reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-01 - Purchasing › Section 148-1-14 - Standardization

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-03 - State Owned Vehicles › Section 148-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-03 - State Owned Vehicles › Section 148-3-3 - Agency Fleet Coordinators

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-03 - State Owned Vehicles › Section 148-3-4 - Purchase of New or Replacement Vehicles

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-03 - State Owned Vehicles › Section 148-3-5 - Financing arrangements for state-owned vehicles

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-03 - State Owned Vehicles › Section 148-3-6 - Title and registration of state-owned vehicles

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-03 - State Owned Vehicles › Section 148-3-7 - Permissible use and care of state-owned vehicles

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-03 - State Owned Vehicles › Section 148-3-8 - Safe Operation

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-03 - State Owned Vehicles › Section 148-3-9 - Minimum Utilization

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-03 - State Owned Vehicles › Section 148-3-10 - Commuting in state-owned vehicles

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-03 - State Owned Vehicles › Section 148-3-11 - State-owned vehicle data required to be reported to the Fleet Management Office

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-03 - State Owned Vehicles › Section 148-3-12 - Vehicle management programs provided by the Fleet Management Office

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-04 - State Plan for the Operation of the West Virginia State Agency for Surplus Property › Section 148-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-04 - State Plan for the Operation of the West Virginia State Agency for Surplus Property › Section 148-4-2 - Designation of a State Agency for Surplus Property

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-04 - State Plan for the Operation of the West Virginia State Agency for Surplus Property › Section 148-4-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The terms
				listed in this section will have the meanings assigned to them herein.
3.1.a. "Agency" or "SASF" 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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-04 - State Plan for the Operation of the West Virginia State Agency for Surplus Property › Section 148-4-4 - Functions of the SASP

Current through Register Vol. XLI, No. 28, July 12, 2024
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).
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-04 - State Plan for the Operation of the West Virginia State Agency for Surplus Property › Section 148-4-5 - SASP Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
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 hi 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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-04 - State Plan for the Operation of the West Virginia State Agency for Surplus Property › Section 148-4-6 - Return of Donated Property

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-04 - State Plan for the Operation of the West Virginia State Agency for Surplus Property › Section 148-4-7 - Financing and Service Charges

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-04 - State Plan for the Operation of the West Virginia State Agency for Surplus Property › Section 148-4-8 - Terms and Conditions on Donated Property

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-04 - State Plan for the Operation of the West Virginia State Agency for Surplus Property › Section 148-4-9 - Unutilized or Undistributed Property

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-04 - State Plan for the Operation of the West Virginia State Agency for Surplus Property › Section 148-4-10 - Fair and Equitable Distribution

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Distribution. All property located at
				the SASP warehouse will be distributed on a first-come first-serve 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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-04 - State Plan for the Operation of the West Virginia State Agency for Surplus Property › Section 148-4-12 - Compliance and Utilization

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-04 - State Plan for the Operation of the West Virginia State Agency for Surplus Property › Section 148-4-13 - Consultation with Advisory Bodies and Public and Private Groups

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-04 - State Plan for the Operation of the West Virginia State Agency for Surplus Property › Section 148-4-14 - Audit

Current through Register Vol. XLI, No. 28, July 12, 2024
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
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-04 - State Plan for the Operation of the West Virginia State Agency for Surplus Property › Section 148-4-15 - Cooperative Agreements

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-04 - State Plan for the Operation of the West Virginia State Agency for Surplus Property › Section 148-4-16 - Liquidation

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-04 - State Plan for the Operation of the West Virginia State Agency for Surplus Property › Section 148-4-17 - Forms

Current through Register Vol. XLI, No. 28, July 12, 2024
Copies of documents used by SASP are attached as
Appendix C to the State Plan of Operation.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-04 - State Plan for the Operation of the West Virginia State Agency for Surplus Property › Section 148-4-18 - Records

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-05 - Availability Of State Surplus Buildings And Equipment To Charity Food Banks › Section 148-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative rules establish requirements for providing available state
				surplus buildings and equipment necessary for the operation of a charity food
				banks for use without charge.
1.2.
				Authority. -- W. Va. Code '9-8-7.
1.3. Filing Date. -- April 3, 1991.
1.4. Effective Date. -- April 3,
				1991.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-05 - Availability Of State Surplus Buildings And Equipment To Charity Food Banks › Section 148-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in these rules, all terms have the same meaning as
				  provided in the Charity Food Banks Act, W. Va. Code '9-8-1 et seq., and as
				  provided in the Department of Administration Act, W. Va. Code '5-1-1
				  et seq.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-05 - Availability Of State Surplus Buildings And Equipment To Charity Food Banks › Section 148-5-3 - Charity Food Bank Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
To be eligible to use without charge available state surplus
				  buildings or equipment, a charity food bank must meet the minimum standards
				  established in West Virginia Code '9-8-6 and have entered into a contract with
				  the Division of Human Services of the Department of Health and Human Resources
				  under the Hunger Prevention Act of 1985, P. L. 100-435.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-05 - Availability Of State Surplus Buildings And Equipment To Charity Food Banks › Section 148-5-4 - State Surplus Buildings

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) Upon
				request from an eligible charity food bank to use a surplus state building, the
				Director of Purchasing shall determine whether or not the building is vacant
				and available for such use.
(b) If
				the building is vacant and available, the charity food bank shall submit a
				letter of intent to the Director of Purchasing with a copy of the contract
				between the charity food bank and the Division of Human Services of the
				Department of Health and Human Resources. The letter of intent shall be signed
				and dated by an authorized representative of the charity food bank.
The letter of intent shall provide the following:
(i) Identification of the applicant, complete
				address and name, title and telephone number of the authorized representative
				signing the letter of intent;
(ii)
				Description of the building requested, including location and owner;
				and
(iii) Details on the planned
				utilization of the building.
The Director of Purchasing shall determine whether the
				  information provided in a letter of intent is sufficient.