2016 Delaware Code
Title 29 - State Government
CHAPTER 63A. OFFICE OF MANAGEMENT AND BUDGET
§ 6308A. Government Support Services.

(a) As used in this section:

(1) "Duly authorized volunteer fire department" shall mean a volunteer fire department recognized as such by the State Fire Prevention Commission.

(2) "Local government unit" shall mean any municipality incorporated in this State under the authority of the General Assembly and any of the 3 counties.

(3) "State agency" or "agency" shall not include institutions of higher education unless otherwise expressly provided.

(b) The Government Support Services Section of the Office of Management and Budget is hereby established having powers, duties and functions relating to the distribution of surplus property as follows:

(1) The Government Support Services Section may:

a. Acquire from the United States of America, in conformity with the federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. § 484 et seq.) (see now 40 U.S.C. § 541 et seq.);

b. Warehouse such property;

c. Distribute such property within the State to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges and universities within the State, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges and universities which have been held exempt from taxation under § 501 of the United States Internal Revenue Code of 1954 (26 U.S.C. § 501), to civil defense organizations of the State, duly authorized volunteer fire departments within the State or political subdivisions and instrumentalities thereof, which are established pursuant to state law, and to such other types of institutions or activities as may become eligible under federal law to acquire such property;

d. Receive applications from eligible institutions for the acquisition of federal surplus real property, investigate the same, make recommendations regarding the need of such applicant for the property and otherwise assist in the processing of such applications for acquisition of real and related personal property of the United States under § 203(k) of the federal Property and Administrative Services Act of 1949 (40 U.S.C. § 484) (see now 40 U.S.C. § 541 et seq.);

e. Make such certifications, take such action, make such expenditures and enter into such contracts, agreements and undertakings for and in the name of the State including cooperative agreements with any federal agencies providing for utilization by, and exchange between them of the property, facilities, personnel and services of each by the other, and require such reports and make such investigations as may be required by law or regulation of the United States of America in connection with the disposal of real property and the receipt, warehousing and distribution of personal property received from the United States of America.

(2) The Government Support Services Section shall:

a. Act as the responsible agency to operate the surplus commodity program in Delaware, in accordance with the regulations and procedures prescribed by the United States Department of Agriculture. The Office of Management and Budget may take such action, make such expenditures and enter into such contracts, agreements and undertakings for the State to provide for the distribution of available commodities to all eligible recipients in the State who make proper application therefor;

b. Act as the sole state agency to receive, warehouse and distribute food commodities issued by the federal government for use in nonprofit school lunch programs, nonprofit summer camps for children, non-penal, nonprofit, tax-exempt private or public institutions, state correctional institutions and assistance to other needy persons in accordance with § 416 of the Agricultural Act of 1949 (7 U.S.C. § 1431), as amended, and other applicable federal laws and regulations; provided however, that the Office of Management and Budget shall have no control over the administration of the school lunch program beyond receiving, warehousing and distributing such food commodities.

(3)a. The State Treasurer shall maintain, in the name of the Office of Management and Budget, Government Support Services, a special revolving account. There shall be deposited in this special account all moneys received as handling charges for the acquisition, warehousing, distribution or transfer of property of the United States of America as authorized under paragraph (1) of this subsection.

b. All funds collected by the Government Support Services Section shall be accounted for as provided by law for receipts of state agencies. Such funds shall be used to cover the expenses of the program. In accordance with federal regulations no funds in such special account shall revert to the General Fund of the State. Funds generated by Delaware Surplus Services and deemed to be surplus by the Director of the Office of Management and Budget shall be transferred to the Facilities Management Section for maintenance and restoration of state buildings and grounds maintained by the Facilities Management Section.

(c) The Government Support Services Section shall have the powers, duties and functions relating to the central contracting for materiel and services throughout the State as outlined in § 6908 of this title.

(d) The Government Support Services Section shall not contract for, procure or purchase printed matter, forms, bond paper or pads larger than 8 1/2 inches by 11 inches unless such printed matter, forms, bond paper or pads are perforated or otherwise designed to produce finished printed matter or forms not larger than 8 1/2 inches by 11 inches.

(e) The Government Support Services Section shall not contract for vertical file cabinets designed to hold completed documents larger than 8 1/2 inches by 11 inches.

(f) Each agency may use its existing supply of printed matter, forms, bond paper and pads until the supply is exhausted and each agency may use its existing vertical file cabinets for so long as such cabinets remain serviceable.

(g) This section shall not prohibit the purchase or use of printed matter or forms larger than 8 1/2 inches by 11 inches, if the printed matter or forms are to be used to maintain accounting or bookkeeping records, for preparing architectural or engineering drafts or documents or for preparing maps, graphs, posters, charts or art work, or if the printed matter or forms are authorized by the State Archivist and Records Administrator. This section does not prohibit the purchase or use of fan-fold paper designed for use in computer peripheral devices.

(h) The Government Support Services Section shall provide messenger and mail services to state agencies.

(i) The Government Support Services Section shall provide graphics and printing services, including but not limited to printing, duplicating, photography and photocopying, to all state agencies. If appropriate, the Government Support Services Administrator may award a contract in accordance with Chapter 69 of this title. The acquisition of copiers in state buildings which are managed by the Office of Management and Budget, Facilities Management, shall have the approval of the Director of the Office of Management and Budget.

(j) The Government Support Services Section shall provide transportation services to state agencies, including institutions of higher education, through the Office of Fleet Services.

(k) The Government Support Services Section shall provide information services to the general public through a State Information Guide System.

(l) No agency of state government shall procure, purchase or lease any postage meters or equipment for the metering of mail or the affixing of postage without the prior approval of the Government Support Services Section.

(m) The Office of Fleet Services is hereby established within the Government Support Services Section and shall have the following powers, duties and functions. The Office of Fleet Services shall:

(1) Have the administrative, ministerial, budgetary and clerical functions of Fleet Services;

(2) Establish and operate a statewide fleet management system, as established by § 7105 of this title;

(3) Investigate and resolve all citizens' complaints relating to abuse or misuse of all agency/school district owned vehicles;

(4) Recommend to the Director of the Office of Management and Budget appropriate funding levels for all agency/school districts for in-state travel requirements;

(5) Be the sole agency to receive the proceeds from the disposal of vehicles and vehicle parts, including all nongeneral funds except those funds that, as a basis for their authorization, require the proceeds of such disposal to be returned to the original source of the funds; and

(6) Establish an appropriated special fund account to sustain the total cost and operation of the Office of Fleet Services and its function, including staff salaries and the statewide fleet management system.

(n) The Government Support Services Administrator shall assume such other powers, duties and functions as the Director of the Office of Management and Budget may assign which are not otherwise inconsistent with the laws of this State.

75 Del. Laws, c. 88, § 4; 77 Del. Laws, c. 84, §§ 324, 325.;