Greenbrier Street between Kanawha Boulevard and Washington Street, East;
2.3.b. The Culture Center parking lot;
2.3.c. The north side of Kanawha Boulevard between Greenbrier Street and California Avenue; and
2.3.d. The west side of California Avenue between Kanawha Boulevard and Washington Street, East, and except as otherwise reserved by the Department of Administration, the lot on the east side of California Avenue between Kanawha Boulevard and Quarrier Street, East;
2.3.e. Any other areas designated by a joint policy of the Speaker of the House of Delegates and the President of the Senate.
W. Va. Code R. § 148-6-3 Personnel
3.1. The Secretary, Speaker of the House of Delegates and/or the President of the Senate may employ such persons necessary to enforce this parking rule. The persons employed by the Secretary, Speaker of the House of Delegates and/or the President of the Senate may have authority to direct traffic and issue tickets in violation of this rule, as well as any other authority determined by the Secretary, or the Speaker of the House of Delegates and the President of the Senate.
W. Va. Code R. § 148-6-4 Metered Parking
4.1. The Secretary may install metered parking in any areas designated for parking he or she considers prudent to permit convenient parking spaces for visitors to the State Capitol or any state office buildings in the City of Charleston. The amount to be charged for parking at meters shall be 50 cents per hour.
W. Va. Code R. § 148-6-5 Parking
5.1. Parking may be provided, at the discretion of the Secretary, to state spending units. The spending unit shall provide for parking in accordance with the parking allocation policies of the spending unit, subject to this rule. The fee to park, to be paid by the spending unit, shall be $20 per month per employee using a designated parking space. Payment by the spending unit shall be made in accordance with the policies of the Secretary. The Secretary may charge a reasonable fee to replace a parking tag or access card issued to a public officer or employee which shall be paid by the public officer or employee.
5.2. For locations outside the Capitol Complex, the spending units shall provide for parking in accordance with the parking allocation policies of the spending unit subject to this rule and the fee to park shall be the same as the fees for employees who park on the Capitol Complex Campus unless the facility consists of all free, public access parking (i.e., shopping centers or other facilities approved by the Secretary) or unless they have a contractual obligation in which case the Secretary of Administration may set a different fee.
W. Va. Code R. § 148-6-6 Violations
6.1. General. The owner of any motor vehicle parking in violation of this rule is subject to the penalty specified in Section 7 of this rule and is responsible for the payment of any fines, penalties or costs assessed, regardless of whether the owner was operating the motor vehicle at the time of the violation. The Secretary may waive the violation and assessed fines, penalties and costs, in his or her discretion. Further the Secretary may authorize the removal, immobilization, or any other remedy considered necessary, at owner expense, of any motor vehicle parked in violation of this rule. For the purpose of this subdivision, a motor vehicle parked in violation of this rule shall include a motor vehicle owned by a person who owes more than 10 unpaid violations and is parked on property described in subsection 2.1 of this rule. The Secretary may also authorize the revocation of a state issued parking space of a vehicle whose owner owes more than 10 unpaid violations.
6.2. Metered Parking. The owner of a motor vehicle parked at metered parking with elapsed time during the hours of 8:00 a.m. through 5:00 p.m. Monday through Friday, except holidays, is subject to overtime parking fine(s) in accordance with Section 7 of this rule or other hours as the Secretary considers appropriate. In no event may a singular vehicle at a single parking meter be ticketed more than four times in one working day.
6.3. Designated Area Parking. The owner of a motor vehicle parked at any time in an area designated accessible parking, legislative parking, or reserved parking is subject to parking fine(s) in accordance with Section 7 of this rule.
6.4. Parking in Travel Lanes. The owner of a motor vehicle parking in a travel lane is subject to a parking in a travel lane fine in accordance with Section 7 of this rule.
6.5. Other violations. The owner of a motor vehicle parking in a space that has not been assigned for purpose of parking that vehicle is subject to an improper parking fine in accordance with Section 7 of this rule.
W. Va. Code R. § 148-6-7 Penalties
7.1. Fines. A person who violates this rule is subject to the following fines:
7.1.a. Accessible Area $100.00
7.1.b. Legislative Parking Area 10.00
7.1.c. Reserved Parking Area 10.00
7.1.d. Parking in a Travel Lane 10.00
7.1.e. Overtime Parking 5.00
7.1.f. No Parking Area 10.00
7.1.g. Improper Parking 10.00
7.1.h. Other Violations 10.00
7.2. Payment. Payment of fines is required within 10 days of the time the ticket was issued to either the ticket receipt boxes provided by the Department of Administration, the address printed on the ticket, or to the Department’s website, which must be clearly printed on the ticket. Fines not paid within 10 days are subject to double additional fines not to exceed $20 each. A summons may be issued for tickets not paid within 14 days.
7.3. Jurisdiction. Magistrates in Kanawha County, West Virginia have jurisdiction of violations and offenses of this rule.
7.4. Exceptions. The Secretary may grant necessary exceptions to this rule. The Speaker of the House of Delegates and the President of the Senate may grant an exception to a joint policy established pursuant to the provisions of W.Va. Code §5A-4-5(b).
Series 08 Reporting Of State Assets By Financial Institutions
W. Va. Code R. § 148-8-1 General
1.1. Scope. -- This legislative rule establishes the guidelines for reporting of assets of the State of West Virginia held by financial institutions.
1.2. Authority. -- W. Va. Code '5A-1-9.
1.3. Filing Date. -- April 16, 1992.
1.4. Effective Date. -- April 16, 1992.
W. Va. Code R. § 148-8-2 Definitions
For purposes of these rules, unless a different meaning clearly appears from the context:
2.1. "AICPA" means the American Institute of Certified Public Accountants.
2.2. "Assets" means all accounts that financial institutions hold for the State of West Virginia or its spending units, including but not limited to, all types of depository accounts; disbursement accounts; investment; mortgages; promissory notes; deeds or titles to property, plant or equipment; additional liens or collateral; letters of credit; contingent liabilities; or bond issuance accounts held by the institutions.
2.3. "Bank confirmation" means the written documentation of all assets that the State or its spending units have provided to or obligated themselves with financial institutions.
2.4. "Department" means the Department of Administration.
2.5. "Financial institution" means any bank, savings and loan association, building and loan association, industrial bank, industrial loan company, supervised lender, credit union and any other person, firm or corporation doing business with the State of West Virginia.
2.6. "GAAP" means generally accepted accounting principles.
2.7. "Secretary" means the Secretary of the Department of Administration.
2.8. "Spending unit" means a department, division, section, agency, board, commission, committee or institution of the State of West Virginia for which an appropriation is made by the Legislature.
W. Va. Code R. § 148-8-3 Bank Confirmation
3.1. Form. The Department of Administration will issue a bank confirmation form for reporting assets of the State of West Virginia semi-annually, as of June 30 and December 31 each year. The bank confirmation will be consistent with the form endorsed by the AICPA for use by external auditors and may contain such additional information determined necessary by the Secretary, including, but not limited to, the identification of and the asset value of all accounts opened or closed during the reporting period.
3.2. Completion. Instructions for completion of the bank confirmation will accompany the form when issued by the Department. Each financial institution will complete the bank confirmations in their entirety, providing such complete and accurate information as is reasonably possible and utilizing research sufficient to ensure that all assets of the State of West Virginia held by that financial institution are reported. Each bank confirmation must be signed by the trustee or supervisor of the asset or other authorized signatory of the financial institution.
3.3. Submission. The financial institution will submit the bank confirmation to the Department within the time frame specified by the Department, and will send copies of the bank confirmation to the State Treasurer, to the Board of Investments and to the Legislative Auditor.
148CSR8
Series 10 Use Of Domestic Aluminum, Glass Or Steel Products In Public Works Projects
W. Va. Code R. § 148-10-1 General
1.1. Scope. -- This legislative rule is an explanation and clarification of procedures for the purchase of aluminum, glass and steel used in public works projects.
1.2. Authority. -- W. Va. Code '5-19-2.
1.3. Filing Date. -- April 4, 1994.
1.4. Effective Date. -- July 1, 1994.
W. Va. Code R. § 148-10-2 Definitions
2.1. "Aluminum, glass and steel products" means products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed from aluminum, glass and steel.
2.2. "Bidder or Contractor" means the entity submitting a bid or offer or the entity receiving a contract or purchase order from a state spending unit.
2.3. "Domestic aluminum, glass and steel products" means aluminum, glass and steel products made in the United States.
2.4. "Foreign aluminum, glass and steel products" means aluminum, glass and steel products not made in the United States.
2.5. "Public works" includes roads, highways, streets, bridges, sidewalks, sewage systems, buildings, engineering and architectural works, and any other structure, facility or improvement constructed or undertaken by a public agency.
2.6. "Spending officer" means the executive head of a spending unit, or a person designated by him.
W. Va. Code R. § 148-10-3 Applicability
This legislative rule shall apply to every public works project estimated to cost in excess of fifty thousand dollars using aluminum, glass or steel, or to any public works project estimated to require more than ten thousand pounds of steel.
W. Va. Code R. § 148-10-4 Preference
4.1. All contracts or subcontracts entered into by a spending unit for the construction, reconstruction, alteration, repair, improvement or maintenance of public works or for the purchase of any item of machinery or equipment to be used at sites of public works shall require aluminum, glass or steel products supplied in the performance of the contract or subcontract be domestic aluminum, glass or steel products, unless, after receipt of the bids or offers, the spending officer determines in writing that:
a. the cost of domestic aluminum, glass or steel products is unreasonable or inconsistent with the best interest of the State of West Virginia, or b. there is not sufficient quantities of domestic aluminum, glass or steel readily available to meet the contract requirements, or c. the available domestic aluminum, glass or steel do not meet the contract specifications.
4.2. Preference under this rule may be granted on a single contract or a single public works contract and may be granted on multiple contracts or multiple public works contracts, nor any combination thereof.
4.3. Preference shall be applied to an item of machinery or equipment when the item is a single unit of equipment or machinery manufactured primarily of aluminum, glass or steel, is part of a public works contract and has the sole purpose or of being a permanent part of a single public works project. This rule does not apply to equipment or machinery purchased by a spending unit for use by that spending unit and not as part of a single public works project.
W. Va. Code R. § 148-10-5 Unreasonable Bid or Offer Price
5.1. The bid or offer price contemplated in section 4.1.a of this rule is not unreasonable if the bid or offer price does not exceed the bid or offer price of foreign aluminum, glass or steel by twenty percent (20%).
5.2. The bid or offer price contemplated in section 4.1.a of this rule is not unreasonable if the bid or offer price does not exceed the bid or offer price of foreign aluminum, glass or steel by thirty per cent (30%) if the aluminum, glass or steel is produced in a "substantial labor surplus area," as defined by the United States Department of Labor.
W. Va. Code R. § 148-10-6 Lowering Bid or Offer Price
All bids and offers including domestic aluminum, glass or steel products that exceed bid or offer prices including foreign aluminum, glass or steel products after application of the preferences provided in this rule may be reduced to a price equal to or lower than the lowest bid or offer price for foreign aluminum, glass or steel products plus the applicable preference. If the reduced bid or offer prices are made in writing and supersede the prior bid or offer prices, all bids or offers, including the reduced bid or offer prices, will be reevaluated in accordance with this rule.
W. Va. Code R. § 148-10-7 Contractor Certification
Before payment is made under a contract to which the preference provisions of this rule have been applied, the contractor shall supply sworn certificates of origin of the aluminum, glass or steel used to the public agency. Payments made to a contractor who did not comply with the requirement that the aluminum, glass or steel is of domestic origin may be recovered by such public agency.
148CSR10
Series 11 Rules for Selecting Design-Builds Under the Design-Build Procurement Act
W. Va. Code R. § 148-11-1 General
1.1. Scope. -- This Legislative Rule sets forth the operative procedures for agencies to follow in selecting Design-Builders to provide combined design and construction services for projects authorized as Design-Build projects by the West Virginia Design-Build Board that is constructed and owned, potentially owned or ultimately owned by any agency, as defined in §5-22A-2 of the W. Va. Code.
1.2. Authority. -- W. Va. Code §§5-22A-4 and 6.
1.3. Filing Date. -- May 9, 2013.
1.4. Effective Date. -- June 1, 2013.
1.5. These rules repeal and replace the current rules for selecting design-builders under the Design- Build Procurement Act.
W. Va. Code R. § 148-11-2 Applicability
2.1. This legislative rule applies to all Agencies, except those statutorily exempted from its application. The rule applies to any project that is owned, or that will ultimately be owned by an Agency, regardless of the initial funding for the Project.
W. Va. Code R. § 148-11-3 Public Announcement Procedures
3.1. Except in emergency situations, an Agency shall obtain by public notice, through any advertising medium the Agency considers advisable, an advertisement setting forth a general description of the Project requiring Design-Build services and defining a time frame and procedures for interested qualified Design-Builders to apply for consideration.
W. Va. Code R. § 148-11-4 Technical Review Committee
4.1. There shall be established by the Agency a Technical Review Committee comprised at a minimum of a representative of the Agency with experience in the requirements of the project, the Performance Criteria Developer as a non-voting member, a representative of the facility use and the Secretary of Administration or his designee. The Technical Review Committee has responsibility for evaluating responses to the Invitation for Qualification as provided in Section 7 of this rule and the Proposals as provided in Section 10 of this rule.
W. Va. Code R. § 148-11-5 Application Process for Approval of Design-Build Project
5.1. Prior to an Agency issuing an invitation for qualifications for public projects, the Board must determine that the public project is appropriate as a design-build project.
5.2. Within thirty (30) days of the receipt of an agency’s written application, the Board shall meet to render a decision unless a different timetable is agreed to by the Agency. If the Board determines that the Agency has met the criteria enumerated in W. Va. Code §5-22A-1 et seq. and Legislative Rules 148-CSR- 11, the Board shall approve the project’s use of the design-build process to procure construction of the proposed project.
5.3. If upon review of the documents and information submitted by the Agency in support of its request for authorization by use as a design-build contract for a specific construction project, the Board concludes that additional information is required to enable the board to reach a determination whether the Agency has met the criteria enumerated in W. Va. Code §5-22A-5, the Board may require the Agency to submit such additional information, in such form as the Board may prescribe. In no event shall the request for additional information extend the review period by more than sixty (60) days from the date the receipt of the Agency’s original request for review.
5.4. Any project which an agency desires to have constructed using the Design-Build process, regardless of how the project is originally developed or funded, shall obtain approval of the West Virginia Design-Build Board. The requirement includes projects initially funded, in whole or in part, by a private developer that ultimately will be owned by the Agency. Upon receipt of the Board’s determination that the Project is appropriate as a Design-Build project, the Agency shall comply with the provisions of this
rule.
5.5. Upon project approval by the Board, the Agency shall submit to the Board monthly reports detailing the progress of the approved project. The reports shall continue until the completion of construction to ensure that the Agency has complied with all requirements established by the Board approval of the project.
5.6. If any requirement imposed by the Board is not satisfied, the Board may withdraw its approval of the project at any time prior to the start of construction. If the Board withdraws its approval, the Agency may not proceed with the project as a design-build project until the requirements set forth in the Board’s approval and the requirements of this article are met, as determined by the Board.
W. Va. Code R. § 148-11-6 Procedures for Selection of Performance Criteria Developer and Preparation of the Performance Criteria
6.1. Selection of Performance Criteria Developer.
6.1.1. Upon receipt of the Design- Build Board’s approval that a project is appropriate as a Design-Build Project the Agency shall employ a registered architect or engineer, to be known as the Performance Criteria Developer. The Performance Criteria Developer shall be selected in accordance with W. Va. Code §5G-1-1, et. seq. unless the agency uses a licensed architect or engineer who is an employee of the Agency for projects with a construction cost estimated to be one million or less. For projects for which the construction cost is estimated to be more than one million dollars ($1,000,000), the Performance Criteria Developer shall not be an employee of the Agency.
6.1.2. In addition to the provisions of W. Va. Code §5G-1-1, the Agency shall consider the following factors when selecting the Performance Criteria Developer:
6.1.2.a. Education, training, general experience and West Virginia licensure to practice Architectural or Engineering services.
6.1.2.b. Prior experience with projects of similar size, scope, and complexity; and
6.1.2.c. Prior experience with Design-Build contracts, as appropriate, or substantially similar experience.
6.2. Preparation of the Performance Criteria.
6.2.1. The Agency shall prepare a Performance Criteria package with the aid of the Performance Criteria Developer. The Performance Criteria package shall set forth the Agency’s needs with sufficient clarity to assure that there is a comprehensive understanding of program requirements, project scope and business requirements. The Performance Criteria package shall include, at a minimum:
6.2.1.1. Program statements of the facility that describe space needs, design goals and objectives;
6.2.1.2. Requirements for performance bonds, payment bonds, general liability insurance, professional liability insurance and worker’s compensation coverage;
6.2.1.3. Applicable codes and material quality standards;
6.2.1.4. Other pertinent criteria such as energy efficiency and accommodations for future use or adaptation;
6.2.1.5. When a site is being developed, a site survey and soil boring report describing subsurface conditions or stated criteria in sufficient detail so that accurate foundation designs can be developed;
6.2.1.6. Stated responsibility for fees and permits;
6.2.1.7. Stated criteria regarding all site utilities and fees regarding connection of those utilities;
6.2.1.8. Environmental reports, if any, that have been prepared;
6.2.1.9. Project budget parameters, including budget parameters for any and all alternates;
6.2.1.10. Sources of funding and available funding;
6.2.1.11. The proposed project schedule; and
6.2.1.12. Seal requirements of the design professionals to be included in the proposal.
6.2.2. The Performance Criteria package shall be included as part of the contents of the Invitation for Proposals.
6.2.3. The basis of scoring and any restrictions on the proposals submitted in response to the Performance Criteria package shall be part of the Invitation for Proposals.
6.3. Once selected, the Agency shall retain the Performance Criteria Developer through final completion of the Project to monitor adherence to the Performance Criteria.
6.4. The Performance Criteria Developer or his or her employer, company, partners, joint venturers, affiliates or consultants may not submit a proposal to enter into a design-build contract and may not perform services under a design-build contract on any project wherein they are the Performance Criteria Developer on that specific contract.
W. Va. Code R. § 148-11-7 Procedures for Selection of Most Qualified Design-Builders Prior to the Release of the Invitation for Proposals
7.1. Architects, contractors and engineers shall satisfy qualification requirements as defined by W.
Va. Code §5-22A-1, et seq., and the applicable rules.
7.1.1. All Design Builders shall be reviewed by the contracting agency for the following qualification factors/performance areas:
7.1.1.a. Licensing, insurance, bonding and evidence of good standing with the State of West Virginia and the Agency;
7.1.1.b. Experience and technical expertise with projects of similar size and scope;
7.1.1.c. History (minimum of five (5) years if available) of past performance with similar projects, including owner’s names, owner contact, project type, location, floor area, time to complete and final cost;
7.1.1.d. Qualifications, experience and licenses of key management and professional staff;
7.1.1.e. Staffing capabilities;
7.1.1.f. Capacity to accomplish work in required time to include disclosure of present workload;
7.1.1.g. Quality control and quality assurance policies and programs;
7.1.1.h. Safety record to include the safety and drug testing policies and programs;
7.1.1.i. Subcontracting plan(s) including the qualifications and capabilities of known subcontractors; and
7.1.1.j. Architects and engineers of record and their West Virginia seals.
7.2. The technical review committee shall determine the relative ability of each design-builder to perform the services required for the project. Determination of ability shall be based upon the designbuilder’s qualifications as described in these rules.
7.3. The technical review committee shall recommend not less than three (3), nor more than five (5), design-builders deemed to be most qualified to respond to the Invitation for Proposals. The committee will report its recommendation of most qualified design-builders to the Agency for selection by the Agency.
7.4. In the event the Agency receives fewer than three (3) proposals, the Board shall, in consultation with the Secretary of Administration, determine whether the Agency may proceed or shall start the Invitations for Qualifications process over.
7.5. Due to their public project nature, all Design-Build projects shall comply with the prevailing wage requirements of W. Va. Code §21-5A-1, et seq.
7.6. Under the state’s vendor debarment program, agencies shall not solicit bids, award contracts or consent to subcontracts with debarred vendors. Design-Builders must disclose all subcontractor relationships in the bid process.
W. Va. Code R. § 148-11-8 Preparation and Contents of the Invitation for Qualifications and Invitation for Proposals
8.1. After the Agency and the Performance Criteria Developer develops the Performance Criteria Package, the Agency and the Performance Criteria Developer shall develop an Invitation for Proposals(IFP) and an Invitation for Qualifications (IFQ).
8.2. The Agency shall issue an IFQ to interested Design Builders. The IFQ shall comply with W.Va Code§ 5-22A-9a(a). Design-Builders desiring to submit proposals on the design-build projects shall submit a statement of qualifications setting forth the qualifications of the firm’s involved in the designbuild team and providing any other information required by the IFQ.
8.3. The purpose of the Performance Criteria package and the IFP is to furnish sufficient information so that Design-Builders may prepare both qualitative and cost proposals. The Design-Builder to whom the contract is awarded is responsible for development of a detailed design based on the criteria in the Performance Criteria package and for construction of the facility in compliance with the Performance Criteria Package.
8.4. The IFP shall comply to W. Va. Code § 5-22A-10 and also contain: The Performance Criteria package; instructions to bidders; bid proposal forms; bid security requirements; provisions for contracts; general and special conditions; the basis for evaluation of proposals; methods of substantiation to be used during the design process; and the construction process to verify that the design and construction comply with the performance criteria.
8.5. The IFQ will be issued to all who qualify.
W. Va. Code R. § 148-11-9 The Procedure for Preparing and Submitting Proposals
9.1. All proposals must comply with W. Va. Code §5-22A-11.
9.2. Design-Builders shall submit their proposals to the Agency offices by the date established in the IFQ. If that date is Saturday, Sunday or a legal holiday, the period shall run until 5:00p.m. of the next day that is not a Saturday, Sunday or legal holiday.
9.3. Design-Builders shall complete all necessary forms provided by the agency and include the completed forms with their proposals.
9.4. Design-Builders may submit written questions and comments to the Agency concerning the requirements of the IFP. The Agency shall prepare and make available to the Design-Builders addenda that respond to their questions and comments.
W. Va. Code R. § 148-11-10 The Procedures for Evaluating Proposals
10.1. The Technical Review Committee shall segment all proposals received from Design-Builders in response to an IFP into two (2) parts:
10.1. a. Qualitative Proposal. A qualitative proposal shall include response to the IFP, except the cost proposal, as set forth in subdivision (b) of this subsection. The qualitative proposal shall remain sealed until the Technical Review Committee is assembled and ready to review and score the proposals.
10.1. b. Cost Proposal. The cost proposal shall be submitted in a separate sealed package that is clearly labeled as a cost proposal. The package shall clearly identify the Design-Builder’s name, project description, or any other information required by submission of proposals. The cost proposal shall be secured until the time provided in the IFP. Cost proposals shall include one (1) cost for all design and construction of the proposed project. An original signature raised seal bond for five (5) percent bid security shall be attached to the cost proposal.
10.2. The Technical Review Committee shall review the qualitative proposal submitted by each Design-Builder and shall establish a rating for each Design-Builder’s proposal based upon the performance criteria established in the IFP for the project. The criteria may utilize the following format, but shall be adjusted for the particular characteristics of the Project which shall clearly be set forth in the IFP.
10.3 A maximum score will be determined for these categories and will be adjusted to reflect the particular characteristics of a project and the considerations involved in its construction. Provided that, the technical criteria must be in the range of 40 -50 % of the total maximum score, the Project-Specific Management Plan must be in the range of 10 - 20 % of the total maximum score, the Project Schedule must be in the range of 20 -30 % of the maximum score and that Design Creativity and Originality must be in the range of 10 - 20 % of the maximum score.
EXAMPLE OF RATING SYSTEM 1.Technical Criteria a.Structural System b.Exterior Finish Materials c.Roofing Systems d.Site Layout and Features e.Landscape Provisions f.Mechanical System g.Plumbing System Materials h.Interior Finish Materials i.Interior Hardware and Fixtures j.Interior Door Units/Wall Systems k.Floor and Ceiling Systems l.Lighting Systems m.Power Systems n.Data Systems o.ADA Compliance p.Building Code Compliance q.Any Other Requirements 2. Project-Specific Management Plan a. Management plan and organization b. Resumes of key professional and managerial personnel c. Craft training and staffing capabilities d. Quality assurance plan e. Safety plan for project and safety record f. Experience of individual members of the team g. Experience of the team h. Address of Home Office of Design-Builder i. Address of Home Office of Architects(s) and/or Engineer(s)
- Project Schedule a. Construction schedule and ability to meet schedule b. Architecture/Engineering design schedule and ability to meet schedule c. Length of construction and design schedule 4. Design Creativity and Originality
10.4. The maximum unweighted score for the Qualitative Proposal is 100. A Design-Builder must achieve a minimum unweighted score of 70 in order to continue in the evaluation process by the Technical Review Committee.
10.5. Prior to opening the cost proposal, the Technical Review Committee shall total and submit the weighted score of each Design-Builders qualitative proposal to the Agency.
10.6. Points for the qualitative proposal shall not be awarded on a fractional basis.
10.7. The Agency shall notify all parties submitting proposals of the outcome of the scoring process and the Agency’s intent to enter into a contract with the successful Design-Builder. The Awarding
Authority may reject all Proposals
W. Va. Code R. § 148-11-11 Negotiations Prior to Award of Contract
Negotiations between the apparent successful bidder and the Agency prior to award of a contract may not result in a contract amount which would change the outcome of the original bid. See W. Va. Code §5- 22A-6(7) and §5-22A-11(e) .
W. Va. Code R. § 148-11-12 Award of Design Build Contract
12.1. The Agency shall set a date to inform the bidders of their weighted qualitative scores and shall simultaneously notify them of the date to publicly open the cost proposals, which shall be within five (5) working days after the public announcement of the weighted qualitative proposals.
12.2. The Agency shall publicly open and read aloud the sealed cost proposals that met the minimum qualitative proposal score of 70. The lowest cost proposed shall be assigned a score of 100. Other cost scores shall be arrived at by the following formula:
(Lowest Cost Proposed divided by Cost being evaluated) x 100 = Cost Score
12.3. To determine the successful design-build proposal, the total of the weighted qualitative and cost scores shall be added to arrive at a total score.
12.4. The Agency is not required to submit duplicate bids or proposals to the Auditor’s office.
12.5. The Agency shall submit to the Design-Build Board the evaluations and scoring of the qualitative proposals for approval of the process within twenty-four (24) hours of the scoring of the qualitative proposals. If the process is approved by the Design-Build Board, the Agency may proceed with the opening of cost proposals. If the process is not approved the Design-Build Board, the Agency may not proceed with the opening of the cost proposals.
12.6. Design-Builder’s who have submitted proposals may request copies of the qualitative scores and may submit question and, clarifications, and make comments on the procedures to the Agency and the Design-Build Board for consideration within forty-eight (48) hours of the public announcement of the qualitative scores. The Design-Build Board, at its discretion, may schedule a public meeting within ninety-six (96) hours of the public announcement of the qualitative scores for the discussion of these questions and comments. A decision by the Design-Build Board shall be publicly announced with twenty-four (24) hours of the public meeting, or if no public meeting is held, the announcement shall be within forty-eight (48) hours of the information provided to the Design-Build Board from the Agency.
12.7. Unless all proposals are rejected, the Agency shall approve and award the project to the Design- Builder with the highest total score. The Agency shall notify all parties submitting proposals of the outcome of the scoring process and the Agency’s intent to enter into a contract with the successful designbuilder. The Agency may reject all proposals.
12.8. The Agency has final authority to approve or reject the recommended award based upon due process, legal, fiduciary, financial or policy considerations, but may not substitute its judgment on the qualitative evaluation for that of the Technical Review Committee.
W. Va. Code R. § 148-11-13 Monitoring by the Design-Build Board
13.1. The Agency shall report, at a minimum of a monthly interval, to the Design-Build Board as to the progress of the project.
13.2. The Design-Build Board may terminate their approval of a project after written notice, and discussions with the Agency, at any time prior to the start of construction if any requirement of the project is not satisfied.
W. Va. Code R. § 148-11-14 Protests
14.1. Any Design-Builder adversely affected by the intended decision of the Agency to award a contract or to reject all bids shall file a notice of protest and bond with the Agency within seventy-two (72) hours after the posting of the intent to award. A formal written protest shall be filed with the Agency within ten (10) days after filing the notice of protest with the Agency, stating with particularity the facts and law upon which the protest is based.
14.2. Any Design-Builder who files a notice of protest in a bid rejection or an award pursuant to this
section shall post with the Agency, at the time of filing the notice of protest, a bond payable to the Agency in an amount equal to one percent (1%) of the lowest bid submitted, or $5,000, whichever is greater.
14.3. All protest bonds shall be made payable to the Agency and shall be signed and sealed by the protestor and surety. The bonds shall bind the protestor and surety and be conditioned upon the satisfaction of any cost and charges included in any final order of judgement or appellate proceedings, in the event that the Agency prevails. In lieu of a bond, the protestor may submit a cashier’s check or bank money order made payable to the Agency, the monies shall be held in trust by the Agency. Protest bond forms may be obtained from the Agency.
14.4. All notices of protest and formal protests shall be filed with the Agency.
14.5. A protest is not timely filed unless both the notice of protest and the formal protest are received by the Agency within the required time limits. A written notice of protest which is filed by 5:00p.m. on the date on which the seventy-two(72) hours expires is timely. If such a date is Saturday, Sunday or a legal holiday, the period shall run until 5:00p.m. of the next day that is not a Saturday, Sunday or a legal holiday.
14.6. The Agency has the sole authority to review the protest and render a decision. The Director of the Agency, or his/her designee, shall review the protest and issue a written decision. A hearing may be conducted at the option of the Director or assigned designee.
14.7. If the Design-Builder is not satisfied with the Agency’s decision, they may take appropriate legal action through the West Virginia court system.
14.8. If the protesting party prevails after completion of the protest and any appellate court proceedings, it shall be entitled to recover from the Agency all costs and charges included in the final order or judgement, excluding attorney’s fees. If the Agency prevails it shall recover all costs and charges included in the final order or judgement excluding attorney’s fees. Upon payment of such costs and charges by the protestor, the bond shall be returned. The entire amount of the bond shall be forfeited if the hearing officer determines that a protest was filed for a frivolous or improper purpose including, but not limited to, the purpose of harassing, causing unnecessary delay or causing needless expense for the Agency or successful Design-Builder.
14.9. The Agency shall be considered the prevailing party if the protestor withdraws the protest at any time before the entry of the final order.
W. Va. Code R. § 148-11-15 Public Emergencies
15.1. If an application for a Design-Build proposal is filed which indicates a public emergency, the Design-Build Board shall take immediate action to determine if the project meets the criteria for a Design-Build project.
15.2. If the criteria are satisfied, the Board shall meet to approve or disapprove the application. If this situation occurs, the Board shall file a notice of emergency meeting with the Secretary of State in accordance with the Open Governmental Meetings Act.
15.3. A Design-Build project application may not indicate a public emergency if the emergency indicated is the result of self-imposed hardships, such as, neglect, poor planning or a lack of organization by the applicant.
Series 12 General Administration of Records Management and Preservation
W. Va. Code R. § 148-12-1 General
1.1. Scope. -- This Legislative Rule sets forth the Standards, Procedures and Techniques for effective management of records.
1.2. Authority. -- W. Va. Code §5A-8-1 through §5A-8-20.
1.3. Filing Date. -- April 21, 2025.
1.4. Effective Date. -- April 22. 2025.
1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2035.
W. Va. Code R. § 148-12-2 Definitions
2.1. “Administrator” means Secretary of the Department of Administration, as designated by statute as State Records Administrator.
-
- “Agency head” means the chief executive officer of the agency.
2.3. “Agency Records Manager” means an employee appointed by the agency head to manage the agency’s records inventory and to act as liaison with the Administrator.
2.4. “Record” means any document, paper, spreadsheet, correspondence, electronic file, photograph, sound recording or other material, regardless of format, made or received pursuant to law or in connection with the transaction of official state business.
2.5. “Records Center” means the facility for storage of records that are required to be retained long-term.
2.6. “Records Retention Authorization” means the request by the agency for approval of the agency’s proposed Retention and Disposal Schedule.
2.7. “Record Series” means a group of identical or related records which are normally used and filed as a unit, and which permit evaluation as a unit for retention scheduling purposes.
2.8. “Retention and Disposal Schedule” means a schedule of approved retention periods for the records of an agency in the format prescribed by the Administrator.
2.9. “Retention Period” means a period of time during which records must be held before they may be legally disposed. The retention period is usually stated in terms of months or years, but sometimes is contingent upon the occurrence of an event; e.g., employee termination and contract expiration. The retention period includes the life span of each record from creation to final disposition.
W. Va. Code R. § 148-12-3 Duties
3.1. Duties, State Records Administrator.
The Administrator shall:
3.1.1. Provide guidance to agencies in developing retention and disposal schedules, on records management best practices, and opportunities for efficiencies.
3.1.2. Seek the assistance of the State Archivist, as required, in determining whether a record has archival value.
3.1.3. Secure a facility for a statewide records center for use by agencies to store physical records.
3.1.4. Approve or reject Records Retention Authorizations and requests to destroy records in conjunction with the State Archivist submitted by agencies.
3.1.5. Prepare an annual report on the administration of the statewide records management program established pursuant to the statute.
3.2. Duties of Agency Head Each agency head shall:
3.2.1. Establish and maintain an active, continuing program for the economical and efficient management of the records of the agency.
3.2.2. Maintain records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the agency designed to furnish information to protect the legal and financial rights of the state, and of persons directly affected by the agency’s activities.
3.2.3. Submit to the Administrator a Records Retention Authorization proposing the length of time each state record series warrants retention for the administrative, legal, fiscal or historical purposes after it has been received or created by the agency.
3.2.4. Use the Records Center to store inactive physical records.
3.2.5. Furnish Administrator a listing of people within the agency authorized to retrieve records, or information contained in records, from the Records Center.
3.2.5.a. This list shall be reviewed and updated semi-annually. Interim additions and deletions to this list shall be furnished as appropriate.
3.2.6. Comply with the rules, regulations, standards and procedures issued by the Administrator.
3.2.7. Cooperate with the Administrator in the conduct of surveys made by him/her.
3.2.8. Appoint an Agency Records Manager from his/her staff who is conversant with the agency’s mission. The Agency Records Manager should be delegated the authority to reconcile major records management problems in the name of the agency head.
3.2.9. Request Administrator’s approval before employing anyone other than a state employee to consult or assist in records management.
3.3. Duties of Agency Records Manager Each agency records manager shall:
3.3.1. Be conversant with the requirements of the Records Management Program and the types of records created and retained by the agency.
3.3.2. Act as liaison between the agency and the Administrator.
3.3.3. Coordinate the biennial inventory of the agency’s total records inventory, both physical and electronic, and submit to the Administrator as required.
3.3.4. Review biennially the agency’s Retention and Disposal Schedule to determine if revisions are necessary and certify by letter to the Administrator this review has been completed.
3.3.5. Coordinate the transfer between agency and Records Center regarding packing, transferring and retrieval of records stored in the Records Center.
3.3.6. Prepare and submit to the Administrator all completed forms as required.
3.3.7. At least annually, review the Records Retention and Disposal Schedule and request approval to destroy records that have reached the required retention period.
W. Va. Code R. § 148-12-4 Electronic Records
4.1. Agencies should utilize electronic records in place of physical records when appropriate.
4.2. Electronic records are subject to the same requirements as physical records under statute and pursuant to this rule, including retention policies and destruction approval.
4.3. Agencies may create a physical record to be replaced by or converted to an electronic record for retention purposes. Agencies should note such practices in the Records Retention Authorization.
4.4. Any records deemed to have historical value must be maintained in original format. No records of historical value shall be converted to electronic format as an original without written approval of the State Archivist and the Administrator.
W. Va. Code R. § 148-12-5 Special Programs
5.1. Agencies may, with their own personnel, initiate studies, surveys and programs for improving the efficiency and effectiveness of their records management functions. Agencies are encouraged to develop Records Management improvement projects.
5.2. The Administrator will, upon request, recommend improvements in current records management practices including the use of space, equipment and supplies employed in creating, maintaining, storing and servicing records. If assistance is desired by an agency, a written request shall be forwarded to the Administrator specifying the type of assistance required.
5.3. The Administrator’s written approval must be obtained prior to any agency retaining or employing any vendor to consult and/or assist in records management.
5.4. Upon completion of any agency-initiated records management survey, study or program, a copy of the findings and recommendations shall be furnished to the Administrator.
5.5. A copy of the findings and recommendations of any consulting service employed by any agency concerning records management shall be furnished to the Administrator.
Series 13 Retention and Disposal Scheduling
W. Va. Code R. § 148-13-1 General
1.1. Scope. -- This Legislative Rule sets forth the Standards, procedures and techniques for effective management of records.
1.2. Authority. -- W. Va. Code §5A-8-1 through §5A-8-20.
1.3. Filing Date. -- April 21, 2025.
1.4. Effective Date. -- April 22, 2025.
1.5. Sunset provision. -- This rule shall terminate and have no further force or effect after August 1, 2035.
W. Va. Code R. § 148-13-2 Definitions
2.1. “Administrator” means Secretary of the Department of Administration, as designated by statute as State Records Administrator.
2.2. “Agency Records Manager” means an employee appointed by the agency head to manage the agency’s records inventory and to act as liaison with the Administrator.
2.3. “Non-record” means duplicates of official records created for convenience, drafts, personal notes related to drafts, or any material not originally created in the transaction of state business.
2.4. “Record” means any document, paper, spreadsheet, correspondence, electronic file, photograph, sound recording or other material, regardless of format, made or received pursuant to law or in connection with the transaction of official state business.
2.5. “Records Center” means the facility for storage of records that are required to be retained long-term.
2.6. “Records Retention Authorization” means request by the agency to the Administrator for approval of the agency’s proposed Retention and Disposal Schedule.
2.7. “Retention and Disposal Schedule” means a schedule of approved retention periods for the records of an agency in the format prescribed by the Administrator.
W. Va. Code R. § 148-13-3 Destruction of records and non-records
3.1 No record shall be disposed of by an agency, unless it is determined by the State Archivist and Administrator that the record has no further administrative, legal, fiscal, research or historical value.
3.2 Non-records may, if not otherwise prohibited by law, be destroyed at any time by the agency in possession of such materials without the prior approval of the Administrator.
3.3. Any questions as to whether material is a record or non-record will be resolved by the Administrator.
W. Va. Code R. § 148-13-4 Inventory of agency records
4.1. Each agency will submit to the Administrator biennially their total records inventory, both physical and electronic, as of June 30.
4.2. The Administrator will furnish each agency the required forms and instructions for taking the biennial inventory.
4.3. The inventory shall reflect any departmental changes, addition of new record series, deletion of obsolete record series, changes in record series titles and location, and revised retention recommendations.
W. Va. Code R. § 148-13-5 Records retention authorization and approval
5.1. All agencies shall prepare a Records Retention Authorization for each record series held by the agency with proposed retention periods in the format prescribed by the Administrator. The authorization must contain the chronological period of the record series; if it is a continuing record, the word “present” shall be used in order to eliminate preparing a new authorization each time the retention period expires. When the record becomes obsolete, the word “present” is annotated to read the final date of the record.
5.2. The agency shall submit the Records Retention Authorization to the Administrator for approval.
5.2.1. The agency shall request amendment of approved retention periods on the Records Retention Authorization in the same manner as requesting an original authorization. The reasons for such change shall be clearly explained.
5.3 Upon receipt of the retention authorization the Administrator shall analyze the information contained thereon. If the Administrator concurs in the proposed retention periods he or she shall approve the Records Retention Authorization and notify the agency. The approved authorization becomes the agency’s Records Retention and Disposal Schedule effective on the date approved by the Administrator.
5.4 The Administrator may seek approvals of recommended retention authorizations from any other agency or person he or she may deem necessary. If the Administrator does not concur with the proposal of the agency, conferences shall be arranged to reconcile the differences.
W. Va. Code R. § 148-13-6 Retirement of records to records center
6.1. Physical records that must be retained for an extended period of time may be transferred to the State Records Center annually or as needed by the agency.
6.2. Agency records managers shall ensure that each carton of records retired to the Records Center has an adequate description of the records contained in the carton and a destruction date.
6.3. Agency records managers shall review at least annually the inventory of records stored at the Records Center and request destruction of those records that have reached the end of required retention periods.
W. Va. Code R. § 148-13-7 Destruction of records by the agency
7.1. When records have reached the end of the required retention period pursuant to the agency’s Records Retention and Disposal Schedule, regardless of paper or electronic format, the Agency Records Manager shall request approval to destroy the records from both the State Archivist and the Administrator.
7.1.1. The State Archivist may identify records on the request to destroy records that should be preserved permanently, and the agency shall transfer those records to the Department of Arts, Culture and History to become part of the State Archives.
7.1.2. The request to destroy records shall be submitted on forms prescribed by the Administrator.
7.2. Once destruction of records is approved by both the State Archivist and the Administrator, the agency may destroy or dispose of the records in an appropriate manner.
7.2.1. If records contain personally identifiable information subject to privacy laws, special considerations should be taken to destroy the records in a secure manner.
7.3. A list of records destroyed and the approved request to destroy shall be retained by the agency permanently showing the history of the records series.
W. Va. Code R. § 148-13-8 Conversion to electronic format
8.1. When appropriate, electronic records should be retained by an agency rather than physical records.
8.2. If an agency creates a physical record, then later converts the record to electronic format for retention purposes, the agency should indicate that practice on the Records Retention Authorization.
8.2.1. Once approved by the Administrator as part of the Records Retention and Disposal Schedule, the agency is not required to request destruction of physical records that are copies of an electronic record created for retention purposes.
8.3. Agency records managers shall review at least annually the inventory of records stored electronically by the agency and submit a request to destroy records when those records have reached the end of required retention periods.
Series 14 Management of Records Maintained by the Records Center
W. Va. Code R. § 148-14-1 General
1.1. Scope. -- This legislative rule sets forth the Standards, procedures and techniques for effective management of records.
1.2. Authority. -- W. Va. Code §5A-8-1 through §5A-8-20.
1.3. Filing Date. -- April 21, 2025.
1.4. Effective Date. -- April 22, 2025.
1.5. Sunset provision. – This rule shall terminate and have no force and effect after August 1, 2035.
W. Va. Code R. § 148-14-2 Definitions
2.1. “Administrator” means Secretary of the Department of Administration, as designated by statute as State Records Administrator.
2.2. “Agency Records Manager” means an employee appointed by the agency head to manage the agency’s records inventory and to act as liaison with the Administrator.
2.3. “Record” means any document, paper, spreadsheet, correspondence, electronic file, photograph, sound recording or other material, regardless of format, made or received pursuant to law or in connection with the transaction of official state business.
2.4. “Records Center” means the facility for storage of records that are required to be retained long-term.
2.5. “Retention and Disposal Schedule” means a schedule of approved retention periods for the records of an agency.
§48-14-3. Records Center.
3.1. The Administrator shall provide for a Records Center for the purpose of storing physical records that are required to be maintained for an extended time period. Agencies may use the Records Center at their option.
3.2. The Records Center shall be a secure facility that maintains industry standards for records retention. The Records Center should provide related services such as retrieval, transportation of records, indexing, destruction and materials necessary for storage.
3.3. The agency records manager is responsible for packing the records in the manner required by the Records Center, and utilizing any forms required by the Records Center.
W. Va. Code R. § 148-14-4 Selection of Records for Retirement
4.1. Records requiring long-term physical storage should be transferred at least annually by the agency to the Records Center.
4.2. Listings of records eligible for storage should be prepared by the Agency Records Manager from the agency’s current Retention & Disposal Schedule.
4.3. When planning records retirement, sufficient time should be allowed to secure storage cartons, pack and label cartons, index records contained in each carton, and make arrangements regarding physical transfer of records.
W. Va. Code R. § 148-14-5 Standard Records Storage
5.1. All records retired to the Records Center should be packed in standard records storage cartons. Odd-sized boxes and transfer cases will not be accepted without prior approval of the Records Center.
5.2. All records should be organized, boxed, and filed as required by the State Records Center.
5.3. All records retired to the Records Center shall have an adequate description for the records contained in each carton and a retention period clearly identified.
W. Va. Code R. § 148-14-6 Authorized Personnel
6.1. The agency head shall submit to the Administrator and the Records Center a listing of agency personnel authorized to request records or information stored in the Records Center.
W. Va. Code R. § 148-14-7 Procedure
7.1. Records and/or information may be requested from the Records Center in accordance with the records request policy of the Records Center.
W. Va. Code R. § 148-14-8 Disposal of Records by Records Center
8.1. Records stored in the Records Center will be held until either removal or destruction is requested by the agency.
8.2. To protect confidentiality of certain records, agencies may request records to be shredded or securely destroyed by the Record Center, if the Record Center offers such services.
8.3. Agency records managers should annually review the inventory of records stored at the Records Center and the Records Retention and Disposal Schedule to determine if records stored at the Records Center have reached the end of the retention period and are eligible for disposal or destruction.
8.4. Requests to destroy records should be prepared for the records stored at the Records Center in the same manner as any other request to destroy and submitted to the Administrator for approval. Once approved, the agency records managers may either have the records destroyed or disposed of by the Records Center or may destroy or dispose of the records in-house.
Series 15 Technology Access For Visually Impaired
W. Va. Code R. § 148-15-1 General
1.1. Scope. -- This Legislative Rule sets forth the minimum standards and criteria to be used in approving or rejecting procurements by state agencies for adaptive technologies for nonvisual access uses.
1.2. Authority. -- W. Va. Code §18-10N-3.
1.3. Filing Date. -- April 17, 2003.
1.4. Effective Date. -- July 1, 2003.
1.5. Purpose. -- This rule requires that when State agencies develop, procure, maintain, or use electronic and information technology, State employees who are visually impaired have access to and use of information and data that is comparable to the access and use by State employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. This rule also requires that individuals who are visually impaired, who are members of the public seeking information or services from a State agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.
W. Va. Code R. § 148-15-2 Applicability
2.1. This legislative rule applies to all state agencies, except those statutorily exempted from its application.
2.2. Products covered by the rule shall comply with all applicable provisions of the rule. When developing, procuring, maintaining, or using electronic and information technology, each state agency shall ensure that the products comply with the applicable provisions of the rule, unless an undue burden would be imposed on the state agency.
(1) When compliance with the provisions of the rule imposes an undue burden, state agencies shall provide blind or visually impaired individuals with the information and data involved by an alternative means of access that allows the individual to use the information and data.
(2) When procuring a product, if a state agency determines that compliance with any provision of the rule imposes an undue burden, the documentation by the state agency supporting the procurement shall explain why, and to what extent, compliance with each provision creates an undue burden.
2.3. When procuring a product, each state agency shall procure products which comply with the provisions in the rule when the products are available in the commercial marketplace or when the products are developed in response to a State solicitation. State agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meet some but not all of the standards, the state agency shall procure the product that best meets the standards.
2.4. The rule applies to electronic and information technology developed, procured, maintained, or used by state agencies directly or used by a contractor under a contract with an agency which requires the use of the product, or requires the use, to a significant extent, of the product in the performance of a service or the furnishing of a product.
2.5. General exceptions.
(a) Except as required to comply with the provisions in the rule, the rule does not require the state agency to install specific accessibility-related software or the attachment of an assistive technology device at a workstation of a State employee who is not an individual with a disability.
(b) When state agencies provide access to the public to information or data through information technology, they are not required to make products owned by them available for access and use by individuals with disabilities at a location other than that where the information technology is provided to the public, or to purchase products for access and use by individuals with disabilities at a location other than that where the information technology is provided to the public.
(c) The rule shall not be construed to require a fundamental alteration in the nature of a product or its components.
(d) Products located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment are not required to comply with the rule.
W. Va. Code R. § 148-15-3 Definitions
3.1 Definitions.
(a) “State Agency” means any State department or agency.
(b) “Alternate formats” means formats usable by people with disabilities; may include, but are not limited to, Braille, ASCII text, large print, recorded audio, and electronic formats that comply with the rule.
(c) “Alternate methods” means different means of providing information, including product documentation, to people with disabilities. Alternate methods may include, but are not limited to, voice, fax, relay service, TTY, Internet posting, captioning, text-to-speech synthesis, and audio description.
(d) “Assistive technology” means any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to increase, maintain, or improve functional capabilities of individuals with disabilities.
(e) “Electronic technology” means any equipment or interconnected system or subsystem of equipment, that is used in the creation, conversion, or duplication of data or information. The term electronic technology includes, but is not limited to, telecommunications products such as telephones, information kiosks and transaction machines, World Wide Web sites, multimedia, and office equipment such as copiers and fax machines. The term does not include any equipment that contains embedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, HVAC (heating, ventilation, and air conditioning) equipment such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology.
(f) “Information technology” means data processing and telecommunications hardware, software, services, supplies, personnel, maintenance and training, and includes the programs and routines used to employ and control the capabilities of data processing hardware. It also includes any equipment or interconnected system or subsystem of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. The term information technology includes computers, ancillary equipment, software, firmware and similar procedures, services, including support service, and related resources.
(g) “Operable controls” means components of a product that requires physical contact for normal operation. Operable controls include, but are not limited to, mechanically operated controls, input and output trays, card slots, keyboards, or keypads.
(h) “Self Contained, Closed Products” means products that generally have embedded software and are commonly designed in such a fashion that a user cannot easily attach or install assistive technology. These products include, but are not limited to, information kiosks and information transaction machines, copiers, printers, calculators, fax machines, and other similar types of products.
(i) “Telecommunications” means any transmission, emission or reception of signs, signals, writings, images or sounds of intelligence of any nature by wire, radio or other electromagnetic or optical systems. The term includes all facilities and equipment performing those functions that are owned, leased or used by the executive agencies of state government. The term also includes the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
(j) “Undue burden” means significant difficulty or expense. In determining whether an action would result in an undue burden, an agency shall consider all agency resources available to the program or component for which the product is being developed, procured, maintained, or used.
(k) “ASCII” (American Standard Code for Information Exchange) means a 7-bit code providing 128 character combinations. ASCII is a data processing term to describe a specific format for the data.
(l) “TTY or TDD” means a communication devices that function as text telephones, used by hearing-impaired or speech-impaired, to communicate over regular telephone lines.
(m) “DVD” means a digital video disk.
W. Va. Code R. § 148-15-4 Technical Standards
4.1. Equivalent facilitation. Nothing in the rule is intended to prevent the use of designs or technologies as alternatives to those prescribed in the rule provided they result in substantially equivalent or greater access to and use of a product for people with disabilities.
4.2. Software applications and operating systems.
(a) When software is designed to run on a system that has a keyboard, product functions shall be executable from a keyboard where the function itself or the result of performing a function can be discerned textually.
(b) Applications shall not disrupt or disable activated features of other products that are identified as accessibility features, where those features are developed and documented according to industry standards. Applications also shall not disrupt or disable activated features of any operating system that are identified as accessibility features where the application programming interface for those accessibility features has been documented by the manufacturer of the operating system and is available to the product developer.
(c) A well-defined on-screen indication of the current focus shall be provided that moves among interactive interface elements as the input focus changes. The focus shall be programmatically exposed so that assistive technology can track focus and focus changes.
(d) Sufficient information about a user interface element including the identity, operation and state of the element shall be available to assistive technology. When an image represents a program element, the information conveyed by the image shall also be available in text.
(e) When bitmap images are used to identify controls, status indicators, or other programmatic elements, the meaning assigned to those images shall be consistent throughout an application's performance.
(f) Textual information shall be provided through operating system functions for displaying text. The minimum information that shall be made available is text content, text input caret location, and text attributes.
(g) Applications shall not override user selected contrast and color selections and other individual display attributes.
(h) When animation is displayed, the information shall be displayable in at least one non-animated presentation mode at the option of the user.
(i) Color coding shall not be used as the only means of conveying information, indicating an action, prompting a response, or distinguishing a visual element.
(j) When a product permits a user to adjust color and contrast settings, a variety of color selections capable of producing a range of contrast levels shall be provided.
(k) Software shall not use flashing or blinking text, objects, or other elements having a flash or blink frequency greater than 2 Hz and lower than 55 Hz.
(l) When electronic forms are used, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.
4.3. Web-based intranet and internet information and applications.
(a) A text equivalent for every non-text element shall be provided (e.g., via "alt", "longdesc", or in element content).
(b) Equivalent alternatives for any multimedia presentation shall be offered.
(c) Web pages shall be designed so that all information conveyed with color is also available without color, for example, from context or markup.
(d) Documents shall be organized so they are readable without requiring an associated style sheet.
(e) Redundant text links shall be provided for each active region of a server-side image map.
(f) Client-side image maps shall be provided instead of server-side image maps except where the regions cannot be defined with an available geometric shape.
(g) Row and column headers shall be identified for data tables.
(h) Markup shall be used to associate data cells and header cells for data tables that have two or more logical levels of row or column headers.
(i) Frames shall be titled with text that facilitates frame identification and navigation.
(j) Pages shall be designed to avoid causing the screen to flicker with a frequency greater than 2 Hz and lower than 55 Hz.
(k) A text-only page, with equivalent information or functionality, shall be provided to make a web site comply with the provisions of the rule, when compliance cannot be accomplished in any other way. The content of the text-only page shall be updated whenever the primary page changes.
(l) When pages use scripting languages to display content, or to create interface elements, the information provided by the script shall be identified with functional text that can be read by assistive technology.
(m) When a web page requires that an applet, plug-in or other application be present on the client system to interpret page content, the page shall provide an applicable link to a plug-in or applet.
(n) When electronic forms are designed to be completed on-line, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.
(o) When a timed response is required, the user shall be alerted and given sufficient time to indicate more time is required.
4.4. Video and multimedia products.
(a) All analog television displays 13 inches and larger, and computer equipment that includes analog television receiver or display circuitry, shall be equipped with caption decoder circuitry which appropriately receives, decodes, and displays closed captions from broadcast, cable, videotape, and DVD signals. As soon as practicable, but not later than July 1, 2002, wide screen digital television (DTV) displays measuring at least 7.8 inches vertically, DTV sets with conventional displays measuring at least 13 inches vertically, and stand-alone DTV tuners, whether or not they are marketed with display screens, and computer equipment that includes DTV receiver or display circuitry, shall be equipped with caption decoder circuitry which appropriately receives, decodes, and displays closed captions from broadcast, cable, videotape, and DVD signals.
(b) Television tuners, including tuner cards for use in computers, shall be equipped with secondary audio program playback circuitry.
(c) All training and informational video and multimedia productions which support the agency's mission, regardless of format, that contain speech or other audio information necessary for the comprehension of the content, shall be open or closed captioned.
(d) All training and informational video and multimedia productions which support the agency's mission, regardless of format, that contain visual information necessary for the comprehension of the content, shall be audio described.
(e) Display or presentation of alternate text presentation or audio descriptions shall be user-selectable unless permanent.
4.5. Self contained, closed products.
(a) Self contained products shall be usable by people with disabilities without requiring an end-user to attach assistive technology to the product. Personal headsets for private listening are not assistive technology.
(b) When a timed response is required, the user shall be alerted and given sufficient time to indicate more time is required.
(c) Color coding shall not be used as the only means of conveying information, indicating an action, prompting a response, or distinguishing a visual element.
(d) When a product permits a user to adjust color and contrast settings, a range of color selections capable of producing a variety of contrast levels shall be provided.
(e) Products shall be designed to avoid causing the screen to flicker with a frequency greater than 2 Hz and lower than 55 Hz.
(f) Products which are freestanding, non-portable, and intended to be used in one location and which have operable controls shall comply with the following:
(1) The position of any operable control shall be determined with respect to a vertical plane, which is 48 inches in length, centered on the operable control, and at the maximum protrusion of the product within the 48 inch length.
(2) Where any operable control is 10 inches or less behind the reference plane, the height shall be 54 inches maximum and 15 inches minimum above the floor.
(3) Where any operable control is more than 10 inches and not more than 24 inches behind the reference plane, the height shall be 46 inches maximum and 15 inches minimum above the floor.
(4) Operable controls shall not be more than 24 inches behind the reference plane.
4.6. Desktop and portable computers.
(a) All mechanically operated controls and keys shall comply with this rule.
(b) If a product utilizes touch screens or touch-operated controls, an input method shall be provided that complies with the guidelines herein.
(c) When biometric forms of user identification or control are used, an alternative form of identification or activation, which does not require the user to possess particular biological characteristics, shall also be provided.
(d) Where provided, at least one of each type of expansion slots, ports and connectors shall comply with publicly available industry standards.
W. Va. Code R. § 148-15-5 Functional Performance Criteria
5.1. Functional performance criteria.
(a) At least one mode of operation and information retrieval that does not require user vision shall be provided, or support for assistive technology used by people who are blind or visually impaired shall be provided.
(b) At least one mode of operation and information retrieval that does not require visual acuity greater than 20/70 shall be provided in audio and enlarged print output working together or independently, or support for assistive technology used by people who are visually impaired shall be provided.
W. Va. Code R. § 148-15-6 Information, Documentation, and Support
6.1. Information, documentation, and support.
(a) Product support documentation provided to end-users shall be made available by state agencies in alternate formats upon request, at no additional charge.
(b) End-users shall have access to a description of the accessibility and compatibility features of products in alternate formats or alternate methods upon request, at no additional charge.
(c) Support services for products shall accommodate the communication needs of end-users with disabilities.
148CSR15
148CSR15
Series 16 Cannibalization Of State Property
W. Va. Code R. § 148-16-1 General
1.1. Scope. -- This rule explains and clarifies operative procedures for the disposal of state surplus property by cannibalization for use of component parts.
1.2. Authority. -- W. Va. Code, §5A-3-45.
1.3. Filing Date. -- April 4, 2007.
1.4. Effective Date. -- July 1, 2007.
W. Va. Code R. § 148-16-2 Definitions
As used in this rule, all terms have the same meanings provided in W. Va. Code §§5A-1-1 et seq. and 5A-3-1 et seq. In addition:
2.1. “Director” means the Director of the Purchasing Division of the Department of Administration.
2.2. “Cannibalization” means the removal of parts from one commodity to use in the creation or repair of another commodity.
2.3. Spending Officer” means the executive head of a spending unit or a person designated by him.
W. Va. Code R. § 148-16-3 Applicability
3.1. This rule applies to all spending units of state government except those statutorily exempted. Exempted spending units may elect to follow this rule.
3.2. All requests for property cannibalization under this rule must be approved by the Director of the Purchasing Division, or a designee.
W. Va. Code R. § 148-16-4 Cannibalization Procedures
4.1. State assets shall be disposed of exclusively through the state agency for surplus property.
4.2. All requests for cannibalization of property must be submitted by the agency inventory coordinator and approved by the spending officer. A “Cannibalization Asset Request Form” (WV-105) must be submitted to the state agency for surplus property outlining:
4.2.a. The commodity identification number which was originally assigned by the agency when the property was purchased and entered into the agency’s inventory;
4.2.b. The commodity acquisition date;
4.2.c. The commodity acquisition cost which is the amount originally paid for the property;
4.2.d. A description of the commodity;
4.2.e. Whether the commodity is operable and, if so, how well it operates. If the item is operable, the agency must provide justification for removing parts from an asset in usable condition;
4.2.f. How the agency will dispose of the remaining parts of the commodity. All parts not being used or retained for future use to repair another piece of equipment must be retired to the state agency for surplus property for proper disposal; and,
4.2.g. Who will cannibalize the commodity and how the person is qualified to remove and reinstall the parts. A separate document, signed by the spending officer, must accompany the “Cannibalization Asset Request Form” (WV-105), identifying the individual(s) responsible for performing the disassembly and repair, along with their qualifications.
4.3. If the agency plans to use the cannibalized parts immediately, it must provide the following additional information:
4.3.a. Whether the part restores the commodity to an operable condition;
4.3.b. If the part does not restore the property to operable condition, additional justification for the initial cannibalization, along with the additional steps required to restore the property to an operable condition; and
4.3.c. The cost of the parts and labor to restore the commodity to an operable condition without cannibalization.
4.3.d. The agency must properly retire an inoperable part being replaced to the state agency for surplus property using the authorized means of disposal outlined in W. Va. Code §5A-3-45.
4.3.e. The Director shall make a comparison of the current value of the asset being cannibalized, the value of the property being repaired and the cost to repair the item without cannibalization. The Director will not authorize cannibalization unless the value of the repaired asset exceeds the value of the asset to be cannibalized, along with the cost of the cannibalization/repair process.
4.4. If the agency plans to maintain the cannibalized parts for future use, it must submit written justification to the state agency for surplus property for approval.
4.4.a. The justification must identify:
4.4.a.1. The agency-owned assets which may possibly utilize the cannibalized parts;
4.4.a.2. The proposed retention time frame before the parts will be used;
4.4.a.3. The location where the parts will be stored; and
4.4.a.4. The tracking process for which the parts will be accounted.
4.5. Upon receipt of the “Cannibalization Asset Request Form,” the Surplus Property Director will evaluate the request and provide a recommendation to the Director for approval.
4.6. The Director shall determine whether cannibalization is in the best interest of the State based on the following criteria:
4.6.a. Does the value of the component parts exceed the value of the equipment as a whole that is being cannibalized?;
4.6.b. Is there no current need or requirement in state government or within any eligible organization for the equipment in the current form?; and
4.6.c. Does the cannibalization impose a liability on the State for the disposal of unused components?
4.7. The Director shall review the agency recommendation and approve or disapprove the request.
4.7.a. If the Director approves the request, the approved parts will be cannibalized by the requesting agency. The residual components of the cannibalized commodity must be retired to the state agency for surplus property using other authorized means of disposal as outlined in §5A-3-45.
4.7.b. If the Director disapproves the request, the Director shall advise the requesting agency of the appropriate authorized means of disposal as outlined in §5A-3-45.
148CSR16
148CSR16
Series 17 Waste Disposal Of State Property
W. Va. Code R. § 148-17-1 General
1.1. Scope. -- This rule explains and clarifies operative procedures for the disposal of commodities as waste.
1.2. Authority. -- W. Va. Code, §5A-3-45.
1.3. Filing Date. -- April 4, 2007.
1.4. Effective Date. -- July 1, 2007.
W. Va. Code R. § 148-17-2 Definitions
As used in this rule, all terms have the same meanings provided in W. Va. Code §§5A-1-1 et. seq. and 5A-3-1 et seq., In addition:
2.1. “Director” means the Director of the Purchasing Division of the Department of Administration.
2.2. “Waste” means a commodity with a value less than the benefit that can be realized through any authorized method of property disposal.
2.3. “Landfill” means a facility approved by the Department of Environmental Protection to accept waste for disposal.
W. Va. Code R. § 148-17-3 Applicability
3.1. This rule applies to all spending units of state government except those statutorily exempted. Exempted spending units may elect to follow this rule.
3.2. All requests for disposal of assets as waste under this rule must be approved by the Director of the Purchasing Division, or a designee.
W. Va. Code R. § 148-17-4 Procedures
4.1. State assets shall be disposed of exclusively through the state agency for surplus property.
4.2. The requesting agency shall submit a “Surplus Property Retirement Form” (WV-103) to the state agency for surplus property.
4.3. The state agency for surplus property shall evaluate the recommendation of the requesting agency to determine if inspection of the property is necessary.
4.4. The state agency for surplus property may determine that a physical inspection is not required when any of the following conditions exist:
4.4.a. The documentation for the request is complete and sufficient to allow a determination to be made;
4.4.b. The item was destroyed in a known natural disaster, accident or other occurrence; or,
4.4.c. The value of the item is such that disposal as waste is in the best interest of the State.
4.5. If the state agency for surplus property deems a physical inspection of the state property is warranted, an employee of the state agency for surplus property will visit the agency to gather information on the property condition.
4.5.a. A physical inspection may be performed if the following conditions exist:
4.5.a.1. The written description of the asset to be disposed of is incomplete and/or insufficient to make a determination;
4.5.a.2. The relative age of the asset would indicate that under normal circumstances the asset would retain value; and,
4.5.a.3. The volume of the assets being disposed of at any given time may have a greater total value to warrant another authorized method of disposal.
4.6. After proper documentation has been completed and, if necessary, a physical inspection conducted, the state agency for surplus property shall determine the approved disposal method of the commodity.
4.7. The state agency for surplus property has the right to take possession of any commodity retired as waste and provide disposal using any other method, in accordance with §5A-3-45.
4.8. If the state agency for surplus property determines within fifteen (15) days of receiving a commodity that it must be disposed of as waste, any costs related to that disposal are the responsibility of the agency retiring the commodity.
148CSR17
148CSR17
Series 18 Administration Of State Funds And Grants
W. Va. Code R. § 148-18 Administration Of State Funds And Grants
TITLE 148
LEGISLATIVE RULE
DEPARTMENT OF ADMINISTRATION
SERIES 18
ACCOUNTABILITY REQUIREMENTS FOR STATE FUNDS AND GRANTS
(148-18-1. General.
1.1. Scope. -- This rule establishes standards and procedures for recipients of state funds and grants to account for the manner in which those funds are spent.
1.2. Authority. -- W. Va. Code (12-4-14.
1.3. Filing Date. -- April 4, 2007.
1.4. Effective Date. -- May 1, 2007.
(148-18-2. Definitions.
2.1. (Agreed upon procedures engagement( means an agreement between a grantee and an independent certified public accountant to prepare a report required under this section, where the grantor who awarded the state grant(s) is required to agree to the procedures performed in addition to the grantee and the independent certified public accountant performing such engagement.
2.2. (Examination engagement( means an agreement between a grantee and an independent certified public accountant to prepare a report required under this section, where the independent certified public accountant makes all judgements on the extent of testing necessary in order for said independent certified public accountant to render his or her opinion as to whether the state grants were spent as intended.
2.3. (Grantee( means a person who is a recipient of a state grant.
2.4. "Grantor" means a state spending unit awarding a state grant.
2.5. "Person" includes any corporation, partnership, association, individual or other legal entity. The term "person" does not include a state spending unit or a local government as defined in section one-a, article nine, chapter six of the Code of West Virginia.
2.6. (Receipts( means the amount of state grants actually received by a grantee within a State fiscal year.
2.7. "Report" means an agreement between a grantee and an independent certified public accountant to test whether state grants were spent as intended. The term (report( does not mean a full-scope audit or review of the grantee. Reports shall comply with Compliance Attestation Standards established by the AICPA(s (American Institute of Certified Public Accountants) Statements on Standards for Attestation Engagements to test whether state grants were spent for the intended purpose. Under specified circumstances, described in section 4 of this rule, certain types of independent audits may be substituted for the required report.
2.8. "State grant" means funding provided by a state spending unit, regardless of the original source of the funds, to a person upon application for a specific purpose. With regard to the amount of state grant funds which require compliance with this section, the receipt or disbursement of state grants means the amount of state grant funds actually received by a grantee within a State fiscal year, and does not mean the total amount of state grants awarded but not yet paid out to a grantee within a State fiscal year. The term "state grant" does not include:
(A) payments for goods and services purchased by a state spending unit;
(B) compensation to state employees and public officials;
(C) reimbursements to state employees and public officials for travel or incidental expenses;
(D) grants of student aid;
(E) government transfer payments;
(F) direct benefits provided under state insurance and welfare programs;
(G) funds reimbursed to a person for expenditures made for qualified purposes when receipts for the expenditures are required prior to receiving the funds, and where the receipts for the expenditures evidence that the person has actually expended the funds for a good or service and not merely taken possession of the good or received the service: Provided, That notwithstanding the provisions of this subdivision, funding provided pursuant to section twelve, article two, chapter five-b is included within the term "state grant";
(H) retirement benefits; and (I) federal pass-through funds that are subject to the federal Single Audit Act Amendments of 1996, 31 U. S. C. 7501, et seq.
(J) formula distributions to volunteer and part-volunteer fire departments made pursuant to W. Va. Code ((33-3-14d, 33-3-33, and 33-12C-7.
(148-18-3. Reports of the Disbursement of State Grants.
3.1. Any grantee who receives one or more state grants totaling $50,000 or more in the aggregate in a state fiscal year (ending on June 30th) shall file with the grantor a report of how the state grant funds were disbursed.
3.2. A grantee may satisfy the report requirement of subsection 3.1. of this rule through the performance of either an agreed-upon procedures engagement or an examination engagement conducted by an independent certified public accountant (CPA) in accordance with Compliance Attestation Standards established by the AICPA(s Statements on Standards for Attestation Engagements. The scope of the report is limited to showing that state grants were spent for the intended purpose.
3.3. Reports required by this section shall contain at least the following:
3.3.1. Identifying State grants information.
3.3.2. Amount of award.
3.3.3. Receipts of funds
3.3.4. Expenditures of funds
3.3.5. Time period being reported on.
3.4. The grantee may use funds from state grants to pay for the required report if the applicable grant provisions allow the expenditure and if the expenditure is appropriately budgeted and allocated to the appropriate funding source(s) by the grantee.
3.5. If a grantee receives more than one state grant for the applicable reporting period, the grantee may comply with this section by filing one report that collectively encompasses all state grants received during the applicable reporting period, by filing separate reports for each state grant received during the applicable reporting period, or any combination thereof.
3.6. The grantee shall submit the required report within two years after the end of the fiscal year in which the grantor disbursed the state grants to the grantee. If the grantee(s fiscal year end is different from the State(s fiscal year end (June 30), the grantee shall file the report within two years after the end of its fiscal year following the state fiscal year in which the funds were disbursed.
3.7. Any report submitted before the effective date of this rule shall be considered acceptable in its current form only if it otherwise complies with the provisions of the W. Va. Code (12-4-14.
3.8. At the option of the grantee, the report(s) may be included with the grantee(s annual financial statements which are audited by an independent certified public accountant.
(148-18-4. Audit Reports for Funds.
4.1. In lieu of the required report, the grantee may submit an audit performed by an independent CPA that complies with the Office of Management and Budget(s (OMB) Circular A-133 (Audits of States, Local Governments and Non-Profit Organizations) which includes a schedule of state grant receipts and expenditures and a related auditor(s opinion on whether the schedule is fairly stated in relation to the financial statements taken as a whole.
4.2. In lieu of the required report, the grantee may submit a financial audit, performed by an independent CPA, which complies with Government Auditing Standards issued by the Comptroller General of the United States if the audit includes a schedule of state grant receipts and expenditures and a related auditor(s opinion on whether the schedule is fairly stated in relation to the financial statements taken as a whole.
4.3. Any independent audit report prepared in accordance with Government Auditing Standards or OMB Circular A-133 and submitted before the effective date of this rule shall be considered acceptable in its current form only if it otherwise complies with the provisions of the W. Va. Code (12-4-14.
4.4. All audit work papers shall be retained by the independent certified public accountant performing such audit for a period of five (5) years following the date of issuance of the audit report.
(148-18-5. Sworn Statements of Expenditures Made Under Grants.
5.1. Any grantee who: 1) receives one or more state grants in an aggregate amount of less than $50,000; 2) is not required to file a report because the grantor causes an audit of the grant funds to be conducted by an independent certified public accountant using Government Auditing Standards and a copy of the audit is available for public inspection; or 3) is not required to file a report because an audit complying with the Office of Management and Budget Circular A-133 is substituted for the report, shall file with each grantor a sworn statement of expenditures, notarized by a notary public in good standing with the Secretary of State, for all applicable state grants. The form shall indicate that the grantee has sworn to or affirmed the truthfulness and completeness of the information contained in the statement of expenditures.
5.2. The sworn statement of expenditures may be in a form approved by the grantee or the grantor, the final decision of which rests with the grantor.
5.3. A sworn statement of expenditures shall include at least:
5.3.1. Name, address, telephone number and federal employer identification number (FEIN) of the grantee.
5.3.2. Identifying information about the state grant (e.g. grant number).
5.3.3. Period(s) covered.
5.3.4. Total amount of the award.
5.3.5.Funds received under the grant.
5.3.6. A listing of expenditures to include, at a minimum, the level of detail (categories, line items, cost centers, etc.) as contained within the related grant budget.
5.3.7. Ending balance (remaining balance of funds associated with the state grant), if applicable.
5.4. The sworn statement shall be in the following form:
(This is to certify that I have reviewed the enclosed Statement of Grant Receipts and Expenditures submitted herewith and, to the best of my knowledge and belief, said statement represents all financial activities related to the receipt, use and expenditure of funds granted by the [GRANTOR] to [GRANTEE] and that the expenditures reported were for the purposes intended and in compliance with applicable laws, regulations and the terms and conditions of the grant documents. The Statement of Grant Receipts and Expenditures is presented on the [ACCRUAL / CASH] basis of accounting and is supported by our financial records and related documentation.(
5.5. A senior representative of the grantee who possess the authority to bind the grantee (e.g. Chief Executive Officer, Controller, Director of Finance, Chief Financial Officer, etc.) must sign the statement and provide his or her printed name, title and date of signature, and shall be in a form approved by the grantor. The senior representative of the grantee shall swear or affirm that the amounts of disbursements shown on the sworn statement were expended as prescribed by the applicable West Virginia Code. The signature attesting to the sworn statements shall be notarized by a certified notary public in good standing with the Secretary of State.
5.6. The grantee shall submit the sworn statement of expenditures within two years after the end of the fiscal year in which the grantor disbursed state grants to the grantee. If the grantee(s fiscal year end is different from the State(s fiscal year end (June 30), the grantee shall file the report within two years after the end of its fiscal year following the state fiscal year in which the funds were disbursed.
5.7. Any sworn statement of expenditures submitted before the effective date of this rule shall be considered acceptable in its current form only if it otherwise complies with WV Code (12-4-14.
(148-18-6. Debarment.
6.1. Any grantee failing to file a required report or sworn statement of expenditures for state grants disbursed after July 1, 2003, within the required time is barred from subsequently receiving further state grants until the grantee complies with its reporting responsibilities and is otherwise in compliance with the provisions of this rule.
6.2. The grantor has primary responsibility for determining if the grantee has filed a required report or sworn statement of expenditures, the date the report or statement was filed, and if the report or statement meets all Statutory and Administrative requirements. Proof of grounds for debarment must be clear and convincing.
6.3. The grantor shall administer the debarment process.
6.3.1. Once the grantor determines that a grantee should be debarred, the grantor shall notify the grantee by certified mail, return receipt requested, of the reasons and the causes relied upon for the proposed debarment.
6.3.2. If the grantee disputes the proposed debarment, it must submit its argument to the grantor in writing within 30 calender days after receipt of the notice.
6.3.3. If a grantee contests the debarment decision, the grantor shall decide the matter in accordance with the provisions of W. Va. Code (29A-5-1 et seq.
6.4. The grantor is responsible for notifying the Legislative Auditor when a grantee has been debarred from receiving state grants.
6.5. A grantee(s failure to satisfy its reporting responsibilities under W. Va. Code (12-4-14 with regard to one state grant precludes the grantee from receiving other state grants, from either the same state spending unit or from a different one.
6.6. The reporting requirements and related penalty provisions associated with W. Va. Code (12-4-14 do not affect a grantee(s ability to apply for federal financial assistance or receive other types of funding, such as those referenced within Section 2.4 of this rule.
6.7. Before disbursing a state grant, the grantor shall first confirm with the Legislative Auditor that the person seeking the State grants has not been debarred.
(148-18-7. Grantor Reporting Requirements.
7.1. Any grantor shall, in a manner designated by the Legislative Auditor, provide information identified in (12-4-14(e) of the W. Va. Code.
7.2. The grantor shall notify each grantee of the reporting requirements set forth in this section.
7.2.1. For state grants that have already been fully negotiated and signed by the responsible parties, the grantor may satisfy the notification requirement through transmittal of an ancillary communication to the grantee.
7.2.2. For state grants that have yet to be fully negotiated and signed by the responsible parties, the grantor shall incorporate a clause within its formal grant agreement, contractual document or grant award notification letter to convey the reporting requirements under W. Va. Code (12-4-14.
7.3. A grantor shall provide written notice to the Legislative Auditor of any grantee failing to file a required report or sworn statement of expenditures for a state grant disbursed after July 1, 2003, within the required time.
7.4. The grantor(s obligation to report noncompliant grantees to the Legislative Auditor begins 180 days after the effective date of this rule.
7.5. If any report or sworn statement of expenditures submitted pursuant to this section provides evidence of a reportable condition, significant deficiency, or violation, including deficiencies in internal controls; illegal acts; violation of a provision of a contract or grant agreement; errors; abuse; or any other contingency or matter that could negatively affect or have a negative result on administration of the state grant or related program, the grantor shall provide a copy of the report or sworn statement of expenditures to the Legislative Auditor within thirty days of receipt.
7.7. The grantor shall maintain copies of reports and sworn statements of expenditures for public inspection as well as for use in internal audits, performance reviews or other monitoring efforts.
(148-18-8. Verification Process.
8.1. Before awarding a state grant, a grantor shall take reasonable actions to verify that the person seeking the state grant is not barred from receiving said grant. The verification process shall include one of the following:
8.1.1. A clause within the formal grant agreement (or other contractual) document, signed by a senior representative of the person seeking the grant before a notary public in good standing with the Secretary of State. (Under penalty of law for false swearing (W. Va. Code (61-5-3), [PERSON] certifies that by signing this grant agreement on the signature page that [PERSON] and all related parties have filed all reports for state grants received as required under W. Va. Code (12-4-14.(
8.1.2. A separate notarized sworn statement of compliance from the person seeking the state grant stating that the person has filed all (reports( and sworn statements of expenditures pursuant to the requirements of W. Va. Code (12-4-14. A senior representative of the person must sign the notarized statement and provide his or her printed name, title and date of signature. The sworn statement shall include the following clause: (Under penalty of law for false swearing (W. Va. Code (61-5-3), [PERSON] certifies that by signing this sworn statement [PERSON] and all related parties have filed all reports for state grants received as required under W. Va. Code (12-4-14.(
8.2. In addition to verification obtained directly from the person seeking the grant, the grantor shall obtain confirmation from the Legislative Auditor that the person seeking the state grant has not been debarred or otherwise failed to file a report or sworn statement of expenditures. The grantor may satisfy this requirement by accessing the computerized database as maintained by the Legislative Auditor.
148CSR18
Series 19 Leasing of Space and Acquisition of Real Property on Behalf of State Spending Units
W. Va. Code R. § 148-19-1 General
1.1. Scope. -- This Legislative Rule provides for the selection, negotiation and acquisition by contract or lease of all grounds, buildings, office space or other space required by any spending unit of the executive branch of State government. This Legislative Rule, except as otherwise set forth in §148-19-10 of this Rule, does not apply to: public lands, rivers and streams acquired or managed by, or which title is vested in or transferred to, the Division of Natural Resources; the Higher Education Policy Commission; the West Virginia Council for Community and Technical College Education; the institutional boards of governors in accordance with the provisions of subsection (v), section four, article five, chapter eighteen-b of the W. Va. Code; the real property held by the Department of Agriculture; the real property held by the West Virginia State Conservation Committee; and, except as to office space, the Division of Highways. This exemption does not apply to the office space of spending units of the executive branch.
1.2. Authority. -- W. Va. Code §5A-10-11.
1.3. Filing Date. – April 2, 2019.
1.4. Effective Date. – April 2, 2019.
1.5. Sunset provision. – This rule shall terminate and have no further force or effect upon April 2, 2029.
W. Va. Code R. § 148-19-2 Request for Leased Space
2.1. Generally.
2.1.a. A spending unit desiring to lease any ground, building, office space or other space shall submit to the Real Estate Division of the Department of Administration a completed Requisition for Leased Space on the form provided by the Real Estate Division, signed by the chief executive officer of the spending unit or his or her designee, no later than six months prior the date the space is required.
2.1.b. The requisition shall require that the spending unit provide any information requested by the Executive Director to accurately assess the spending unit’s leasing needs. The requisition shall contain a certification by the chief executive officer of the spending unit or his or her designee that the space is necessarily required for the proper function of the spending unit, that the spending unit will be responsible for all rent and other necessary payments in connection with the lease, and that satisfactory space is not available on grounds or in buildings now owned or leased by the State.
2.1.c. A request to renew an existing lease with or without changes shall be submitted by requisition no later than six (6) months prior to expiration of the existing lease. The Executive Director shall determine if it is necessary to seek proposals for new leases within thirty days of such submission. The current landlord will be simultaneously notified by the Executive Director upon the determination of the necessity to seek proposals for new leases.
W. Va. Code R. § 148-19-3 Authority, Lease Acquisition, Negotiation, Inspection and Notification
3.1. Authority.
The Executive Director has the sole authority to select and to acquire by lease, in the name of the State, all grounds, buildings, office space or other space for and on behalf of any spending unit except those spending units exempted under W. Va. Code §5A-10-2.
3.2. Lease Acquisition and Lessor Registration.
3.2.a. Following the Real Estate Division’s receipt of the spending unit’s Requisition for Leased Space, the Executive Director may require the spending unit to provide further justification or may approve the requisition as submitted or as modified by the Executive Director. If the spending unit has requested a specific location or property (referred to herein as “sole source”), the Executive Director may approve the sole source request upon receipt of written justification made by the spending unit explaining in detail why the space is being requested as a sole source. The Executive Director may make any further inquiry or investigation and may require any further certification from the spending unit that he or she deems necessary to determine whether an approval of the sole source request is in the best interests of the State. When a spending unit requests additional space in the same building in which they are already leasing space, the additional space may be considered a sole source and the existing lease may be amended accordingly.
3.2.b. If a request for leased space which is not a sole source is approved, the spending unit shall submit additional criteria for the requested space to the Executive Director to advertise for the requested space. The Executive Director shall review submitted criteria and may include this criteria in any bid specifications or requirements that may be set forth in a Solicitation of Interest.
3.2.c. Following approval of a spending unit’s request for leased space, the Executive Director shall find, inspect and select appropriate space for the spending unit. For all leases of office space in excess of 10,000 square feet net, the Executive Director shall issue a Solicitation of Interest in the State Purchasing Bulletin in order to elicit responses from the largest number of lessors registered as vendors with the Purchasing Division as set forth in subsection 3.2.f. of this Rule. For all leases of office space less than 10,000 square feet net, the Executive Director shall not be required to issue a Solicitation of Interest but shall find and select the appropriate space for the spending unit by the manner in which he or she determines to be most efficient and effective for the spending unit’s request, which may include issuing a Solicitation of Interest. The Executive Director may further advertise the Solicitation of Interest by whatever other means he or she chooses to elicit the largest number of responses from potential bidders.
3.2.d. Where a Solicitation of Interest is issued, the Executive Director shall provide bid specifications to all bidders. The Executive Director shall require that each bid for office space clearly disclose: (i) the Usable Square Feet offered to the spending unit and the corresponding Rentable Square Feet, as those terms are defined in the then current Building Owners and Managers Association Method for Measuring Floor Area in Office Buildings; (ii) the names of the owner(s) of the property offered for lease. If the property offered for lease is owned by a legal entity as opposed to an individual, e.g., a corporation, limited liability company, limited partnership, partnership, etc., then the Executive Director shall also require that the bid disclose the names of all of the respective owners thereof; (iii) include a complete and accurate description of the building in which the office space offered for lease is housed and the mechanical equipment installed therein on a form provided by the Real Estate Division; and (iv) photographs of the office space offered for lease, including the building in which the office space is housed. Bid specifications may include, at the Executive Director’s discretion, special consideration, including but not limited to, consideration for revitalization of downtown areas and historical areas, and facilities that are on the National Register of Historic Places.
3.2.e. Where bid proposals are received by the Real Estate Division pursuant to a Solicitation of Interest, the Executive Director will evaluate and rate all qualifying bid proposals, and may, at any time during the evaluation process, utilize any persons who possess expertise or knowledge associated with the proposed lease to review bids and recommend an award. Such persons shall complete and sign a non-conflict of interest form, as provided by the Executive Director, with regard to any of the bids to be evaluated. The Executive Director shall not utilize any person who, as determined by the Executive Director, has an existing conflict of interest with any of the bids to be evaluated. The Executive Director shall select one or more bidders, if any, and initiate negotiations with the selected bidder(s) pursuant to Subsection 3.3 of this Rule. All non-selected bidders shall be promptly notified by the Executive Director. The Executive Director reserves the right to cancel a Solicitation of Interest at any time.
3.2.f. The Real Estate Division shall establish and maintain a list of registered lessors. Lessors shall be considered vendors and register with the Purchasing Division pursuant to 148 CSR 1-6.1. The Department of Administration shall ensure that all registered lessors receive the State Purchasing Bulletin in which all Solicitations of Interest shall be published.
3.3. Lease Negotiation.
The Executive Director shall negotiate with one or more potential lessors following the approval of a spending unit’s requisition. Where a Solicitation of Interest has been issued, or where some other manner of seeking leased space from potential lessors has been undertaken by the Executive Director, the Executive Director may enter into simultaneous negotiations with any of the selected bidders as set forth in Subsection 3.2.e of this Rule or with any potential lessors. All recommendations and bids shall remain confidential until execution of the lease.
3.4. Lease Notification.
The Executive Director shall provide written notification to the spending unit of his or her selection of space prior to execution of the lease.
W. Va. Code R. § 148-19-4 Fair Rental Value
4.1. Before executing any lease, the Executive Director shall determine the fair rental value for the rental of the requested space by the manner which he or she determines to be most efficient and effective for the spending unit’s request. To determine the fair rental value of the space requested, the Executive Director may cause an appraisal to be conducted by a licensed real estate appraiser and may require the spending unit to pay for the cost of the appraisal.
4.2. The Executive Director may not enter into any lease if the rental exceeds the fair rental value of the space requested.
W. Va. Code R. § 148-19-5 Lease Terms and Execution
5.1. General.
A lease shall be prepared by the Executive Director. The term of the lease shall not exceed forty years. Leases for a term of more than six months, including any options, shall be filed with the State Auditor. If the term of the lease is for a period longer than one year, the following terms and conditions, in substance, shall be included in the lease:
5.1.a. The Department of Administration, as lessee, has the right to cancel the lease without further obligation on the part of the State upon thirty days’ written notice to the lessor, such notice being given at least thirty days prior to the last day of the succeeding month.
5.1.b. The lease shall be considered canceled without further obligation on the part of the State in the event the West Virginia Legislature or the federal government fails to appropriate sufficient funds with which to pay the rentals and other sums reserved in the lease, or otherwise acts to impair the lease or causes it to be canceled. The Department of Administration shall promptly give written notice of such cancellation to the applicable lessor.
5.1.c. The lease shall be considered renewed for each fiscal year during the term of the lease unless canceled by the Department of Administration before the end of the then current fiscal year.
5.2. The lease may be executed in any number of counterparts, as determined by the Executive Director, each of which shall constitute an original and which taken together, shall constitute one and the same lease. All leases shall be acknowledged before a notary public by each signatory.
5.3. Execution by the Lessor.
5.3.a. Prior to execution of a lease, the lessor shall register as a vendor with the Purchasing Division pursuant to Subsection 3.2.f of this Rule.
5.3.b. When the lessor is a corporation, or other corporate entity, the lease shall be executed by its president or vice president and duly attested to by another officer of the corporation. The corporate seal shall be affixed, when available.
5.3.c. When the lessor is a limited liability company which is member managed, any member authorized to bind the limited liability company shall execute the lease. When the lessor is a limited liability company which is manager managed, the manager shall execute the lease on behalf of the limited liability company.
5.3.d. When the lessor is an individual or sole proprietor, the lease shall be executed by the owner of the property or his or her authorized representative.
5.3.e. When the lessor is a partnership, any partner authorized to bind the partnership shall execute the lease. In a limited partnership, the general partner may execute the lease on behalf of the limited partners.
5.3.f. When an individual or sole proprietor lessor is married, his or her spouse must also execute the lease, even if the subject property has been deeded to only one of the parties.
5.3.g. If an individual or corporate entity other than the owner of the property is authorized to execute the lease on behalf of the owner or receive rentals and notices, written authorization, duly signed by the property owner, shall be filed with the Executive Director at the time of execution of the lease by the lessor.
5.4. Execution by the Lessee.
The Executive Director shall execute each lease in the name of the State for and on behalf of the spending unit requesting the space after execution by the lessor. Execution of a lease by the Executive Director on behalf of a spending unit will in no way make the Executive Director, the Secretary or the Department of Administration, or any party other than the spending unit requesting the space, responsible for the payment of any rentals or other sums contemplated by the lease. All rentals and other sums shall be paid by the spending unit on whose behalf the Executive Director executed the lease.
5.5. Approval as to Form.
Following execution of the lease by the Executive Director, the lease shall be transmitted to the office of the Attorney General for approval as to form. Leases that have been approved as to form by the Attorney General shall be filed with the Real Estate Division, with copies being sent to the lessor, the office of the Auditor if the term of the lease, including any options, is for more than six months, and the spending unit.
W. Va. Code R. § 148-19-6 Lease Cancellation
6.1. In order to allow sufficient delivery time and to comply with the conditions of the lease, a spending unit desiring to cancel a lease must submit a letter requesting cancellation to the Executive Director no later than sixty days prior to the requested cancellation date. The letter must be signed by the chief executive officer of the spending unit or his or her designee. The Executive Director shall immediately forward a copy of the letter requesting cancellation to the Secretary of the Department of Administration or his or her designee and may assist the Secretary of the Department of Administration or his or her designee in determining whether the request for cancellation will be granted. If the spending unit’s request for cancellation is granted, the Secretary of the Department of Administration or his or her designee shall send written notice to the lessor at the last known address on file with the Real Estate Division, notifying the lessor of the cancellation and the effective date of the cancellation.
W. Va. Code R. § 148-19-7 Delegation of Authority for Leasing of Temporary Space
7.1. The Executive Director may authorize spending units to lease temporary space, other than office space, including conference meeting rooms, as well as for athletic events, seminars or other educational, recreational or social events in an amount less than $10,000. The spending unit shall complete a WV-15 Request for Temporary Space, as provided by the Real Estate Division, and if the temporary space lessor requires a lease to be executed by the spending unit for the temporary space, the lease shall not have a term exceeding six months, and the spending unit shall require that the temporary lessor execute a WV-96 Agreement Addendum to accompany such lease.
W. Va. Code R. § 148-19-8 Leases Between State Spending Units for Space
8.1. Leases between spending units of the State for space shall be prepared by the Executive Director, unless otherwise directed by the Executive Director, and shall be signed by the Executive Director on behalf of the lessee and by the chief executive officer of the lessor or his or her designee.
W. Va. Code R. § 148-19-9 Real Property Acquisition
9.1. Authority.
The Executive Director, has the sole authority to select, inspect and to acquire by contract, in the name of the State, real property which is necessarily required by any spending unit except those spending units exempted under W. Va. Code §5A-10-2. Said real property to be acquired may be purchased from Department of Administration funds, the requesting spending unit’s funds, or any other funds available to a requesting spending unit which may properly be applied to the purchase of real property.
9.2. Applicability.
Any contracts wherein the State purchases real property, is deeded real property, or has the right or option to purchase real property at any time or at the conclusion of the contract, shall be treated as a real property acquisition under Section 9 of this Rule.
9.3. Request to Purchase Real Property.
9.3.a. A spending unit desiring to have the Executive Director acquire real property on its behalf shall submit to the Real Estate Division a completed Requisition for Real Property on the form provided by the Real Estate Division signed by the chief executive officer of the spending unit or his or her designee. The requisition shall require that the spending unit provide information necessary for the Executive Director to accurately assess the spending unit’s real property needs, including but not limited to, the number of employees contemplated in the request, current location and space utilized, anticipated location and space to be utilized, customer needs, parking needs, and any other information which the Executive Director may request be provided. The requisition shall contain a certification by the chief executive officer of the spending unit or his or her designee that the real property is necessarily required for the proper function of the spending unit and that satisfactory grounds, buildings, office space or other space are not available on real property now owned or leased by the State.
9.3.b. Upon receipt of the spending unit’s request, the Executive Director may require further justification or may approve the request as written. If the spending unit has requested a specific location or property (referred to herein as “sole source”) the Executive Director may approve the sole source request with written justification made by the spending unit explaining in detail why the real property is being requested as a sole source. The Executive Director may make any further inquiry or investigation and may require any further certification from the spending unit that he or she deems necessary to determine whether an approval of the sole source request is in the best interests of the State.
9.4. Selection.
9.4.a. If a request for real property which is not a sole source is approved, the spending unit shall submit criteria for the real property to be acquired to the Executive Director. The Executive Director shall review the submitted criteria and may include this criteria in any bid specifications or requirements that may be set forth in a Solicitation of Interest.
9.4.b. The Executive Director may, at his or her discretion, issue a Solicitation of Interest in the State Purchasing Bulletin and by whatever other means he or she so chooses in order to elicit responses from the largest number of potential bidders.
9.4.c. Where a Solicitation of Interest is issued, the Real Estate Division shall provide specifications to all potential bidders. Bid specifications may include special considerations, including but not limited to, consideration for revitalization of downtown areas and historical areas, and facilities that are on the National Register of Historic Places.
9.4.d. Where bids are received pursuant to a Solicitation of Interest, an evaluation committee shall be appointed by the spending unit with the approval of the Executive Director, or, at the request of the spending unit, the Executive Director may form an evaluation committee on behalf of the spending unit to review and rank qualifying bids. The evaluation committee shall consist of persons possessing expertise or knowledge associated with the real property to be acquired. Each member of the evaluation committee shall complete and sign a non-conflict of interest form, as provided by the Executive Director, as to the bids to be evaluated.
9.4.e. Where bids are received pursuant to a Solicitation of Interest, the Executive Director shall select one or more bidders, if any, ranked by the evaluation committee and initiate negotiations with the bidder(s) pursuant to Subsection 9.5 of this Rule. All non-selected bidders shall be promptly notified by the Executive Director. The Executive Director reserves the right to cancel a Solicitation of Interest at any time.
9.5. Negotiation.
The Executive Director shall negotiate with a sole source property owner or, if applicable, one or more selected bidders pursuant to Subsection 9.4.e of this Rule. The Executive Director may enter into simultaneous negotiations with any of the selected bidders. All recommendations and bids shall remain confidential until execution of the contract.
9.6. Fair Market Value.
Before executing any contract, the Executive Director shall determine the fair market value of the real property by the manner in which he or she determines to be most efficient and effective for the spending unit’s request. To determine the fair market value of the real property requested, the Executive Director may cause an appraisal to be conducted by a licensed real estate appraiser and may require the spending unit to pay for the cost of the appraisal.
9.7. Preparation of Contract to Purchase Real Property.
A contract shall be prepared by the Executive Director, and shall not be executed until the spending unit’s chief executive officer or his or her designee has provided the Executive Director with a written certification, in the form provided by the Real Estate Division, that sufficient funds are available and may be properly applied to the purchase price of the real property to be acquired by the Executive Director. Upon receipt of the certification of funding, the Executive Director shall inform the State Auditor of the impending real property acquisition, and of the funds which will be applied to the purchase price of the real property.
9.8. Execution by the Seller.
9.8.a. When the seller is a corporation, or other corporate entity, the contract shall be executed by its president or vice president and duly attested to by another officer of the corporation, usually the secretary. The corporate seal shall be affixed, when available.
9.8.b. When the seller is a limited liability company which is member managed, any member authorized to bind the limited liability company shall execute the contract. When the seller is a limited liability company which is manager managed, the manager shall execute the contract on behalf of the limited liability company.
9.8.c. When the seller is an individual or sole proprietor, the contract shall be executed by the owner of the property or his or her authorized representative.
9.8.d. When the seller is a partnership, any partner authorized to bind the partnership shall execute the contract. In a limited partnership, the general partner may execute the contract on behalf of the limited partners.
9.8.e. When an individual or sole proprietor is married, his or her spouse must also execute the contract, even if the subject property has been deeded to only one of the parties.
9.8.f. If an individual or corporate entity other than the owner of the property is authorized to execute the contract on behalf of the owner, written authorization, duly signed by the property owner, shall be filed with the Executive Director at the time of execution of the contract by the seller.
9.9. Execution by the Executive Director.
The Executive Director shall execute each contract in the name of the State for and on behalf of the spending unit requesting the real property after execution by the seller. Execution of a contract by the Executive Director on behalf of a spending unit will in no way make the Executive Director, the Secretary or the Department of Administration, or any party other than the spending that provided the Executive Director with a certification of funding pursuant to Subsection 9.7 of this Rule, responsible for the payment of any sums contemplated by the contract.
9.10. Approval as to Form Following execution of the contract by the Executive Director, the contract shall be transmitted to the office of the Attorney General for approval as to form. Contracts that have been approved as to form by the Attorney General shall be filed with the Real Estate Division, with copies being sent to the seller, and the spending unit.
W. Va. Code R. § 148-19-10 Real Property Accounting and Records
10.1. All real property owned or leased by the State shall be accounted for by the spending unit that owns, leases, or is in the possession of the real property.
10.2. Each spending unit shall establish and maintain a record of each item of real property it owns, leases, or possesses, shall annually report its real property inventory in the centralized accounting system maintained by the Enterprise Resource Planning Board, and provide, on or before December 30th, its records to the Real Estate Division in a format that is approved by the Real Estate Division: Provided, That any change in ownership status or occupancy of real estate must be reported within thirty days of the change by the spending unit to the centralized accounting system maintained by the Enterprise Resource Planning Board, and to any cabinet secretary or equivalent agency head to which the spending unit reports. Said reporting shall include:
10.2.a. A description of the real property including address and lot number if available, or a description of the subject lease, and the county where the property is located.
10.2.b The date the property was purchased or leased.
10.2.c. The purchase price of the property or the rental costs of leased real property.
10.2.d. The name of the spending unit or owner holding title to or leasing the real property.
10.2.e. A description of the current uses of the property as well as a description of projected future uses.
10.2.f. A description of all buildings, structures or other improvements located on the property.
10.2.g. The identity of any written agreements affecting the real property, including but not limited to, covenants, easements, rights of ways, etc.
W. Va. Code R. § 148-19-11 Emergency Situations
11.1. In the event the Executive Director is unable to perform his or her duties or in the event of a vacancy, all powers and duties of the Executive Director shall reside in the Secretary of the Department of Administration.
11.2. In the event of a natural disaster or other emergency situation, the Real Estate Division shall be exempt from the normal leasing and real property acquisition rules and procedures. In the event of a natural disaster or emergency situation, the Executive Director shall continue to have the authority to select and to acquire by contract or lease, in the name of the State, all grounds, buildings, office space or other space for and on behalf of any spending unit. An emergency situation is an emergent need for space due to unforeseen circumstances that are out of the control of the Executive Director.
11.3. The spending unit shall notify the Real Estate Division at the earliest possible date of any emergency situation and its need to rent, lease, or purchase space or to relocate from an existing lease. This notice will allow the Executive Director to better assist the spending unit and determine space alternatives that may be available in a given area if necessary.
Series 20 Controlling The Public Land Corporation's Sale, Lease, Exchange Or Transfer Of Lands And Minerals
W. Va. Code R. § 148-20-1 General
1.1. Scope and Purpose. -- This rule provides information and guidance for the sale or lease of lands or minerals by the Public Land Corporation.
1.2. Authority. -- W. Va. Code §§5A-11-1 through 5A-11-8.
1.3. Filing Date. -- April 11, 2008.
1.4. Effective Date. -- July 1, 2008.
W. Va. Code R. § 148-20-2 Definitions
2.1. “Board of Directors” means the governing body of the Public Land Corporation.
2.2. “Competitive Sale ” means a sale to the highest responsible bidder at a public offering utilizing sealed bids.
2.3. “Direct Sale ” means a sale without competitive bidding to an adjoining landowner who offers to pay the “fair market value” or a sale to a government entity at less than “fair market value”.
2.4. “Fair market value” means the value determined by an appraisal made by the Real Estate Division using the principles contained in the current Uniform Appraisal Standards for Federal Land Acquisitions published under the auspices of the Interagency Land Acquisition Conference.
2.5. “Modified Competitive Sale” means a sale to a government entity or adjoining landowner who meets the highest bid at a public offering.
2.6. “Public Land Corporation” or “corporation” means a unit of the Department of Administration vested with the title of the State of West Virginia in certain public lands.
2.7. “Secretary” means the Executive Secretary of the Public Land Corporation who shall be appointed by the Director of the Real Estate Division of the Department of Administration.
W. Va. Code R. § 148-20-3 Rules for Sale, Exchange or Transfer of Land or Minerals
3.1. The Secretary of the Public Land Corporation shall present to the Board of Directors of the Public Land Corporation any proposed land sale, exchange, transfer or lease of land or minerals. If the Board of Directors authorizes consideration of the project, then the Secretary will have one year to gather the information needed and present it to the Board of Directors to make a final decision as follows:
3.1.a. Determine the “fair market value” of the land or minerals through an appraisal or assistance from an independent mineral consultant;
3.1.b. The agency that is proposing the sale or lease must prepare and reduce to writing the reasons and supporting data regarding the sale, lease, exchange or transfer of land or minerals. The written reasons required under this section shall be made available by the corporation for public inspection at the office of county clerk at the county courthouse of each county in which the affected lands or minerals are located during the two successive weeks before the date of the required public hearing;
3.1.c. Provide for a public hearing to be held at a reasonable time and place within each county in which the affected lands or minerals are located to allow interested members of the public to attend the hearing without undue hardship. Members of the public may be present, submit statements and testimony and question the corporation’s representative;
3.1.d. At least thirty days before the public hearing, provide notice to all members of the Legislature, to the head of the governing body of any political subdivision having zoning or other land use regulatory responsibility in the geographic area within which the public lands or minerals are located and to the head of any political subdivision having administrative or public services responsibility in the geographic area within which the lands or minerals are located;
3.1.e. Publish a notice of the required public hearing. The notice shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of the West Virginia Code and the publication area shall be each county in which the affected lands or minerals are located. The public hearing will not be held until at least 14 days after the first publication of the notice. The notice shall contain the time and place of the public hearing along with a brief description of the affected lands or minerals;
3.1.f. Post a copy of the required notice in a location in plain sight at the affected land for members of the public to observe. The notice (8½” x 11”) shall remain posted for two successive weeks prior to the date of the public hearing;
3.1.g. Appoint a representative of the Public Land Corporation to conduct the public hearing. The representative shall be knowledgeable of all the facts and circumstances surrounding the proposed sale, lease, exchange or transfer. The representative conducting the public hearing shall make the results of the hearing available to the Public Land Corporation for its consideration at least five days prior to the Board of Directors making final decisions regarding the affected lands or minerals. The representative shall make a report of the public hearing available for inspection by the public, or, upon written request of any interested parties. A written copy will be provided to the president of the county commission, county clerk, and any municipality in which the effected lands may be located and pursuant to 3.1.d; and any individual requesting a copy of same within thirty days following the public hearing; and
3.1.h. If the evidence at the public hearing establishes by a preponderance that the appraisal provided for in subsection (a) of section 3.1 of this rule does not reflect the true, fair market value, the Public Land Corporation shall have another appraisal completed.
3.1.i. If the evidence at the public hearing establishes by a preponderance that the sale or exchange of land does not meet any of the criteria set forth below, the Public Land Corporation may not proceed with the sale or exchange of the land without judicial approval.
3.2. Disposal Criteria
3.2.1. The tract was acquired for a specific purpose and the tract is no longer required for that or any other state purpose;
3.2.2. Disposal of the tract serves important public objectives including, but not limited to, expansion of communities and economic development which cannot be achieved on lands other than public lands and which clearly outweigh other public objectives and values including, but not limited to, recreation and scenic values which would be served by maintaining the tract in state ownership; or
3.2.3. The tract, because of its location or other characteristics, is difficult and uneconomic to manage as part of the public lands and is not suitable for management by another state department or agency;
3.3. The Public Land Corporation may not sell, lease as lessor, exchange or transfer lands or minerals for at least 30 days following the public hearing or fifteen days after the report of the public hearings are made available to the public in general whichever is later.
3.4 With the approval of the Board of Directors, the Executive Director of the Real Estate Division shall sign the contract, lease, or deed.
W. Va. Code R. § 148-20-4 Bidding Procedures for Land Sales
4.1. Sales, exchanges or transfers of public lands by the Public Land Corporation will generally be conducted under competitive bidding procedures. The Secretary may sell lands by modified competitive bidding or by direct sale when it furthers public policies including a preference for adjoining property owners, county or city governments, or individuals who utilize the property. In recognizing public policies, the Secretary shall give consideration to the following potential purchasers: local government entities which are in the vicinity of the lands, and/or adjacent landowners as a potential purchaser.
4.2. Competitive bid sales will be used:
4.2.1. Where the lands are assessable and usable regardless of land ownership.
4.2.2. The lands are within a developing or urbanizing area and land values are increasing due to the location of the land and interest on the competitive market.
4.3. Modified competitive sales and direct sales:
4.3.1. Adjoining landowners or local government entities may use the modified competitive sales to meet the high bid at the public sale. Lands otherwise offered under this procedure would normally be public lands not located near urban expansion area, or not located near areas with rapidly increasing land values, and where existing use of adjacent lands would be jeopardized by sale under competitive bidding procedures.
4.3.2. Direct sale may be used when the lands offered for sale are completely surrounded by lands in one ownership with no public access, or where the lands are needed by local governments.
4.3.3. Lands will not be offered for sale by “modified competitive sales” or “direct sale” unless the Public Land Corporation makes a written finding of justification for use of an alternative bidding procedure.
4.4. Subject to the bidding procedures set forth herein, the Public Land Corporation is authorized, at its discretion, to sell public lands subject to rights-of-way, restrictive covenants or easements retained by the Public Land Corporation, limiting the use of such lands to purposes consistent with the use of adjoining or nearby lands owned by the Public Land Corporation.
4.5. If lands have been offered for sale by one method of sale and the lands remain unsold, then the lands may be reoffered by another method of sale. However, if the provisions of the rules are complied with and no bid equal to or in excess of the fair market value is received, the Public Land Corporation may, at any time during a period of six months after the opening of the bids, sell the property, but the contract price may not be less than the fair market value.
4.6. Public lands may be sold, exchanged or transferred to any federal agency or to the state or any of its political subdivisions for less than fair market value if, upon a specific written finding of fact, the corporation determines that such a transfer would be in the best interests of the Public Land Corporation and the state.
148CSR20
148CSR20
Series 21 Procedure For The Payment Of Unused Sick Leave To Employees
W. Va. Code R. § 148-21-1 General
1.1. Scope. -- These procedural rules shall set forth the procedures for payment to eligible employees for accrued and unused sick leave.
1.2. Authority. -- W. Va. Code §5-5-6.
1.3. Filing Date. -- July 8, 2010.
1.4. Effective Date. -- August 8, 2010.
W. Va. Code R. § 148-21-2 Definitions
2.1. “Application Date” -- means the date the employee’s certified Application for Payment of Unused Sick Leave & Reimbursement Agreement is received by the Secretary.
2.2. “Certified Application” -- means an Application for Payment of Unused Sick Leave and Reimbursement Agreement that has been certified by the Head of the Spending Unit, or his/her designee, for which the employee works certifying: that the employee is an eligible employee; the number of unused sick leave days available for which the employee may be paid; the employee’s current annual budgeted salary, which includes the employee’s base pay and does not include overtime pay or increment pay; the number of sick days the employee would have remaining after payment for available unused sick days; and the WV FIMS codes from which the employee is paid.
2.3. “Eligible Employee” -- means every eligible employee, as defined in W. Va. Code §§5-5-1 and 5-5-6, who is entitled upon retirement to credit his or her accrued annual and sick leave for extended insurance coverage as provided in section thirteen, article sixteen of chapter five of the Code, and who has accumulated at least sixty-five days of unused sick leave.
2.4. “Finance Director” -- means the Director of the Division of Finance for the Department of Administration.
2.5. “Secretary” -- means the Cabinet Secretary for the Department of Administration.
2.6. “Spending Unit” -- means any state office, department, agency, board, commission, institution, bureau or other designated body authorized to hire employees.
W. Va. Code R. § 148-21-3 Employee Application Procedure
3.1. Any eligible employee wishing to be paid for his/her unused sick leave shall complete the Application for Payment of Unused Sick Leave & Reimbursement Agreement form established by the Department of Administration and submit it to the head of the employee’s Spending Unit.
3.2. Said application shall include the following information:
3.2.a. The date on which the employee began employment with the State of West Virginia, the employee’s years of service, as defined under W. Va. Code §5-5-1, and the Spending Unit with which the employee is currently employed.
3.2.b. The number of unused sick days for which the employee is requesting payment.
3.2.c. The total number of unused sick days the employee has accumulated at the date of application.
3.2.d. The number of sick days the employee would have remaining after payment for available unused sick days. The employee must maintain a balance of at least fifty (50) days after payment.
3.2.e. The current budgeted annual salary of the employee seeking payment for unused sick leave. Current budgeted annual salary includes the base pay and does not include overtime pay or increment pay.
3.2.f. The current daily rate of pay of the employee seeking payment for unused sick leave, as well as an explanation of how the rate of daily pay was computed.
3.2.g. If the employee’s monthly salary exceeds the amount of the cap established in W. Va. Code §5-5-6(c)(1), the Application for Payment of Unused Sick Leave & Reimbursement Agreement shall reflect that the daily rate of pay was computed based upon such cap, or the legal amount allowed under §5-5-6(c)(1).
3.2.h. All sources of funds from which the employee seeking payment for unused sick leave is paid, including the WV FIMS codes.
3.3. Any employee wishing to be paid for his/her unused sick leave shall complete the appropriate state and federal tax forms prior to being paid for the employee’s requested unused sick leave days. Said forms are entitled IRS Form W-4 and State of West Virginia form WV/IT-104 and shall be submitted at the time of application.
3.4. The Department of Administration shall process the applications in the order of receipt and within thirty (30) days from receipt of such application.
W. Va. Code R. § 148-21-4 Spending Unit Certification
4.1. The authorized representative of the Spending Unit for which the employee works shall review the employee’s Application for Payment of Unused Sick Leave & Reimbursement Agreement. The authorized representative shall verify the eligibility of the employee and the number of unused sick days available for the employee requesting payment to the head of the Spending Unit.
4.2. The authorized representative of the Spending Unit for which the employee works shall review the Application for Payment of Unused Sick Leave and Reimbursement Agreement with the employee requesting payment to assist in that employee’s understanding of the full ramifications of the Agreement prior to the employee accepting the terms set forth therein.
4.3. The head of the Spending Unit, or his/her designee, shall then certify to the Secretary, within ten working (10) days from receipt of the application from the employee, that the employee requesting payment for his/her unused sick leave meets or does not meet all eligibility requirements. The head of the Spending Unit, or his/her designee, must also certify to the Secretary the number of unused sick leave days the employee has available for which he/she may be paid; the employee’s annual budgeted salary, which includes the base pay and does not include overtime pay or increment pay; the number of sick days the employee would have remaining after payment for available unused sick days; the employee’s daily rate of pay; and the sources of funds from which the employee is paid, including the WV FIMS codes. If the employee’s monthly salary exceeds the amount of the cap established in W.Va Code §5-5-6(c)(1), the Application for Payment of Unused Sick Leave & Reimbursement Agreement shall reflect that the daily rate of pay was computed based upon such cap, or the legal amount allowed under §5-5-6(c)(1).
4.4. The employee or head of the Spending Unit, or his/her designee, shall send the employee’s Applications for Payment of Unused Sick Leave & Reimbursement Agreement to the Secretary for approval and payment of unused sick leave once it has been certified by the head of the Spending Unit for which the employee works.
W. Va. Code R. § 148-21-5 Cabinet Secretary Authorization
5.1. Upon receipt of the certified Application for Payment of Unused Sick Leave & Reimbursement Agreement, the Secretary shall approve or disapprove the Application for Payment of Sick Leave and Reimbursement Agreement based upon the certified facts in the application within ten (10) working days.
5.2. In the event that the Application for Payment of Unused Sick Leave & Reimbursement Agreement is disapproved by the Secretary, the Secretary shall advise the employee, in writing, that his/her Application was denied setting forth the reasons for said decision with a copy to the head of the Spending Unit or his/her designee.
5.3. The Secretary shall process all certified Applications for Payment of Unused Sick Leave & Reimbursement Agreements which have been approved according to the Application Date. The Secretary shall advise the employee as to whether the employee’s application has been approved with a copy to the Spending Unit.
5.4. Following approval, the Secretary shall submit the original Application for Payment of Unused Sick Leave and Reimbursement Agreement to the Finance Director. The Finance Director shall process the Application for Payment of Unused Sick Leave and Reimbursement Agreement and submit it to the West Virginia State Auditor along with any other necessary completed documentation.
W. Va. Code R. § 148-21-6 Payment Procedure
6.1. Upon payment to an employee, whose salary is not paid from general revenue, the payroll clerk for the Spending Unit shall transfer funds into the State Employee Sick Leave Fund from the funds from which the employee is paid, in whole or in part, on a pro rata basis within ten (10) working days of receipt of invoice from the Finance Director. If funds are not immediately available for transfer, the Finance Director shall establish payment arrangements with the Spending Unit on a case-by-case basis.
6.2. Payments shall be made to eligible employees who have met all certification requirements, as long as funds are available in the State Employee Sick Leave Fund. The employee shall be paid at a rate equal to one quarter of their usual rate of daily pay as set forth in W. Va. Code §5-5-6. The daily rate of pay of an employee paid a monthly salary is calculated by multiplying the monthly salary by twelve and dividing that number by the number of workdays for that calendar year. Work day does not include weekends. In determining the daily rate of pay of an employee, the spending unit shall adhere to the salary caps in accordance with W. Va. Code §5-5-6(c)(1) and the life-time cap in accordance with W. Va. Code §5-5-6(b).
6.3. The Department of Administration shall issue a W-2 Form for the funds paid to the employee for their unused sick leave.
6.4. The West Virginia State Auditor shall include the funds received from the employee as wages on the employee’s tax form but shall establish a separate code to reflect that the income does not effect the calculation of the employee’s pension. Any payment for unused sick leave may not be a part of the employee’s final average salary computation.
6.5. The Spending Unit shall monitor the sick leave balance of the employee requesting payment for his/her unused sick leave to confirm the employee remains eligible from the time of request until the time of payment. If the employee becomes ineligible, the Spending Unit shall advise the Department of Administration prior to payment of the funds. The Spending Unit shall also advise the Department of Administration if the employee separates from employment.
6.6. In the event that the State Employee Sick Leave Fund has insufficient funds to pay the employees who have applied for payment in a fiscal year, then the employees who do not receive payment are eligible for payment in the next fiscal year without being required to reapply. Funds shall be paid in chronological order according to the “Application Date” unless the employee chooses to withdraw the application prior to the next fiscal year. The Finance Director shall maintain the approved applications until such funds are available for payment.
6.7. In the event that the State Employee Sick Leave Fund has insufficient funds to pay the employees who have applied for payment in a fiscal year, the Finance Director shall verify with the head of the Spending Unit, or his/her designee, that the employee is still eligible and meets all requirements of law prior to processing the Application for Payment of Unused Sick Leave & Reimbursement Agreement in the following fiscal year.
6.8. An employee who has been paid for his/her unused sick leave shall not be permitted to reacquire any sick leave days for which he/she received payment.
6.9. The Secretary, or his/her designee, shall direct the Head of the Spending Unit, or his/her designee, to deduct from the employee’s sick leave balance the number of sick leave days for which the employee was paid. The Head of the Spending Unit, or his/her designee, shall verify in writing to the Secretary, or his/her designee, the number of days that were deducted from the employee’s sick leave balance.
W. Va. Code R. § 148-21-7 Repayment of funds
7.1. Prior to an employee receiving payment for unused sick leave, the employee must first contract with the Department of Administration and agree to reimburse the State Employee Sick Leave Fund for the amount exchanged plus twelve percent interest per annum if the employee elects to separate from employment within sixty (60) months of the date of the exchange. Separation from employment with the State of West Virginia, for purposes of W. Va. Code §5-5-6, does not include death or retirement.
7.2. The Secretary shall pursue collection of the obligation directly or by contracting with a collection agency.
7.3. The State Auditor shall notify the Secretary when an employee who received payment for unused sick leave separates from employment so that the Secretary may pursue collection of the obligation. The Auditor shall provide reports to the Finance Director identifying all employees who received payment for their unused sick leave to ensure an employee does not receive payment more than once per year.
7.4. The Department of Administration shall not pay any employee more than $25,000.00 total compensation for such employee’s unused sick leave. If an employee requests additional funds the Department of Administration shall advise the employee that the employee has already received the maximum amount allowed by law.
W. Va. Code R. § 148-21-8 Record maintaining and reporting
8.1. Each Spending Unit shall maintain an accurate record of sick leave for every individual employed in that Spending Unit. Said record should be kept up to date and available to the Secretary upon request.
8.2. Each Spending Unit shall provide the Secretary, or his/her designee, a report of all sick days taken and all sick days accumulated for every employee in its unit by the last day of June of each fiscal year. Said annual report shall also identify the total sick leave days available to each employee.
8.3. The Secretary, or his/her designee, shall maintain sick leave records for all Spending Units.
148CSR21
148CSR21
Series 22 Certification For Small, Women And Minority-Owned Businesses
W. Va. Code R. § 148-22-1 General
1.1. Scope. -- This Legislative Rule is an explanation of the small, women-owned and minority owned business certification program established by the Department of Administration and administered by the Purchasing Division of the Department of Administration.
1.2. Authority. -- W. Va. Code 5A-3-59.
1.3. Filing Date. -- April 10, 2012.
1.4. Effective Date. -- July 1, 2012.
W. Va. Code R. § 148-22-2 Definitions
As used in this rule, all terms have the same meaning as provided in W. Va. Code 5A-1-1 and 5A-3-59, et seq. and as follows:
2.1. Affiliate means a business that is related to another business in any of the following ways: (1) a business directly or indirectly controls or has power to control another; (2) a business is directly or indirectly controlled by or subject to the power to be controlled by another; (3) a third party or parties controls or has the power to control two or more businesses; or (4) such an identity of interest exists between or among businesses that affiliation may be presumed.
2.2. Annual gross receipts includes all revenue in whatever form received or accrued from whatever source. Sources of revenue include, but are not limited to the sale of products or services, interest, dividends, rents, royalties, fees, or commissions.
2.3. Bid means an offer to perform services or contracting services, or to supply commodities or printing at a specified price.
2.4. Certification means the process by which a business is determined to be a small, women-owned, or minority-owned business.
2.5. Certified means the status accorded to an applicant upon the determination that the applicant has satisfied the requirements for certification as a small, women-owned or minority-owned business.
2.6. Code means the West Virginia Code.
2.7. Commodities means supplies, material, equipment, contractual services, and any other articles or things used by or furnished to a department, agency or institution of the state government.
2.8. Director means the Director of the Purchasing Division of the State of West Virginia, Department of Administration, or his designee.
2.9. Purchasing Division means the West Virginia Department of Administration, Purchasing Division.
2.10. Minority individual means an individual who is a citizen of the United States or a noncitizen who is in full compliance with United States immigration law and who satisfies one or more of the following definitions:
2.10.a. African American means a person having origins in any of the original peoples of Africa and who is regarded as such by the community of which this person claims to be a part.
2.10.b. Asian American means a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands, including, but not limited to, Japan, territory of the Pacific, India, Pakistan, Bangladesh or Sri Lanka and who is regarded as such by the community of which this person claims to be a part.
2.10.c. Hispanic American means a person having origins in any of the Spanish speaking peoples of Mexico, South or Central America, or the Caribbean Islands or other Spanish or Portuguese cultures and who is regarded as such by the community of which this person claims to be a part.
2.10.d. Native American means a person having origins in any of the original peoples of North America and who is regarded as such by the community of which this person claims to be a part or who is recognized by a tribal organization.
2.11. Minority-owned business means a business concern that is at least fifty-one percent owned by one or more minority individuals or in the case of a corporation, partnership, or limited liability company or other entity, at least fifty-one percent of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals and both the management and daily business operations are controlled by one or more minority individuals.
2.12. Printing means printing, binding, ruling, lithographing, engraving and other similar services.
2.13. Small business means a business, independently owned or operated by one or more persons who are citizens of the United States or noncitizens who are in full compliance with United States immigration law, which, together with Affiliates, has two hundred fifty or fewer employees, or average annual gross receipts of $10 million or less averaged over the previous three years.
2.14. State agency means any authority, board, department, instrumentality, institution, agency, or other unit of state government. State agency does not include any county, city, or town.
2.15. “Vendor” means any person, whether selling at retail or otherwise, engaged in furnishing or rendering services, selling commodities, or furnishing printing.
2.16. Women-owned business means a business concern that is at least fifty-one percent owned by one or more women who are citizens of the United States or noncitizens who are in full compliance with United States immigration law, or in the case of a corporation, partnership or limited liability company or other entity, at least fifty-one percent of the equity ownership interest is owned by one or more women who are citizens of the United States or noncitizens who are in full compliance with United States immigration law, and both the management and daily business operations are controlled by one or more women who are citizens of the United States or noncitizens who are in full compliance with United States immigration law.
W. Va. Code R. § 148-22-3 Verification of Small Business, Woman, or Minority Status
3.1. Proof of Small Business Status. -- Each owner of a small business applying for certification or recertification under these rules shall certify to the Director that the business is a small business as defined herein at the time the application is submitted. Upon request of the Director, the small business owner(s) shall submit documented proof of the status of the business. Such proof may include, but is not limited to, annual financial statements, federal income tax returns, state and/or local excise tax reports, employment rolls, and any other relevant information. The Director shall have sole discretion in determining whether a business is eligible to obtain small business status under these rules. The Director may verify that the business continues to be a small business at any time.
3.2. Proof of Woman's Status. -- Each woman owner of a business applying for certification or recertification under these rules shall certify to the Director that she is a woman. Upon request of the Director, the woman owner must submit documented proof of her status as a woman. Such proof may include, but is not limited to, a birth certificate, valid driver's license, or other similar documentation. The Director shall have sole discretion in determining whether an applicant is eligible to obtain woman status under these rules. The Director may verify the business owner's status as a woman at any time.
3.3. Proof of Minority Status. -- Each minority owner of a business applying for certification or recertification under these rules shall certify to the Director that he or she is a minority. Upon request of the Director, the minority owner must submit documented proof of his or her status as a minority. Such proof may include, but is not limited to, an official government document or identification card containing the owner's photograph, birth certificate, tribal enrollment papers, or other document which shows that the owner meets the definition of minority as set forth in these rules. The Director shall have sole discretion in determining whether an applicant is eligible to obtain minority status under these rules. The Director may verify the business owner's status as a minority at any time.
W. Va. Code R. § 148-22-4 Verification of Business Ownership
4.1. Proof of Ownership. -- All minority, women, or small business owners seeking certification or recertification under these rules shall certify to the Director that he/she/they own the requisite percentage of the business at the time the application is submitted. Upon request of the Director, the business owner(s) must submit documented proof of ownership. Such proof may include, but is not limited to stock certificates, a notarized affidavit of stock ownership from the corporate treasurer, a partnership agreement, articles of organization, articles of incorporation, operating agreements, canceled check used to purchase ownership, or other recognized proof of ownership. The Director shall have sole discretion in determining whether an applicant has the requisite percentage ownership. The Director may verify the business ownership at any time.
4.2. Trust Ownership. -- In determining whether the fifty-one percent ownership requirement is met, ownership held in trust shall not be counted.
W. Va. Code R. § 148-22-5 Verification of Control
5.1. Control. -- To be certified under these rules, the minority, woman, or small business owners must certify to the Director that they possess and exercise managerial and operational control over the day-to-day affairs of the business. Upon request of the Director, the business owners must submit documented proof of control. The Director shall have sole discretion in determining whether an applicant has the requisite managerial and operational control over the business. The Director may verify the managerial and operational control at any time.
5.1.a. Managerial Control. -- The minority, woman, or small business owners have managerial control if they have the ability to make independent and unilateral business decisions needed to guide the future and direction of the firm.
5.1.b. Operational Control. -- The minority, woman, or small business owners have operational control if they have the ability to independently and unilaterally make basic decisions pertaining to the daily operations of the business.
5.2. Intertwinement. -- To be eligible for certification, a business must certify that it is not intertwined with a noncertified business. Intertwinement with a noncertified business may be grounds for denial or revocation of certification of a business. The Director may determine whether a business is intertwined with a noncertified business by considering various factors which include, but are not limited to: shared ownership; common leadership (Board of Directors, Managers, other key personnel); shared equipment, facilities, resources, or employees; overdependence on a noncertified business to obtain and perform work; and the degree to which financial, equipment, leasing, business and other relationships with noncertified businesses vary from normal industry practice.
W. Va. Code R. § 148-22-6 Application and Certification Process
6.1. Certification Eligibility. -- Any business which meets the definition of a minority-owned business, a women-owned business, or a small business as set forth in these rules, is eligible to be certified as such by the state of West Virginia, unless:
6.1.a. The business fails to obtain all licenses, certifications, and authorizations necessary to lawfully conduct business in the state of West Virginia;
6.1.b. The business is not a resident business of West Virginia and the state in which the business has its headquarters or principal place of business denies a like certification to a West Virginia based small, women-owned or minority-owned business; or
6.1.c. The business is not a resident business of West Virginia and the state in which the business has its headquarters or principal place of business provides a preference to small, women-owned, or minority-owned firms that is unavailable to West Virginia based businesses.
6.2. Application. -- Applications to be certified as a small, women-owned, or minority-owned business must be obtained from and be submitted to the West Virginia Purchasing Division. The application form may be modified by the Purchasing Division at any time. The minority, woman, or small business owner shall be responsible for ensuring that the form is complete and accurate and is properly delivered to the Director. The applicant should keep a copy of the completed form and all documents submitted with the form for its own reference. More information regarding the application process can be obtained by contacting the Purchasing Division by mail at P.O. Box 50130, Charleston, WV 25305 or visiting the Purchasing Division online at http://www.state.wv.us/admin/purchase/default.html.
6.3. Additional Information. -- As part of the determination, the Director may require minority, women, and small business owners to provide information in addition to that requested on the application forms. Failure to provide the additional information requested by the Director, or to notify the Director that such information is not available within the time specified by the Director may result in denial of certification.
6.4. Application Withdraw. -- A business may withdraw its application for certification without prejudice at any time prior to the Purchasing Divisions determination. The request to withdraw the application must be made in writing and addressed to the Director.
6.5. Application Processing. -- The Director will process all applications as promptly as resources permit. The Director does not guarantee that any application will be processed within any certain time period and the inability to process an application by a certain time shall not subject the Director or the State of West Virginia to liability.
6.6. Duty to Cooperate. -- The owners shall have the duty to cooperate fully in the Director's investigation of the application, including promptly submitting any additional information requested by the Director. This duty shall continue after the business is certified. In addition to any other penalties provided by law, the submission of false or misleading information to the Director in connection with an application for certification or renewal of certification shall be grounds for permanent or temporary denial of certification or permanent or temporary decertification. A business may seek to end a permanent denial of certification or permanent decertification by presenting a written request to the Director containing evidence sufficient to convince the Director, at his sole discretion, that the business's circumstances have changed and permanent denial of certification or permanent decertification is no longer warranted.
6.7. Decision. -- The Director shall notify the applicant business of the decision to grant or deny certification within fifteen working days after the decision has been made. Where the Director has denied the application, the decision shall set forth the bases for denial. Where the Director has denied certification because the business did not meet one or more of the eligibility criteria, this shall not preclude the Director from later denying the application on additional bases after further review.
W. Va. Code R. § 148-22-7 List of Certified Businesses; Agency Reporting
7.1. Creation and Maintenance of Certification List. -- A list of all certified businesses shall be maintained by the Director.
7.1.a. The list shall include the name of the business, the certification obtained (small, woman-owned, or minority-owned), and any other information that the Director deems appropriate.
7.1.b. The list shall be updated as often as the Director deems appropriate.
7.2. Reporting. -- State agencies shall report, in a manner prescribed by the Director, procurement transactions in the preceding fiscal year relating to businesses certified hereunder.
W. Va. Code R. § 148-22-8 Expiration of Certification
8.1. Expiration Due to Passage of Time. -- Any certification granted under these rules shall automatically expire without notice two years after the initial certification date, unless renewed prior to that time in accordance with these rules.
8.2. Expiration Upon Change in Ownership. -- Any change in ownership that would result in the business' failure to meet the eligibility criteria for certification under these rules shall result in immediate expiration of the certification without notice.
Upon a change of ownership, a person authorized to act on behalf of the business shall notify the Director in writing of the ownership change and its impact on the certification obtained under these rules.
8.3. Expiration Upon Death or Disability of Owner. -- Upon the death or long term disability of an owner of a minority-owned business, a women-owned business, or a small business, the certification obtained hereunder shall automatically expire without notice. Any remaining owners may resubmit an application for certification at the time the remaining owners deem such action appropriate.
Upon death or commencement of long-term disability of the minority, woman, or small business owner of a certified business, the guardian of the disabled owner, the executor of the owner's estate, or other person authorized to act on behalf of the business shall notify the Director in writing of the death or documented disability.
For purposes of this section, long-term disability shall mean the permanent inability to exercise managerial control or operational control of the business for a period of 90 days or more.
8.4. Expiration Due to Other Change. -- Any certification granted under these rules shall expire immediately without notice upon the occurrence of any change in the status of the business or the owner that would cause the business to be ineligible for certification.
W. Va. Code R. § 148-22-9 Certification Applied to Vendor Preference
9.1. Vendor Preference. -- In accordance with W. Va. Code 5A-3-37(a)(7), any non-resident vendor certified as a small, women-owned, or minority-owned business under these rules shall be provided the same preference made available to any resident vendor.
9.1.a. A non-resident business certified under these rules will receive the highest preference made available to a resident vendor in the solicitation for which the certified business has submitted a bid. In the event that no preference is made available to a resident vendor, then the non-resident business certified under these rules will not receive a preference for certification.
9.1.b. Any non-resident small, women-owned, or minority-owned business must identify itself as such in writing, must submit that writing to the Purchasing Division with its bid, and must be properly certified under these rules to receive the preferences made available to resident vendors.
9.2. The vendor preferences found in W. Va. Code 5A-3-37 shall not be applied between or among West Virginia resident vendors and non resident businesses certified as small, women-owned, or minority-owned businesses under these rules.
W. Va. Code R. § 148-22-10 Procedures for Renewal of Certification
10.1. To maintain its certification without lapse, a certified business shall apply to renew its certification at least 60 days prior to the end of its two year certification period. A business may submit a renewal application later than 60 days prior to the end of the two-year certification period, but such submissions may not be processed in time to avoid a certification lapse. Recertification forms may be obtained from the West Virginia Purchasing Division and should be submitted in the same manner that an application for certification is submitted. Meeting the deadline for certification renewal is the responsibility of the business applying. Renewal of certification requests shall be governed by the same procedure and requirements that govern original certification.
W. Va. Code R. § 148-22-11 Evaluation of Local, State, Private Sector and Federal Certification Programs; Procedures for Certification of Business Previously Certified by Other Qualifying Programs
11.1. Evaluation of Local, State, Private Sector, and Federal Programs. -- The Purchasing Division may, at its discretion, evaluate any local, state, private sector, or federal certification program to determine whether it meets the minimum requirements for certification of small, women-owned and minority-owned businesses as set forth in the Code and these rules.
11.2. Granting Certification on Basis of Evaluated Program. -- Should the Purchasing Division determine that a non-resident vendor is certified by a local, state, private sector or federal certification program, and that such certification program meets with the requirements established in the Code and these rules, that business shall be certified as a small, women-owned or minority-owned business in West Virginia, upon presentation to the Purchasing Division of documentation that it has received such certification and that the certification has not expired.
W. Va. Code R. § 148-22-12 Denial of Certification
12.1. Grounds for Denial. -- The Director may deny an application for certification for any of the following reasons:
12.1.a. The Purchasing Division determines that the applicant fails to meet the standards for certification;
12.1.b. The applicant fails to furnish the Purchasing Division with requested information within the allotted time;
12.1.c. The applicant knowingly provides false or misleading information to the Purchasing Division;
12.1.d. The applicant has been debarred from participating in any government procurement process; or
12.1.e. The applicant has been suspended from participating in any government procurement process.
12.2. Notice of Denial. -- The Director shall notify the applicant of the denial of its application for certification no later than fifteen working days from the date of the decision made by the Director.
W. Va. Code R. § 148-22-13 Revocation
13.1. Grounds for Revocation. -- Certification under these rules may be revoked if:
13.1.a. The Director finds that any of the grounds for denial of certification exist;
13.1.b. The Director determines that the certified business is no longer a going concern; or
13.1.c. The certified business has expressed, in writing, a desire to end its certification under these rules.
13.2. Notice of Revocation. -- The Director shall notify the business of the revocation of its certification no later than fifteen working days from the date of the decision made by the Director.
W. Va. Code R. § 148-22-14 Reapplication
14.1. A business whose application for certification has been denied or revoked may not reapply for certification under these rules until 12 months after the date on which the decision of denial or revocation is made. A business that withdraws its certification application may reapply for certification one additional time within 12 months of filing the initial application without being subject to the 12 month reapplication waiting period. If the business withdraws its certification application a second time, or is denied certification, that business must wait 12 months from the date of withdraw or denial before it can resubmit an application for certification under these rules.
W. Va. Code R. § 148-22-15 Jeopardizing Federal Funds
15.1. If any of the requirements or provisions set forth in these rules jeopardize the receipt of federal funds, then the requirements or provisions are void and of no force and effect for that specific project.
Series 23 Exemptions From Management Services Provided by the Fleet Management Division
W. Va. Code R. § 148-23-1 General
1.1. Scope. -- This legislative rule relates to state agency exemptions from utilizing vehicle management services provided for state-owned vehicles under the oversight of the Fleet Management Division. The rule provides the standard for granting an exemption by the Secretary of the Department of Administration, lists those agencies that have been granted exemptions, and provides for future review of requests for exemptions from the use of vehicle management services provided by the Fleet Management Division.
1.2. Authority. -- W.Va. Code §5A-12-9.
1.3. Filing Date. -- April 21, 2025.
1.4. Effective Date. -- April 22, 2025.
1.5. Sunset provision. -- This rule shall terminate and have no further force or effect on August 1, 2035.
W. Va. Code R. § 148-23-2 Definitions For purposes of these rules, unless a different meaning clearly appears from the context:
2.1 “Secretary” means the Secretary of the Department of Administration.
W. Va. Code R. § 148-23-3 Standard for evaluating requests for exemption from vehicle management services
3.1. Currently, the Fleet Management Division provides fuel-purchase services and vehicle maintenance management services for state-owned vehicles under oversight of the Fleet Management Office.
3.2. In order for the Secretary to consider an exemption to use of vehicle management services provided by the Fleet Management Division, the requesting agency must have in-house or established ready availability or access to the same services as those provided by the Fleet Management Division.
3.2.a. An example of established or in-house ready availability or access to fuel service would be an agency that is already purchasing fuel for use in state-owned vehicles in bulk.
3.2.b. An example of established or in-house ready availability or access to maintenance services would be an agency that has an existing and functional garage and employees capable of performing routine maintenance on other state-owned vehicles.
3.3. In addition to having established or in-house ready availability or access to services that would otherwise be provided through the management services offered by the Fleet Management Division, the agency requesting an exemption from the utilization of those provided services must demonstrate the ability to calculate and report the comprehensive annual costs of operation on a per vehicle basis, including total fuel purchased and used by each vehicle and a total cost of maintenance for each vehicle.
3.4. Agencies may request, and the Secretary may grant, an exemption from all or only one of the vehicle management services provided by the Fleet Management Division. If an agency is granted an exemption from only one of the services offered, that agency shall utilize the remaining services offered by the Fleet Management Division.
W. Va. Code R. § 148-23-4 Agencies granted exemptions from utilizing vehicle management services provided by the Fleet Management Division
4.1. The following agencies have been granted exemptions from using both fuel and maintenance management services:
4.1.a. West Virginia Division of Highways
4.1.b. West Virginia Parkways Authority
4.2. The following agencies have been granted partial exemptions from one of the vehicle management services provided by the Fleet Management Division:
4.2.a. West Virginia Courtesy Patrol from maintenance management services
4.2.b. West Virginia State Police from maintenance management services
4.2.c. West Virginia State Rail Authority from maintenance management services
4.2.d. West Virginia Division of Natural Resources/Parks and Recreation from fueling management services.
4.3. Agencies that have been granted an exemption from utilization of the management services provided may elect to use those services at any time. Those agencies electing to use one of the vehicle management services provided by the Fleet Management Division shall notify the Division before utilizing the service.
W. Va. Code R. § 148-23-5 Future requests by agencies and review by Secretary for exemptions from utilization of the vehicle management services provided by the Fleet Management Division
5.1. Should circumstances change that would allow an agency to have ready availability or access to established or in-house services that would otherwise be provided by the Fleet Management Division, agencies may submit a request for exemption once per year by June 30th.
5.2. The Secretary shall review the recommendations of the Director of the Fleet Management Division in the same manner as prescribed by W.Va. Code §5A-12-9 and shall propose amendments to this rule to reflect any change in status of agencies requesting an exemption.
Series 24 Financial Services Reporting
W. Va. Code R. § 148-24-1 General
1.1. Scope. -- This legislative rule establishes requirements relating to services provided by the Shared Services Section and the Financial Accounting and Reporting Section of the Finance Division within the Department of Administration, and providing for corrective action in the event that a spending unit fails to provide the Department of Administration any required information relating to the completion of any required federal report.
1.2. Authority. -- W.Va. Code §5A-2B-2.
1.3. Filing Date. -- April 21, 2025.
1.4. Effective Date. -- April 22, 2025.
1.5. Sunset provision. -- This rule shall terminate and have no further force or effect on August 1, 2035.
W. Va. Code R. § 148-24-2 Definitions For purposes of these rules, unless a different meaning clearly appears from the context:
2.1. “Shared Services Section” or “Section” means the Shared Services Section of the Finance Division within the Department of Administration.
2.2. “FARS” means the Financial Accounting and Reporting Section of the Finance Division within the Department of Administration responsible for producing the state’s Comprehensive Annual Financial Report and Single Audit.
2.3. “Deputy Director” means the Deputy Director of the Finance Division within the Department of Administration.
W. Va. Code R. § 148-24-3 Cost Performance Assessment
3.1. All state spending units shall report annually to the Shared Services Section using the cost performance assessment tool implemented by the Section and provided to all state spending units.
3.2. The report shall provide the costs to the state spending unit of accounting and financial reporting services consisting of accounts payable, accounts receivable, payroll and human resources, state purchasing card, general accounting, financial accounting and any additional accounting services as determined by the Section.
3.3. The Shared Services Section shall develop a baseline cost for the designated accounting services if performed by the Section and shall evaluate reports submitted by state spending units to determine if those services can be provided by the Section at a lower cost and in a more efficient manner.
W. Va. Code R. § 148-24-4 Agreements for the Provision of Accounting and Financial Reporting Services
4.1. Any spending unit may submit a request to the Deputy Director to voluntarily enter into an agreement for the provision of accounting and financial reporting services.
4.2. Spending units with a cost performance assessment greater than the Section’s baseline cost for the designated accounting services as determined under subsection 3.3 of this rule shall, unless declined by the Deputy Director, enter into an agreement for the provision of those services by the Section.
4.3. Spending units that fail to provide financial information to FARS by an established deadline shall, unless declined by the Deputy Director, enter into an agreement for the provision of financial reporting services.
4.4. The Deputy Director may decline to enter into any agreement for the provision of accounting or financial reporting services for any state spending unit if he or she determines that:
4.4.a. The Shared Services Section or FARS does not have the necessary expertise or resources at the time of the request to provide the services desired or required by the state spending unit; and
4.4.b. That developing the necessary expertise to provide the desired or required services would outweigh any potential cost savings to the state.
W. Va. Code R. § 148-24-5 Financial information to be reported to the Financial Accounting and Reporting Section for spending units not subject to an agreement
5.1. For those state spending units that have not entered an agreement for shared financial services, the following financial information must be submitted to FARS by the dates designated:
5.1.a. Drafts of financial statements of state spending units with audited funds and higher education institutions are due by September 15th of each year;
5.1.b. The final financial statements of state spending units with audited funds and higher education institutions are due by October 15th of each year;
5.1.c. Closing book forms of state spending units with unaudited funds are due by July 31st of each year;
5.1.d. Financial statements for the Higher Education Consolidated Fund are due by October 31st of each year.
5.2. Each cabinet secretary or head of an institution of higher education that does not utilize the Shared Services Section for financial services shall designate a liaison to work with the Section to ensure timely, necessary and accurate financial information is reported to FARS.
W. Va. Code R. § 148-24-6 Corrective action plan for spending units that fail to provide necessary information to the Financial Accounting And Reporting Services Section; Training
6.1. Any state spending unit that fails to report necessary financial information to FARS before the established deadline will be placed in a probationary period and subject to a corrective action plan. The corrective action plan may include, but not be limited to:
6.1.a. Identification of specific tasks to be performed and benchmarks to be reached in the preparation of the required financial reports, and designation of deadlines for each;
6.1.b. Periodic updates or reports from the state spending unit regarding the status of any identified task or benchmark;
6.1.c. Reports from the state spending unit describing the manner in which the causes for the state spending unit’s failure to meet designated reporting deadlines are being addressed by the state spending unit; and
6.1.d. Designation of new deadlines for completion of the required financial reports.
6.2. The Finance Division of the Department of Administration may provide annual training to those spending units in which financial reporting services are not provided pursuant to an agreement. The training shall encompass necessary information for compilation of the comprehensive annual financial report, format of information, and required deadlines for reporting.
Series 25 One-Stop-Shop Permitting Program
W. Va. Code R. § 148-25-1 General
1.1. Scope. -- This rule implements deadlines and procedures for the One-Stop-Shop Permitting Program to expedite the state’s permitting, licensing, and authorization processes.
1.2. Authority. -- W. Va. Code § 5A-13-1 et seq.
1.3. Filing Date. -- April 22, 2026
1.4. Effective Date. -- July 21, 2026
1.5. Sunset Provision. -- This rule shall terminate and have no further force and effect on August 1, 2031.
W. Va. Code R. § 148-25-2 Definitions
2.1. For the purposes of this rule:
2.1.1. “Complete Permit Application” means a request for the issuance or renewal of a permit that contains all information, signatures, supporting evidence, and payments necessary for a permitting agency to process and approve the permit.
2.1.2. “Day” means business days for any review or fast-track deadline value of ten (10) or less and calendar days for any value greater than (10), unless otherwise specified.
2.1.2.a. In computing any time period specified in this rule, the day of the event triggering the period, such as filing a permit application, shall be excluded and the period shall be deemed to begin the next day that is not a Saturday, Sunday, or legal holiday.
2.1.2.b. When a deadline established in this rule falls on a Saturday, Sunday, or legal holiday, as defined in § 2-2-1 of the West Virginia Code, the deadline shall be extended to the next day that is not a Saturday, Sunday, or legal holiday.
2.1.3. “Dashboard” means the publicly accessible, interactive, online platform created by the Department of Administration to facilitate the filing, issuance, and renewal of permits through the One-Stop-Shop Permitting Program.
2.1.4. “Department” means the Department of Administration.
2.1.5. “Economic Development Project” means a commercial, industrial, community improvement, or preservation project resulting from a strategic and coordinated effort which is likely to foster local or state economic growth.
2.1.6. “Fast-Track” means an option for an applicant to request expedited processing of a permit application for a fee.
2.1.7. “Permit” means any permit, license, or approval that is a prerequisite for performing any economic development project and that is available and applied for using the One-Stop-Shop Permitting Program dashboard. A permit includes, but is not limited to, projects for construction; economic development; infrastructure; or natural resource project in this state that a permitting agency issues, grants, modifies, renews, denies, or revokes.
2.1.8. “Permitting agency” means any division, office, board, or other entity of the Department of Commerce, the Department of Environmental Protection, the Office of Environmental Health Services, the Department of Revenue, the Department of Tourism, the Department of Transportation, and the Secretary of State that grants, issues, denies, or revokes a permit or business registration. Pursuant to W. Va. Code §5A-13-2, “permitting agency” does not include Lottery, Lottery Commission, Division of Financial Institutions, or Division of Motor Vehicles.
2.1.9. “Permitting fee” means any fee that is established in the West Virginia Code or other agency-specific rule for the permits listed in Attachment A: Provided, That any later-enacted change in the West Virginia Code or any agency-specific rule that is in conflict with the fees or deadlines listed in Attachment A shall control and be charged by the Program when processing any permit listed in Attachment A.
2.1.10. “Program” means the One-Stop-Shop Permitting Program created in W. Va. Code §5A-13-1 et seq. designed to enhance public awareness, collaboration, accountability, coordination, transparency, and predictability in the state’s permitting, licensing, and authorization process.
2.1.11. “Secretary” means the cabinet secretary for the Department of Administration.
W. Va. Code R. § 148-25-3 Permit Processing Deadlines
3.1. If a deadline for agencies to process a Program permit does not exist in statute or regulation, Attachment A to this rule establishes one.
3.1.1. Permitting agencies shall follow the processing deadlines in Attachment A for any permit applied for through the Program when:
3.1.1.a. Determining the completeness of an application,
3.1.1.b. Denying a complete permit application,
3.1.1.c. Approving a complete permit application, or
3.1.1.d. Renewing a complete permit application.
3.2. Permit processing deadlines apply only to activities performed by and under the control of a permitting agency. If a permitting agency must rely on a second, external agency to provide information or perform a step of the permitting process, the permitting agency’s deadline timer pauses when the permitting agency submits a request to the external agency. The timer restarts when the external agency completes the requested task or provides the necessary information. Time taken by the external agency to perform the task or provide information is not charged against the permitting agency’s deadline.
3.3. When a deadline to process a Fast-Track permit falls beyond the regular business hours of the permitting agency, the timer stops when the permitting agency’s office closes and restarts when business resumes the next business day.
3.4. If a permitting agency rejects or denies a permit, the agency deadline or fast-track deadline resets and begins anew when an applicant files an updated or corrected version.
3.5. Processing deadlines established in Attachment A shall become applicable and effective when the secretary makes the Program available to the public pursuant to W. Va. Code §5A-13-3(c).
W. Va. Code R. § 148-25-4 Fast-Track
4.1. If a permitting agency offers fast-track consideration, the agency deadline and associated fee to expedite the processing of a Program permit application is established in Attachment A to this rule.
4.1.1. Fast-track fees included in Attachment A represent the total cost for filing the permit application and fast-track processing combined.
4.2. Fast-track deadlines and fees become applicable and effective when the secretary makes the Program available to the public pursuant to W. Va. Code §5A-13-3(c).
W. Va. Code R. § 148-25-5 Refunds
5.1. Beginning on January 1, 2027, any permitting agency responsible for a delay that results in the failure to meet a deadline established in Attachment A when determining completeness, granting, or denying a permit that was processed through the dashboard, must refund the fee amount listed in Attachment A for that permit.
W. Va. Code R. § 148-25-6 Notification
Each permitting agency must notify the secretary when the agency begins issuing a new permit, adds a new fee, changes the amount of a fee, or discontinues issuing a permit listed in Attachment A.
Attachment A Permit Name Agency Deadline Permit Fee Fast-Track Deadline Fast-Track Permit Fee Department of Commerce Division of Natural Resources - Office of Land & Streams Easements Land Leases Land Licenses Oil & gas Rights-of-Way Salt Brine Sand & Gravel Surface Use Agreements Timber Division of Labor Annual Amusement Ride/Attraction Permit to Operate - Per Ride / Attraction Annual Bedding/Upholstery Manufacturer Registration - Per Location $115 Annual Contractor License $115 Annual Elevator Certificate of Operation $115 Annual HVAC residential technician certification $60 $85 Annual HVAC Technician Certification Annual HVAC Technician-In-Training Certification Annual Journeyman Plumber Certification Annual Master Plumber Certification Annual Plumber-In-Training Certification Biennial Accessibility Technician License $180 $205 Biennial Elevator Mechanic License $180 $205 Biennial Limited Technician License $180 $205 Install a High-Pressure Steam Boiler $95 Operate a High-Pressure Steam Boiler $60 Temporary Extension of Permit to Operate High-Pressure Steam Boiler - 60 Day $95 Division of Forestry Certified Logger Commercial Burning Permits 3 days Ginseng Dealers Ginseng Growers Timber License Timbering Operation Exemption Application and Notification Form 3 days Timbering Operation Notification Form 3 days Office of Miners' Health, Safety and Training Annual Permit Extension for Contractors Annual Permit Extension for Surface Mine Annual Permit Extension for Underground Mine Approval to Discharge Into Underground Mine (DMM68)
Approved Inactive Status (DMM57)
Coal Handling Facility Permits (Initial DMM60 Permit)
Contractor Permits (Initial DMM60C Permit)
General Permit (DMM61)
Multiple Shooting in Coal Only (DMM66)
Multiple Shooting Permit (DMM62)
Permit to Mine (Production Contractor Surface) (DMM60SB)
Permit to Mine (Production Contractor Underground) (DMM60B)
Permit to Stop the Fan (DMM63)
Permit to Surface Mine Within 500 Feet of Underground Mine (DMM67)
Permit to Use Propane Gas in Making Permanent Cable Splices (DMM65)
Pillar Permit to Drill Oil or Gas Well Through Mines Quarry Contractor Permits (Initial DMM60Q Permit)
Quarry Mine Permits (Initial DMM60 Permit)
Solid Shooting Permit (DMM64)
Surface Mine Permits (Initial DMM60S Permit)
Surface Mine Sub-Permits (Initial DMM60 Permit)
Underground Mine Permits (Initial DMM60 Permit)
Waiver for Ground Maintenance - A.C. (DMM73)
Waiver for Ground Monitor System - D.C. (DMM74)
Waiver of Back-Up Communication System (DMM72)
Waiver of Telephone Service of Communication Facility (DMM70)
Waiver of the Use of an A.R.T.S. (DMM71)
Department of Environmental Protection Office of Oil & Gas Conventional 25 days $1,200 Coalbed Methane $650 25 days $1,950 Deep Well Work Permits $650 25 days $1,950 Conventional Modifications Coalbed Methane Modifications $975 Deep Well Work Permit Modifications $975 Horizontal Well Work - First Well $10,000 Horizontal Well Work - Subsequent Wells Provided in W. Va. Code § 22-6A-7 Horizontal Well Work Permit Modifications 40 days Provided in W. Va. Code § 22-6A-7 Class 2 and Class 3 UIC Permits Class 2 and Class 3 UIC Permit Modifications - Minor 40 days Class 2 and Class 3 UIC Permit Modifications - Major $750 UIC Permit Transfers
Article 6A Permit Transfers Water Pollution Control General Permit Registration - Well Work 25 days Water Pollution Control General Permit Registration - CBM Produced Water 120 days 200% of Quantity Based Fee Bona Fide Future Use Designation Well Bonds 40 days Division of Air Quality Asphalt Operating Permits Feb. 1 G70 Annual Certifications for Natural Gas Facilities Located at a Well Site General Permit Options for Specific Source Type - Non Single Emergency Generators General Permit Options for Specific Source Types - Single Emergency Generators New Source Review Major Modification Permit New Source Review Major Source Construction Permit $10,000 New Source Review Major Source Construction Permit (non-attainment areas) $10,000 New Source Review Major Source Modification Permit (non-attainment areas)
New Source Review Permitting Option: Class I Administrative Update for Specified Changes to an Existing Permit That do Not Result in an Increase in Emissions.
New Source Review Permitting Option: Class II Administrative Update for Changes To Operating Parameters, Emission Points, Control Equipment or Other Aspects That Results in an Increase of Pollutants Below Levels That Trigger the Requirement for a Modification Permit.
New Source Review Permitting Option: Relocation Permit Available to Sources that Have an Existing Permit and Wish to Relocate Operations Without Modifications.
New Source Review Permitting Option: Standard Minor Source Permit Construction New Source Review Permitting Option: Standard Minor Source Permit Modification.
New Source Review Permitting Option: Temporary Permit Issued to Sources That Will Operate Six Months or Less.
Odor/Dust Control Plans 365 days Open Burning Permits Title V Operating Permit 365 days Division of Mining and Reclamation 19B - Ownership/Control Merger 19C - Ownership Control Change 401 State Water Quality Certification Bond Increment Start DAM - Certificate of Approval 50 days Emergency Warning Plan Inactive Status Incremental Phase 1 Bond Release Application Incremental Phase 2 Bond Release Application Incremental Phase 3 Bond Release Application Insignificant Incidental Boundary Revision Insignificant Permit Revision New Quarry Permit Application New Surface Mine Permit Application $3,500 Notice of Intent to Prospect Greater Than 250 Tons Removed Notice of Intent to Prospect Less Than 250 Tons Removed NPDES Major Modification NPDES Minor Modification NPDES New Permit Application NPDES Reissuance Application $3,000 NPDES Release Application NPDES Transfer Application Operator Assignment Permit Amendment Application $2,550 Permit Reinstatement Permit Renewal $3,000 Permit Transfer /Assignment / Sale Approved Phase 1 Bond Release Application Phase 2 Bond Release Application Phase 3 Bond Release Application Planting Plan Release Pre-Blast Survey Pre-Subsidence Survey Prospect Release Quarry Annual Bonding Quarry Inactive Status Quarry Major Modification Quarry Minor Modification Quarry Permit Renewal Quarry Permit Transfer Significant Incidental Boundary Revision Significant Permit Revision Division of Water & Waste Management 401 State Water Quality Certification 365 days 401 Water Quality Certification for State Waters Permits (Non-coal activities) 365 days 181 days Dam Safety Certificate of Approval: Breaching an Existing Dam Dam Safety Certificate of Approval: Permit to Construct New Dam or Modify 70 days Dam Safety Certificate of Approval: Reduction of Existing Dam to Remove from Jurisdiction 50 days Dam Safety Certificate of Approval: Removal of Existing Dam Groundwater - Non-injection Application for State Permission to Operate - Infiltration System, Sprayfield, Drip Irrigation System 270 days 120 days Groundwater - UIC Application for Other Class 5 Well Types (All other Class 5 well types)
Groundwater - UIC Permits: Class 1 Wells Groundwater - UIC Permits: Class 1 Wells Modification - Major 120 days Groundwater - UIC Permits: Class 1 Wells Modification - Minor 120 days Groundwater - UIC Permits: Class 1 Wells Reissuance Groundwater - UIC Permits: Class 5 Wells Modification 270 days Groundwater - UIC Permits: Class 5 Wells Reissuance 270 days Groundwater - UIC Permits: Class 6 Wells Provided in 47 CSR 09B Groundwater - UIC Permits: New Permit for Class 5 Wells for Domestic Wastewater Disposal (Sewage/septic system - well types 5W11, 5W12, 5W31, 5W32)
Groundwater - UIC Permits: New Permit for Class 5 Wells for Industrial Disposal (Well types 5A19 and 5W20) (Mining) UIC Class 5 Application for Coal Mine Non-slurry Injection (Well types 5G30 and 5X13)
Groundwater - UIC Permits: New Permit for Class 5 Wells for Stormwater Drainage Disposal (Drilled wells or improved sinkholes - well types 5D2, 5D3, 5D4, 5G30, 5F1) 200% of Filing Fee WVRA Recycling Permits - Source Separated, Commercial, Non-commercial- New and Renewal Department of Health Bureau of Public Health - Office of Environmental Health Services Asbestos - Worker Asbestos - Supervisor Asbestos - Inspector Asbestos - Management Planner Asbestos - Project Designer Asbestos - Air Clearance Monitor Asbestos - Contractor Asbestos - Laboratory Air Sample Analysis Asbestos - Laboratory Bulk Sample Analysis Asbestos - Laboratory Air and Bulk Sample Analysis Asbestos - Training Provider - New Permit Asbestos - Training Provider - Renewal of Permit Asbestos - Notifications Body Piercing - Body Piercing Certification Bottled Water - In-State Bottled Water Manufacturer Permit Bottled Water - Bottled Water Distributor Permit Clandestine Drug Laboratory Remediation - Technician 1 Year Clandestine Drug Laboratory Remediation - Technician 2 Year Clandestine Drug Laboratory Remediation - Contractor Clandestine Drug Laboratory Remediation - Training Provider (Initial)
Clandestine Drug Laboratory Remediation - Training Provider (Renewal)
Clandestine Drug Laboratory Remediation - Preliminary Remediation Plan Clandestine Drug Laboratory Remediation - Final Remediation Plan Drinking Water License to Operate - Operator-in-Training Certification License Drinking Water License to Operate - Operator Certification Class 1D Drinking Water License to Operate - Operator Certification Class Water Distribution Drinking Water License to Operate - Operator Certification Class R Drinking Water License to Operate - Operator Certification Class 1 Drinking Water License to Operate - Operator Certification Class 2 Drinking Water License to Operate - Operator Certification Class 3 Drinking Water License to Operate - Operator Certification Class 4 Drinking Water License to Operate - Operator Certification Reciprocity Drinking Water License to Operate - Backflow Prevention Assembly Tester Food Manufacturing - Food Manufacturer Permit General Sanitation - State Correctional Facilities Permit General Sanitation - State Regional Jails Permit General Sanitation - State Juvenile Detention Centers Permit General Sanitation - State Operated Schools Permit Lead - Worker Lead - Supervisor Lead - Inspector Lead - Risk Assessor Lead - Project Designer Lead - Contractor Lead - Training Provider (Initial Permit)
Lead - Training Provider (Permit Renewal)
Permit to Construct - Public Water System Treatment Plant Permit to Construct - Public Water Distribution System Permit to Construct - Public Sewer System Permit to Construct - Public Wastewater Treatment Plant Permit to Construct - Recreational Water Feature Permit to Construct - Public Drinking Water Wells Permit to Construct - Geothermal Wells Radiologic Health - Machine Facility Registration Radiologic Health - Vendor Registration Radiologic Health - Physicist Registration Radiologic Health - TENORM Vendor Registration (Initial Permit) $10,000 Radiologic Health - TENORM Vendor Registration (Permit Revision)
Radiologic Health - TENORM Registration $3,000 $6,000 Radiologic Health - Shielding Plan Approvals $190 Radon - Tester Radon - Mitigation Specialist Radon - Contractor - Non-Sole Proprietor Radon - Contractor - Sole Proprietor Radon - Laboratory Radon - Training Provider (Initial Permit)
Radon - Training Provider (Permit Renewal)
Sewage Program - Initial Septic Installer License 21 days Sewage Program - Renewal Septic Installer License Sewage Program - Expired Septic Installer License 21 days Wastewater License to Operate - Operator-in-Training Certification License Wastewater License to Operate - Operator Certification Class HR Wastewater License to Operate - Operator Certification Class H Wastewater License to Operate - Operator Certification Class S Wastewater License to Operate - Operator Certification Class C Wastewater License to Operate - Operator Certification Class 1 Wastewater License to Operate - Operator Certification Class 2 Wastewater License to Operate - Operator Certification Class 3 Wastewater License to Operate - Operator Certification Class 4 Wastewater License to Operate - Operator Certification Advanced Designation Wastewater License to Operate - Operator Certification Reciprocity Well Driller License - Pump Installer Certification Well Driller License - Journeyman Well Driller Certification Well Driller License - Master Well Driller Certification Department of Revenue Alcohol Beverage Control Administration CLASS A - Class A Licenses For On-Premises Consumption Brew Pub (Resident Brewer/Importer License Required) $600 $675 Fraternal Club (Non-Profit - liquor, wine & beer) $1,000 $1,250 Fraternal Club (Non-Profit) - beer Crossing Agreements Liquor - Private Outdoor Street Dining $0 Nonintoxicating Beer or Nonintoxicating Craft Beer - Outdoor Dining Nonintoxicating Beer or Nonintoxicating Craft Beer - Outdoor Street Dining Nonintoxicating Beer or Nonintoxicating Craft Beer Floorplan Extension $50 One Day Charitable Beer One Day Charitable Rare Liquor Auction (Private Club required) $150 One Day Charitable Wine with Auction Pre-Mixing Permit (Type of private club required) Private Bakery $750 $825 Private Caterer (Private Club Restaurant license required) $1,000 $1,250 Private Cigar Shop $1,750 Private Club Bar or Private Club Restaurant (<1,000 members - liquor, wine & beer) $1,250 Private Club Bar or Private Club Restaurant (>1,000 members - liquor, wine & beer) $2,750 $3,000 Private Club Bottle Sale $1,000 $1,250 Private Coliseum or Center Private College Sports Stadium Private Farmers Market (Private Club Restaurant license required) Private Food Court Private Food Truck Private Golf Club (18 holes) Private Golf Course (9 holes)
Private Hotel Private Manufacturer Club (liquor, wine & beer)
Private Multi-Sport Complex Private Multi-Vendor Fair or Festival (liquor, wine & beer) $500 Private Outdoor Designated Area – charitable /non-profit (S4N) $1,500 $1,750 Private Outdoor Designated Area (PODA) $100 Private Professional Sports Stadium Private Resort Hotel (1 to 5 areas) $7,750 $8,000 Private Resort Hotel (6 to 10 areas) $12,750 $13,250 Private Resort Hotel (11 to 15 areas) $17,750 $18,500 Private Resort Hotel (16 to 20 areas) $22,750 $23,750 Private Tennis Club Private Wedding Venue or Barn $1,750 Private Wine Bed & Breakfast - wine & beer only $475 Private Wine Bed & Breakfast - wine only Private Wine Restaurant - wine & beer only $500 Private Wine Restaurant - wine only $350 $475 Private Wine Spa - wine & beer only $475 Private Wine Spa - wine only Special Events (Fairs/Festivals - liquor, wine & beer) $500 Special Events (Fairs/Festivals - wine & beer) $500 Special Events (Fairs/Festivals) - beer Special Events (Fairs/Festivals) - wine Tavern - Non-Intoxicating Beer Wine - Private Wine Outdoor Dining Wine - Private Outdoor Street Dining CLASS B - Class B Licenses for Off-Premises Consumption Beer Distributor (per location) $1,100 $1,350 Beer Growler $100 Beer Growler for a Resident Brewer Beer Label Registration (per product label)
Beer Rep for Brewer, Resident Brewer or Distributor Beer, Wine, and/or Liquor Sidewalk Dining $25 each Brewer/Importer $1,600 $1,850 Brewer/Resident Brewer in WV - < 12,500 barrels $425 Brewer/Resident Brewer in WV - 12,501 to 25,000 barrels $1,100 $1,350 Brewer/Resident Brewer in WV - > 25.001 barrels $1,600 $1,850 Class A or Class B - Curbside In-person / In-vehicle Pickup) Class A-beer, With Food, Beer Delivery Class A-Craft Cocktail Growler, With Food, Delivery Class A-wine, With Food, Private Wine Delivery Class B – Off Premises Beer & Wine Only Retailer $475 Class B – Off Premises Beer Only Retailer Class B – Wine Specialty Shop – Wine & Beer Only Class B – Wine Specialty Shop – Wine Only $425 Class B - Beer, With Food, Delivery Class B - Wine, May Have Food, Private Wine Delivery Corkage, Pre-Mix Permit, Recork & Reseal Wine, Self-pour Automated Beer Machine $25 each Craft Cocktail Growler $100 Distillery $1,600 $1,850 Farm Winery Governmental - Ethyl Grocery - Curbside Beer $250 Grocery - Curbside Wine $250 Hard Cider Distributor Industrial - Ethyl Alcohol Liquor Bottle Delivery (retail liquor outlet, may have food)
Liquor or Wine Representative Liquor or Wine Transportation Permit (1st vehicle, each additional vehicle) $10, $1 Liquor, Wine, or Beer Tastings or Samplings $0 to $150 Fee + $25 each Micro-Distillery $850 $925 Mini-Distillery Multi-Capacity $425 Nonintoxicating Beer or Nonintoxicating Craft Beer Retail Transportation Permit Off-Premises Wine Sales - Private Clubs & Private Wine Restaurants only $100 Private Cocktail Delivery Permit (1st vehicle, each additional vehicle) $10, $1 Private Liquor Bottle Delivery Permit (1st vehicle, each additional vehicle) $10, $1 Private Wine Retail Transportation Permit (1st vehicle, each additional vehicle) $10, $1 Retail Liquor Outlet - Mixed or Freestanding $2,100 to $2,500 $2,750 Sacramental Wine Scientific, Experimental, & Institutional - Ethyl $10 Third Party Delivery Class A - Beer With Food Third Party Delivery Class A - Craft Cocktail Growler with Food Third Party Delivery Class A - Wine With Food Third Party Delivery Class B - Beer With Food Third Party Delivery Class B - Wine May Have Food Third Party Delivery Liquor Bottle Delivery - May Have Food Unlicensed Brewer or Home Brewer Unlicensed Winery Wine Brand Registration (per brand)
Wine Direct Shipper < 15.5% Wine Direct Shipper > 15.5% Wine Distributor $2,600 $2,850 Wine Distributor Rep. Wine Growler $100 Wine Growler for a Farm Winery $25 each Wine Specialty Shop Delivery with Gift Basket $350 $425 Wine Supplier Winery $1,600 $1,850 All Other ABCA Licenses or Permits Tax Division Business Registration $30 1 day $55 2 hour $280 1 hour $530 Department of Tourism State Historic Preservation Office 106 Review Process Department of Transportation Division of Highways Crossing Permits (Coal or Coal Byproducts) $550 Encroachment - Approach - Commercial (Permanent)
Encroachment - Approach - Commercial (Temporary) $30 Encroachment - Approach - Residential Encroachment - Beautification - Commercial Encroachment - Beautification - Governmental/Non-Profit Encroachment - Beautification - Residential Encroachment - Construction - Commercial Encroachment - Construction - Governmental/Non -Profit Encroachment - Construction - Residential Encroachment - Drilling/Geotechnical Encroachment - Event/Road Closure - Commercial Encroachment - Event/Road Closure - Governmental/Non-Profit Encroachment - Miscellaneous - Commercial Encroachment - Miscellaneous - Governmental/Non-Profit Encroachment - Miscellaneous - Residential Encroachment - Subdivision Encroachment - Utilities - Commercial $45 Encroachment - Utilities - Governmental/Non-Profit Hauling - Oversize/Overweight/Superload $20 $45 Hauling - Seagoing Permits Hauling - Single Trip Mobile Home $20 $45 Hauling - Timber Blanket Permits Oil and Gas Right of Way Entry - Approaches Oil and Gas Right of Way Entry - Drilling Oil and Gas Right of Way Entry - Fiber Optic Cable Crossing Oil and gas Right of Way Entry - Road Improvements Oil and Gas Right of Way Entry - Road Maintenance Oil and Gas Right of Way Entry - Transmission Gas Line Crossings Oil and Gas Right of Way Entry - Water Line Crossings Outdoor Advertisers License Outdoor Advertising Permit - Annual Fee - Digital Sign Face $550 Outdoor Advertising Permit - Annual Fee - Other Sign Face $20 $45 Outdoor Advertising Permit - Inspection Fee - Federal and NHS Route Outdoor Advertising Permit - Inspection Fee - Non Federal and NHS Route Division of Multimodal Transportation Facilities Crossing Agreements License Agreements
Series NA State of West Virginia Travel Rules
W. Va. Code R. § 148-NA State of West Virginia Travel Rules
Title 148. Department of Administration State of West Virginia Travel Rules
Section 1. General
1.1 Scope – These Travel Rules govern travel by all State of West Virginia officers, board members, employees, consultants, contractors and anyone authorized to be reimbursed travel expenses by or on behalf of the State of West Virginia, and includes all in-state, out-of-state and international travel. An entity with authority pursuant to W. Va. Code §12-3-11 to promulgate rules concerning out-of-state travel is encouraged to utilize these Travel Rules and make exceptions when it determines the exceptions are in its best interests.
1.2 Authority – West Virginia Code §12-3-11.
1.3 Effective Date – July 1, 2019.
1.4 Definitions For purposes of these Rules, the following terms are defined:
1.4.1 “Duty Station” is the city/town, county, and State in which the employee works. For most employees, this will be the location of the employee's work site.
1.4.2 "FMD" means the State of West Virginia Fleet Management Division.
1.4.3 “Ghost Account” means the State Travel Card Program.
1.4.4 "GSA" means the U.S. General Services Administration.
1.4.5. “Purchasing Card” means the payment account issued by the financial institution and administered by the State Auditor to make payment for transactions.
1.4.6 "Rules" means these Travel Rules.
1.4.7 "Spending Unit" means a department, agency, board or institution of state government for which an appropriation is requested, to which an appropriation is made by the West Virginia Legislature, or which files an expenditure schedule with the State Budget Office.
1.4.8 "Spending Unit Officer" means a person with authority to approve Travel Authorization and Travel Expense Account Settlement Forms.
1.4.9 "State" means the State of West Virginia and any Spending Unit. 1.4.10“Third Party Booking” means using an internet travel site such as Expedia, Travelocity, Orbitz, Kayak, Hotels.com and the like, where a Traveler may research and book travel reservations.
1.4.11 "TMO" means the State of West Virginia Travel Management Office.
1.4.12 "Travel Authorization" means the form/format approved by the TMO that is to be used for approving travel under these Rules whether in an electronic travel management solution or on paper.
1.4.13 "Travel Expense Report" means the form/format approved by the TMO that is to be used for settling all travel related expenses incurred pursuant to these Rules, whether in an electronic travel management solution or on paper.
1.4.14 "Traveler" means a State of West Virginia officer, board member, employee, consultant, contractor and anyone authorized to be reimbursed travel expenses by or on behalf of the State.
1.4.15 “Travel Status” is defined as the authorized period of travel time away from the official workstation commencing with the time of departure and ending with the time of return.
Section 2. General Information
2.1 The State has an “accountable plan” for reimbursement of travel expenses and will only reimburse for actual expenses or in an amount deemed substantiated.
2.2 Authority to manage, approve, or disapprove travel and travel-related expense is delegated exclusively to the Spending Unit Officer of a Spending Unit. Authority may be revoked by the TMO.
2.3 Travel may be authorized only for official business and only if the Spending Unit has the financial resources to reimburse the Traveler for travel expenses.
2.4 Travel expenses will be reimbursed for legitimate and reasonable expenses considered necessary for the proper conduct of State business in accordance with these Rules.
2.5 The Spending Unit Officer may develop administrative policies and procedures for the Spending Unit, consistent with these Rules, to provide additional guidance to employees and others traveling on behalf of the Spending Unit.
2.6 A Traveler is considered in "travel status" when he or she is traveling on behalf of the State, which includes leaving his/her assigned official work location to perform duties at other locations.
2.7 Approval to travel out of West Virginia must be secured in advance by the Traveler from the Spending Unit providing reimbursement.
2.8 The responsibility to audit a Traveler's expense report lies with the Spending Unit. Approval of a Traveler's expense report by the Spending Unit means that the Travel Expense Report meets all criteria established by these Rules for reimbursement. The Spending Unit shall audit and submit an accurate Travel Expense Report for reimbursement to the State Auditor's Office within fifteen (15) days after completion of travel.
2.9 Travelers must use state contracts for travel services, or deal directly with the service vendor. Third Party Booking sites shall not be used.
2.10 Travelers are personally responsible for submitting all required, valid receipts for travel to his/her Purchasing Card Coordinator for expenses paid by a Purchasing Card.
Section 3. Reimbursement
3.1 Reimbursement of travel expenses incurred by consultants, contractors and non-employees will be in accordance with these Rules, unless otherwise specified in the purchase order or contract with the State.
3.2 Reimbursement of travel expenses paid from federal, state and private grants shall be governed by the terms and conditions of the grant if they differ from those contained in these Rules; otherwise, these Rules shall govern the reimbursement.
3.3 Travel reimbursement requests must be submitted in wvOasis and have all required receipts and forms attached before submitting to the Spending Unit.
3.4 Spending Units are responsible for auditing Travel Expense Reports. Approval of a Travel Expense Report is required by a Spending Unit Officer to certify the Report meets all criteria established by these Rules.
3.5 Itemized receipts are required for expenses claimed in excess of $75.00 unless otherwise specifically addressed in these Rules.
3.6. When a receipt is required, the receipt must be the valid, itemized receipt issued by the vendor or service provider documenting the transaction.
3.7 When an acceptable form of receipt is not available, a Traveler shall create, in paper or electronic form, an itemized list reflecting the goods or services purchased, vendor name, date of purchase and price. The physical or electronic signatures of the Traveler and the Spending Unit employee with signature authority for travel are required, along with whatever receipt or other documentation is available.
Section 4. Meals
4.1 Meal expense reimbursement is based on the temporary duty location and is not to exceed the maximum per diem established by the federal government. Alcohol and entertainment expenses are specifically excluded. Meal reimbursement is allowed when lodging is listed as "gratis" or "no charge."
4.2 Meal and incidental rates differ by travel location; incidentals are included in the meal per diem and are therefore not separately reimbursable. Examples of incidental expenses are fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards or stewardesses and others on ships, and hotel servants; transportation between places of lodging or business and places where meals are taken, if suitable meals cannot be obtained at the temporary duty site; and mailing cost associated with filing travel vouchers and payment of government charge card billings.
4.3 Meal expenses are reimbursable for travel requiring overnight lodging.
4.4 A Traveler may request a cash advance for meals and/or mileage by submitting a “Cash Advance Exception Request” to the Auditor’s Office.
4.5 Current rates and an example of the per diem meal breakdown may be found at the TMO website at www.state.wv.us/admin/purchase/ travel.
4.6 Adjustments to Per Diem Rates
4.6.1 Exceptions may be granted to per diem rates in situations when authorized by the Spending Unit Officer. When expenses are approved in excess of per diem rates, itemized receipts are required for the meal and incidental expenses for the entire day.
4.6.2 On the first and last days of travel of an overnight trip when no meals are provided, the allowable reimbursement is based on 75% of the federal government’s per diem rate for the specific city. Departure or arrival times are not considered. If a meal(s) is provided gratis or included within a registration fee of the business travel, the per diem rate must be reduced by the appropriate amount
4.6.3 A meal provided by a common carrier or as a complimentary meal provided by a hotel/motel does not reduce the maximum per diem rate.
4.7 Extraordinary Meal Expense Reimbursement
4.7.1 Meal expenses for single day travel are not reimbursable unless the Traveler is in travel status for more than 12 hours in a 24 hour period and reimbursement has been approved by the Spending Unit Officer. The maximum reimbursement is 75% of the GSA rate. Date and time of departure and return must be clearly noted on the Travel Expense Report.
4.7.2 Travelers providing Guardian Travel, e.g., transporting or accompanying clients, patients, students or others entrusted to a Spending Unit for its care, education or placement, may be reimbursed the cost of companion meals, not to exceed the maximum per diem. Receipts (or the student signature form) are required to be attached to the Travel Expense Report.
4.7.3 Travelers in undercover operations, law enforcement personnel and others in certain occasional overtime situations, at the direction and with the written approval of the Spending Unit Officer, may be reimbursed for their meal expenses. Spending Units must keep appropriate documentation on file.
Section 5. Transportation
5.1 Air Transportation
5.1.1 Commercial Airlines
5.1.1.1 Allowable reimbursement for commercial airline travel shall include the actual cost for the least expensive logical fare via the most direct route, or a reasonable alternative route if it results in a lower fare.
5.1.1.2 Travelers should make air travel bookings through the Statewide Contract for Travel Services.
5.1.1.3 Electronic tickets (E-tickets) are the industry standard and are issued automatically unless a paper ticket is specifically requested by the Traveler. Costs for obtaining paper tickets are not reimbursable. E-tickets are sufficient for traveling and reimbursement.
5.1.1.4 Airfare should be paid by a Purchasing Card or Ghost account.
5.1.1.5 Inappropriate Actions
5.1.1.5.1 Travelers may not deliberately cause increased costs or delays to obtain personal gratuities, such as denied boarding compensation, frequent flier points or mileage or other benefits. Conversion of airline tickets for personal benefit, such as downgrading tickets, returning unused tickets for cash, credit or personal airline tickets or other similar action is prohibited.
5.1.1.5.2 Travelers may not specify a particular airline to accumulate mileage or promotional plans such as frequent flyer programs if it results in a higher fare. Travelers may retain frequent flyer points properly accumulated.
5.1.1.5.3 If an increase in airfare is caused by the Traveler without legitimate excuse, the increased costs of the airfare are a personal expense of the Traveler and will not be reimbursed. If an increase in airfare is incurred through no fault of the Traveler and the Spending Unit Officer has approved the increase, the increased cost is reimbursable.
5.1.1.6 The travel agency should be notified immediately if airline tickets are unused or refundable for proper credit or refund.
5.1.2 Non-Commercial Aircraft Service
5.1.2.1 For any state-owned or private aircraft services to be used, Travelers are to contact the Aviation Division of the Department of Administration.
5.2 Ground Transportation
5.2.1 Generally
5.2.1.1 A Traveler may use a privately-owned, state-owned, or a commercial rental vehicle for ground transportation.
5.2.1.2 A Traveler must possess a valid operator’s license to drive a vehicle while traveling on behalf of the State.
5.2.1.3 The Traveler is responsible for following all applicable laws and requirements while driving and for any fines and/or penalties resulting from citations, charges or warrants attributable to the operator. Such fines and/or penalties are not reimbursable expenses.
5.2.1.4 When a Traveler requests to drive his or her personal vehicle rather than fly for business, reimbursement shall be based on actual in-transit expenses (mileage and other costs incurred while in-transit, such as lodging, meals, parking, tolls, etc.), not to exceed the least expensive logical commercial airline cost plus local transportation to and from the airport and parking (where required). A Traveler is not permitted to claim toll costs unless those costs were actually incurred and paid at the personal expense of the Traveler. If the Traveler’s vehicle contains an EzPass transponder that has unlimited usage for a period of time, reimbursement for tolls that accept the EzPass transponder is prohibited.
5.2.1.5 Travel between the place of residence and the official workstation is not reimbursable. A manager may deem that the point of travel may start from the employee’s place of residence rather from the workstation when the miles from the place of residence to the destination would be less than the miles from the workstation to the destination.
5.2.2 Privately-Owned Vehicles
5.2.2.1 Privately-owned vehicles may be used for state travel with Spending Unit approval when Spending Unit owned or leased vehicles are unavailable. A privately-owned vehicle should not be used when reimbursement costs are expected to exceed $50.00 per day or mileage reimbursement is expected to cost more than the cost of commercial travel (air, rental car, etc.).
5.2.2.2 Mileage allowance for privately owned vehicles engaged in State business will be based on the GSA rate in effect at the time of the travel. The rate covers all operating costs such as fuel, maintenance, insurance, etc., and no additional reimbursement will be made for such expenses.
5.2.2.3 The mileage allowance will be based on the shortest practical route to and from the destination.
5.2.2.3.1 Travel for which mileage is claimed shall normally begin and end at the Traveler's official work location.
5.2.2.3.2 Travel commencing before or after the work day for which mileage is claimed shall begin from either the traveler's official work location or the Traveler's home, whichever is closer to the destination.
5.2.2.4 Receipts are not required for mileage reimbursement when using privately-owned vehicles.
5.2.2.5 Insurance
5.2.2.5.1 Owner’s personal insurance will be primary for liability insurance coverage. Owner should contact their automobile insurer to discuss coverage available/required when using their own vehicle on State business.
5.2.2.5.2 The State’s insurer, BRIM (Board of Risk & Insurance Management), will provide excess liability coverage for additional protection to the Traveler using their personal vehicle in the course of State business. Being excess, BRIM’s coverage will only be available after the vehicle owner’s coverage is exhausted.
5.2.2.5.3 BRIM does not provide coverage that will pay for damage to a personal automobile regardless of the cause. Further, BRIM will not pay the owner’s physical damage deductible.
5.2.3 State-Owned Vehicles
5.2.3.1 A Traveler desiring to use a state-owned vehicle should contact the Spending Unit Fleet Coordinator or the FMOFMD. Please see the Legislative Rule for State-Owned Vehicles, 148 CSR 3.
5.2.3.2 Expenses, such as gasoline, parking and tolls, not chargeable to the vehicle’s gas card are reimbursable upon the Traveler providing a valid itemized receipt for expenses exceeding $75.
5.2.4 Commercial Rental Vehicles
5.2.4.1 A commercial rental vehicle should only be used when a temporary need arises, a state vehicle is unavailable and the cost will be less than the reimbursement associated with a privately-owned vehicle. Only the Traveler renting the commercial rental vehicle is permitted to operate the vehicle. If state employees are traveling together it must be noted on the rental agreement if they will operate the vehicle.
5.2.4.2 The Purchasing Card or Ghost Account are the only acceptable methods of payment when renting a vehicle. Reimbursement for rentals made outside of the statewide car rental contract requires authorization from the TMO.
5.2.4.3 Travelers must use the State contract for car rental services, unless the State contracts for car rental services do not have:
a. a location in the specific area, b. the type of vehicle needed, or c. the vehicle for the duration needed.
All contracted rates are accessible through the E-Travel System.If the State contract for car rental services is not used, then the Traveler must note the reason on the Travel Expense Report.
5.2.4.4 For travel of more than a few days in duration, weekly rental rates may be reimbursed if they result in a lower total cost than the daily rate.
5.2.4.5 Reimbursement for commercial rental vehicles will be made at actual cost for the daily rental charge for a mid-size or smaller vehicle, plus mileage fees and fuel costs.
5.2.4.6 Reimbursement may be made for a full-size vehicle if more than three (3) people are traveling together on business and for larger vehicles if a group of five (5) or more is traveling together.
5.2.4.7 Larger vehicles may be rented when situations warrant (i.e. negotiating rough terrain, transporting large groups of people or equipment or other extenuating circumstances) as approved by the Spending Unit Officer.
5.2.4.8 Collision Damage Insurance (CDW)
5.2.4.8.1 The state contract(s) for car rental services may provide CDW insurance for some vehicles that are excluded by the Purchasing Card.
5.2.4.8.2 The Purchasing Card provides CDW coverage at no cost for rentals up to 31 days.
5.2.4.8.3 No other insurance or insurance-like product is reimbursable for rental vehicles used in the United States, unless required by law. Full coverage insurance is a reimbursable expense for any approved rental vehicle used outside the United States.
5.2.4.9 The Purchasing Card does not cover the rental of trucks, campers, off-road vehicles, trailers, motorized bikes, motorcycles and motorized scooters, antique cars, high value, special interest and exotic cars, or vans that seat more than eight (8) occupants.
5.2.4.10 A receipt or documentation is required for reimbursement of vehicle rental and mileage charges or fees.
5.2.4.11 Reimbursement may be made for actual fuel costs, supported by valid, itemized receipts.
5.2.4.12 Vehicles should be returned to the rental agency with a full tank of fuel. Unless rental location provides gas at a lower rate, documentation required.
5.3 Rail Service
5.3.1 Travelers shall make advance bookings for rail service through the Statewide Contract for Travel Services, using the least expensive logical fare via the most direct route or other reasonable route that results in a lower fare.
5.3.2 The cost of rail service should be paid by a Purchasing Card or Ghost account.
5.4 Other Ground Transportation
5.4.1 When courtesy transportation is provided by a hotel, motel, or other service facility, the Traveler is encouraged to use such service.
5.4.2 Travelers may be reimbursed for taxi, bus, and other forms of public transportation. Receipts are not required if under the limit authorized by the TMO, currently $75.
Section 6. Lodging
6.1 Lodging for a Traveler is reimbursable where the distance is more than fifty (50) miles from his or her official work location or home, whichever is the shorter distance, and an overnight stay is required.
6.2 Travelers shall not book lodging through a Third Party Booking vendor. Third party vendors are unable to provide an itemized invoice or folio for reimbursement
6.3 The lodging facility location should be as convenient as possible to the location where business is being conducted.
6.4 Allowable reimbursement for lodging shall include the actual expense for overnight accommodations and all applicable taxes and surcharges. Employees are reimbursed for lodging up to the maximum per diem established by the federal government. Travelers may request reimbursement above the per diem, not to exceed 300 percent (300%) of the maximum per diem allowance. Request for reimbursement above the per diem allowance should be made in advance of travel. Reimbursement above per diem following travel may be granted subject to Spending Unit approval.
6.5 Sales tax is to be paid if the lodging facility is located outside the State of West Virginia. When using the Purchasing Card for travel, purchases made with this card for in-state travel are exempt from any form of taxation.
6.6 If more than one Traveler shares a room, one of the Travelers may claim the total charge at the rate charged for the number of persons in one room; each Traveler will need to be referenced on the other Travel Expense Account Settlement Forms. They may also request the total charge be split between them accordingly and each issued their own separate folio or receipt.
6.7 Receipts are required for lodging reimbursement. A valid, itemized invoice or folio shall be the official document utilized for reimbursement to the Traveler.
6.8 If an increase in the lodging charge is incurred due to the Travel being directed by a Spending Unit Officer to change travel plans or due to extenuating circumstances arising beyond the control of the Traveler, then the increase is reimbursable. Increased charges incurred due to the Traveler's failure to notify the lodging facility are the personal expense of the Traveler and are not reimbursable.
Section 7. Registration Fees
7.1 Registration fees and event-related materials for meetings, conferences, seminars, and/or workshops are reimbursable.
7.2 Receipts are required for reimbursement. The receipt or documentation provided by the event sponsor shall be sufficient for reimbursement.
7.3 Travelers are to adjust meal reimbursement (per diem) requests for meals included with the registration fee.
7.4 Traveler should verify acceptable payment methods with the event sponsor prior to attending. Registration fees should be charged on a Purchasing Card when possible.
7.5 If a cancellation charge is incurred, the charge is reimbursable if the Traveler is directed to change his/her travel plans, or if other extenuating circumstances beyond the Traveler's control arise. Charges incurred due to the failure of the Traveler to notify the event sponsor are considered a personal expense.
Section 8. Other Expenses
8.1 Travelers may incur miscellaneous business-related expenses for which reimbursement may be made, if appropriate. Receipts are required for any individual expenditure in excess of $75.00. The spending officer may require any or all receipts at their option as a means of cost control.
Such expenses and reimbursement may include, but are not limited to:
a. Baggage storage between appointments and between hotels and meeting places;
b. Tolls, garage, and parking fees - excluding valet parking for personal convenience.
c. Currency conversion;
d. Guides, interpreters, and visa fees; and e. La undry and dry cleaning when an employee is in travel status in excess of seven days without returning home
8.2 Valet charges will only be reimbursed where self-parking is not available or where self-parking costs more than valet parking.
8.3 Expenses for travel in foreign countries are to be reported in United States dollars. Expenditures in foreign currencies must be converted into United States dollars at the rate or rates at which the foreign currency was obtained. The rates of conversion and commissions must be shown on an attachment to the Travel Expense Report.
8.4 When a non-employee accompanies a Traveler on official business, the State shall in no way be responsible or liable for any expenses, actions or inaction of the non-employee whatsoever.
Section 9. Purchasing Card
9.1 Travelers must use the State of West Virginia Purchasing Card for approved business-related travel expenses whenever it is accepted. The Purchasing Card shall not be used for personal expenses.
9.2 Personal expenses, including food charges, shall not be charged to hotel folios when a Purchasing Card is used.
Section 10. Travel Forms
10.1 TMO approved format is to be used when seeking prior approval for reimbursement for travel expenses or submitting a request for reimbursement.
10.2 Any non-employee seeking approval or reimbursement for travel expenses must use a TMO approved form to submit the request according to these Rules. The form must contain the Traveler’s original signature, preferably in blue ink.
10.2.1 Any invoice or receipt requiring original certification may be certified by the non-employee Traveler and the Spending Unit’s chief financial officer or administrator, or as determined by the State Auditor in emergency situations.
Section 11. Restrictions, Exceptions or Waivers
11.1 Spending Unit Officers have the right to establish procedures that are more restrictive than any provision of these Rules.
11.2 Travel Expense Reports for which an exception, waiver or deviation from these Rules has been granted or made by a Spending Unit Officer shall be processed separately from those reports without exceptions, waivers or deviations. The need for specialized audit review may result in longer processing times.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.