WEST VIRGINIA CODE
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 1. DEPARTMENT OF ADMINISTRATION.
WVC 5 A- 1 - 1
For the purpose of this chapter:
(1) "Commodities" means supplies, material, equipment and any
other articles or things used by or furnished to a department,
agency or institution of state government.
(2) "Contract" means an agreement between a state spending
unit and a vendor relating to the procurement of commodities or
services, or both.
(3) "Debarment" means the exclusion of a vendor from the right
to bid on contracts to sell goods or supply services to the state
or its subdivisions for a specified period of time.
(4) "Director" means the director of the division referred to
in the heading of the article in which the word appears.
(5) "Electronic" means electrical, digital, magnetic, optical,
electromagnetic or any other similar technology.
(6) "Electronic transmission" or "electronically transmitted"
means any process of communication not directly involving the
physical transfer of paper that is suitable for the retention,
retrieval and reproduction of information by the recipient.
(7) "Expendable commodities" means those commodities which,
when used in the ordinary course of business, will become consumed
or of no market value within the period of one year or less.
(8) "Grant" means the furnishing of assistance, financial or
otherwise, to any person or entity to support a program authorized by law.
(9) "Nonprofit workshops" means an establishment: (A) Where
any manufacture or handiwork is carried on; (B) which is operated
either by a public agency or by a cooperative or by a nonprofit
private corporation or nonprofit association in which no part of
the net earnings thereof inures, or may lawfully inure, to the
benefit of any private shareholder or individual; (C) which is
operated for the primary purpose of providing remunerative
employment to blind or severely disabled persons who cannot be
absorbed into the competitive labor market; and (D) which shall be
approved, as evidenced by a certificate of approval, by the State
Board of Vocational Education, Division of Vocational
(10) "Printing" means printing, binding, ruling,
lithographing, engraving and other similar services.
(11) "Procurement" means the buying, purchasing, renting,
leasing or otherwise obtaining of commodities or services.
(12) "Public funds" means funds of any character, including
federal moneys, belonging to or in the custody of any state
(13) "Record" means information that is inscribed on a
read-only tangible medium or that is stored in an electronic or
other medium and is retrievable in perceivable form.
(14) "Removable property" means any personal property not permanently affixed to or forming a part of real estate.
(15) "Request for quotations" means a solicitation for a bid
where cost is the primary factor in determining the award.
(16) "Responsible bidder" means a vendor who has the
capability to fully perform the contract requirements, and the
integrity and reliability which will assure good-faith performance.
(17) "Responsive bidder" means a vendor who has submitted a
bid which conforms in all material respects to the bid
(18) "Secretary" means the Secretary of Administration.
(19) "Services" means the furnishing of labor, time, expertise
or effort, not involving the delivery of a specific end commodity
or product other than one that may be incidental to the required
(20) "Spending officer" means the executive head of a spending
unit, or a person designated by him or her.
(21) "Spending unit" means a department, bureau, department,
division, office, board commission, authority, agency or
institution of the state government for which an appropriation is
requested of the Governor, or to which an appropriation is made by
the Legislature, unless a specific exemption from this chapter is
provided in this code.
(22) "The state and its subdivisions" means the State of West
Virginia, every political subdivision thereof, every administrative entity that includes such a subdivision, all municipalities and all
county boards of education.
(23) "Vendor" means any person or entity that may, through
contract or other means, supply the state or its subdivisions with
commodities or services, and lessors of real property.
WVC 5 A- 1 - 2
§5A-1-2. Department of Administration and Office of Secretary;
secretary; divisions; directors.
(a) The Department of Administration and the Office of
Secretary of Administration are continued in the executive branch
of state government. The secretary is the Chief Executive Officer
of the department and shall be appointed by the Governor, by and
with the advice and consent of the Senate, for a term not exceeding
the term of the Governor.
(b) The Department of Administration may receive federal
(c) The secretary serves at the will and pleasure of the
Governor. The annual compensation of the secretary shall be as
specified in section two-a, article seven, chapter six of this
(d) There shall be in the Department of Administration a
Finance Division, a General Services Division, an Information
Services and Communications Division, Division of Personnel and a
Purchasing Division. Each division shall be headed by a director
who may also head any and all sections within that division and who
shall be appointed by the secretary.
(e) There shall also be in the Department of Administration
those agencies, boards, commissions and councils specified in
section one, article two, chapter five-f of this code.
(f) The secretary may establish a Fleet Management Office
within the Department of Administration to:
(1) Manage all motor vehicles and aircraft owned or possessed
by the State of West Virginia or any of its departments, divisions,
agencies, bureaus, boards, commissions, offices or authorities:
Provided, That, such vehicles and aircraft shall not be used for
personal purposes, other than for de minimis personal use;
(2) Administer the rules, including emergency rules,
promulgated under the provisions of sections forty-eight and
forty-nine, article three of this chapter; and
(3) Perform any duties relating to motor vehicles and aircraft
owned or possessed by the State of West Virginia assigned by the
secretary, which duties may include those set out in sections fifty
through fifty-three, article three of this chapter.
Acts, 1990 Reg. Sess., Ch. 2.
Acts, 1990 Reg. Sess., Ch. 2.
Acts, 1990 Reg. Sess., Ch. 2.
§5A-1-3. Powers and duties of secretary, division heads and
The secretary shall have control and supervision of the
department of administration and shall be responsible for the work
of each of its employees. The secretary shall have such power and
authority as specified in section two, article two, chapter five-f
of this code. The secretary shall also have the authority to
employ such assistants and attorneys as may be necessary for the
efficient operation of the department. The secretary, the division
heads and the employees of the department shall perform the duties
herein specified and shall also perform such other duties as the
governor may prescribe.
WVC 5 A- 1 - 4
§5A-1-4. Council of finance and administration.
(a) The council of finance and administration is hereby
created and shall be composed of eleven members, five of whom shall
serve ex officio and six of whom shall be appointed as herein
provided. The ex officio members shall be the secretary of the
department of administration, the secretary of revenue, the
attorney general or his or her designee, the state treasurer or his
or her designee and the state auditor or his or her designee; such
designees being authorized voting ones. From the membership of the
Legislature, the president of the Senate shall appoint three
senators as members of the council, not more than two of whom shall
be members of the same political party, and the speaker of the
House of Delegates shall appoint three delegates as members of the
council, not more than two of whom shall be members of the same
political party. Members of the council appointed by the president
of the Senate and the speaker of the House of Delegates shall serve
at the will and pleasure of the officer making their appointment.
The secretary of administration shall serve as chairman of the
council. Meetings of the council shall be upon call of the
chairman or a majority of the members thereof. It shall be the
duty of the chairman to call no less than four meetings in each
fiscal year, one in each quarter, or more often as necessary, and
all meetings shall be open to the public. All meetings of the
council shall be held at the capitol building in a suitable
committee room which shall be made available by the Legislature for such purpose: Provided, That the second quarterly meeting in each
fiscal year shall be held in November and shall be a joint meeting
with the joint committee on government and finance of the
Legislature called jointly by the president of the Senate, speaker
of the House of Delegates and secretary of administration.
(b) The council shall serve the department of administration
and the director of the budget in an advisory capacity for purposes
of reviewing the performance of the administrative and fiscal
procedures of the state, including the oversight of all federal
funds, and shall have the following duties:
(1) To advise with the director of the budget in respect to
matters of budgetary intent and efficiency, including the budget
bill and budget document detail and format;
(2) To advise with the secretary and the director of the
budget concerning studies of government and administration
concerning fiscal policy as it considers appropriate;
(3) To advise with the secretary and the director of the
budget in the preparation of studies designed to provide long-term
capital planning and finance for state institutions and agencies;
(4) To advise with the secretary and the director of the
budget in respect to the application for, and receipt and
expenditure of, anticipated or unanticipated federal funds.
(c) The appointed, nonex officio members of the council shall
be entitled to receive compensation and reimbursement for expenses in connection with performance of their duties, during interim
periods, if not otherwise receiving the same for identical periods,
as is authorized by the applicable sections of article two-a,
chapter four of the code in respect to performance of duties either
within the state or, if necessary, out of state. Compensation and
expenses shall be incurred and paid only after approval by the
joint committee on government and finance.
WVC 5 A- 1 - 5
§5A-1-5. Reports by secretary.
The secretary shall make an annual report to the governor
concerning the conduct of the department and the administration of
the state finances as they pertain to programs administered by the
department of administration. The secretary shall also make other
reports as the governor may require.
§5A-1-6. Oath and bond of secretary; bond required for director of
the purchasing division; bonds for other directors and
employees; cost of bonds.
The secretary, before entering upon the duties of his office,
shall take and subscribe to the oath prescribed by Section 5,
Article IV of the constitution of West Virginia. Notwithstanding
any other provisions to the contrary, the secretary shall execute
a bond in the penalty of one hundred thousand dollars, payable to
the state of West Virginia, with a corporate bonding or surety
company authorized to do business in this state as surety thereon,
approved by the governor, in form prescribed by the attorney
general and conditioned upon the faithful performance of his duties
and the accounting for all money and property coming into his hands
by virtue of his office. The oath and bond shall be filed with the
secretary of state.
The director of the purchasing division shall execute a bond
in the penalty of one hundred thousand dollars and any person
employed as a state buyer in accordance with article three of this
chapter shall execute a bond in the penalty of fifty thousand
dollars, payable to the state of West Virginia, with a corporate
bonding or surety company authorized to do business in this state
as surety thereon, approved by the governor, in form prescribed by
the attorney general and conditioned upon the faithful performance
of his duties under the provisions of this chapter and all rules
and regulations promulgated pursuant to such chapter and the accounting for all money and property coming into his hands by
virtue of his office or position. The bonds shall be filed with
the secretary of state. In lieu of separate bonds for state
buyers, a blanket surety bond may be obtained. The other division
directors and all other employees of the department shall be
covered by bonds in cases where the secretary thinks it necessary,
which bonds shall be in the penalty prescribed by the secretary and
shall be filed with the secretary of state.
The cost of all such surety bonds shall be paid from funds
appropriated to the department of administration.
§5A-1-7. Delegation of powers and duties by secretary.
The powers and duties vested in the secretary may be delegated
by him to his assistants and employees, but the secretary shall be
responsible for all official acts of the department.
§5A-1-8. Right of appeal from interference with functioning of
Upon occasion of a showing that the application of the
authority vested under the provisions of this chapter may interfere
with the successful functioning of any department, institution or
agency of the government, such department, institution or agency
may have the right of appeal to the governor for review of the case
and the decision or conclusion of the governor shall govern in such
§5A-1-9. Reporting of state assets held to secretary and state
On or before the first day of July, one thousand nine hundred
ninety, the secretary of administration shall, pursuant to chapter
twenty-nine-a of this code, promulgate rules requiring any and all
banks, savings and loans or other financial institutions in
possession of property or other assets belonging to the state of
West Virginia to report on at least an annual basis, to the
secretary and state treasurer, the nature and value of said
WVC 5 A- 1 - 10
§5A-1-10. General procurement provisions for state spending units.
(a) Unless this code specifically provides to the contrary,
all spending units, whenever possible, shall base purchases for
commodities and services on a competitive process and utilize
available statewide contracts.
(b) The secretary shall issue a notice to cease and desist to
any spending unit when the secretary has credible evidence that a
spending unit has failed, whenever possible, to purchase
commodities and services on a competitive basis or to use available
statewide contracts. Failure to abide by such notice may result in
penalties set forth in section seventeen, article three of this
WVC 5 A- 1 - 11
§5A-1-11. State Americans with disabilities coordinator.
(a) There is continued within the Department of Administration
the position of the State Americans with Disabilities Coordinator,
who shall be appointed by the Secretary of the Department of
Administration with input from the chairperson from each of the
following four councils:
(1) The Developmental Disabilities Council;
(2) The Statewide Independent Living Council;
(3) The Mental Health Planning Council; and
(4) The State Rehabilitation Council.
(b) The coordinator shall be a full-time employee, and shall
have an in-depth working knowledge of the challenges facing persons
with disabilities. The coordinator may be a current employee of the
Department of Administration or other state agency employee.
(c) The coordinator shall:
(1) Advise the Director of Personnel in the development of
comprehensive policies and programs for the development,
implementation and monitoring of a statewide program to assure
compliance with 42 U.S.C. §12101, et seq., the federal Americans
with Disabilities Act;
(2) Assist in the formulation of rules and standards relating
to the review, investigation and resolution of complaints of
discrimination in employment, education, housing and public
(3) Consult and collaborate with state and federal agency
officials in the state plan development;
(4) Consult and collaborate with agency Americans with disabilities officers on the appropriate training for managers and
supervisors on regulations and issues;
(5) Represent the state on local, state and national
committees and panels related to Americans with disabilities;
(6) Advise the Governor and agency heads on Americans with
(7) Consult with state equal employment opportunity officers
on the hiring of persons with disabilities; and
(8) Be available to inspect and advise the leasing section of
the Division of Purchasing on all physical properties owned or
leased by the State of West Virginia for compliance with 42 U.S.C.
§12101, et seq., the federal Americans with Disabilities Act.
(d) (1) The Secretary of the Department of Administration may
assess, charge and collect fees from each state spending unit which
utilizes the services of the coordinator, for the direct costs and
expenses incurred by the coordinator in providing those services.
Costs and expenses include travel, materials, equipment and
supplies. Moneys shall be collected through the Division of
(2) A state spending unit shall agree in writing to all costs
and expenses before the services by the Americans with Disabilities
coordinator are rendered.
(e) There is continued in the Department of Administration a
special fund to be named the "Americans with Disabilities
Coordinator Fund", which shall be an interest-bearing account and
may be invested in accordance with the provisions of article six,
chapter twelve of this code, with the interest income a proper credit to the fund. Funds paid into the account may be derived
from the following sources:
(1) All moneys received from state spending units for the
costs and expenses incurred by the state Americans with
Disabilities Coordinator for providing services related to the
state's implementation and compliance with 42 U.S.C. §12101, et
seq., the federal Americans with Disabilities Act;
(2) Any gifts, grants, bequests, transfers or donations which
may be received from any governmental entity or unit or any person,
firm, foundation or corporation; and
(3) All interest or return on investment accruing to the fund.
(f) Moneys in the fund are to be used for the costs and
expenses incurred pursuant to this section. Any balance including
accrued interest in this special fund at the end of any fiscal year
shall not revert to the General Revenue Fund, but shall remain in
the fund for use by the Secretary of the Department of
Administration for providing additional Americans with Disabilities
Coordinator services within the State of West Virginia in the
ensuing fiscal years.
(g) The Secretary of the Department of Administration shall
report annually on the fund to the Governor, President of the
Senate and Speaker of the House of Delegates. The report must be
on CD ROM or other electronic media and shall not be in print
Note: WV Code updated with legislation passed through the 2015 Regular Session
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