Budget, Fiscal, Procurement and Contracting Regulations
CHAPTER 63A. OFFICE OF MANAGEMENT AND BUDGET
§ 6301A. Establishment of Office of Management and Budget.
An Office of Management and Budget, referred to in this chapter as "Office," is hereby established.
75 Del. Laws, c. 88, § 4.;
§ 6302A. Director; appointment; salary; bond; employees and assistants.
(a) There shall be a Director of the Office of Management and Budget, hereinafter referred to in this chapter as "Director,"
to be appointed by and to serve at the pleasure of the Governor, with the advice and consent of the Senate. The Director shall
be paid a salary established by the Governor within the limitation of the funds appropriated therefore.
(b) The Director may employ such employees as may be required to carry out the duties of this office and may fix the salaries
of such employees within the limitations of the funds appropriated therefore.
(c) In the event of a vacancy in the position of Director, including the death, resignation, temporary incapacity or removal
of the incumbent and prior to the appointment of a successor, the Governor may appoint any qualified individual to serve as
Acting Director.
(d) The Director may call upon any other state officer for such assistance as the Director may require and may employ such
special help as it may require to carry out this chapter. The Director shall fix the compensation of such persons as may be
employed to be paid out of such fund as the General Assembly may appropriate for that purpose.
75 Del. Laws, c. 88, § 4.;
§ 6303A. General powers and duties.
The Director of the Office of Management and Budget shall have the following powers, duties and functions:
(1) To audit, inspect and examine the accounts and the affairs of and the records of any agency of this State at such times
as deemed expedient for the supervision of the budget and shall require all agencies to submit estimates showing the amounts
and purposes of all anticipated expenditures to be made at the time or period in which such expenditures are to be made by
an agency; such estimates of anticipated expenditures to be submitted in such form as the Director may prescribe;
(2) To require such fiscal reports, statements of balances on hand, estimates of receipts and information in any manner pertinent
to the fiscal affairs of this State from the Secretary of Finance, Auditor of Accounts or any other agency of the State in
such form as the Director shall prescribe for the purposes of this chapter;
(3) To design and install in any agency of this State such accounting records and procedures as shall be adequate for the
control of the fiscal affairs of this State and require any agency of this State to follow and comply with the accounting
procedures so designed;
(4) To report to the General Assembly and the Attorney General in writing any irregular, illegal or improper financial administration
or transaction;
(5) To make recommendations to the General Assembly concerning the control of all state property and of accounts receivable
and concerning a system of recording and accounting for the improvement and control of the fiscal practices and the adoption
of a fiscal policy by the State;
(6) To consider and approve or disapprove transfers between appropriations contained in the budget as defined in this chapter
and for which purpose it is provided that such transfers shall become effective only upon approval of the Director;
(7) To authorize, with the concurrence of the Controller General, special funds that are deemed necessary while the General
Assembly is not in session, and until such time as legislation may be introduced at the next session of the General Assembly
and acted upon;
(8) To prepare and administer the State's program of public works and major capital improvement projects;
(9) To prepare, and from time to time revise, an inventory listing the State's real property and facilities of all kinds;
(10) To supervise, direct and account for the administration and operation of the Office, its divisions, subdivisions, offices,
functions and employees;
(11) To appoint and fix the salary of, with the written approval of the Governor, the following administrators, who may be
removed from office by the Director with the written approval of the Governor and who shall have such powers, duties and functions
in the administration and operation of the Office as may be assigned by the Director:
a. A Management Services Administrator who shall be qualified by training and experience to perform the duties of the office.
b. A Facilities Management Administrator who shall be qualified by training and experience to perform the duties of the office.
c. A Government Support Services Administrator who shall be qualified by training and experience to perform the duties of
the office.
d. A Human Resource Management Administrator who shall be qualified by training and experience to perform the duties of the
office.
e. A Benefits and Insurance Administrator who shall be qualified by training and experience to perform the duties of the office.
f. An Administrator of Budget Development, Planning and Administration who shall be qualified by training and experience to
perform the duties of the office.
(12) To appoint such additional personnel as may be necessary for the administration and operation of the Office within such
limitations as may be imposed by law;
(13) To establish, consolidate or abolish such divisions, subdivisions and offices within the Office or transfer or combine
the powers, duties and functions of the divisions and other groups within the Office, with the written approval of the Governor,
as may deem necessary, provided that all powers, duties and functions required by law shall be provided for and maintained;
(14) To make and enter into any and all contracts, agreements or stipulations, to retain, employ and contract for the services
of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical
and other services and facilities, whenever they shall be deemed by the Director necessary or desirable in the performance
of the functions of the Office and whenever funds shall be available for such purpose, with the specific requirement that
all necessary legal services be provided pursuant to Chapter 25 of this title;
(15) To delegate any of the Director's powers, duties or functions to an individual in paragraph (11) of this section, except
the power to remove employees of the Department or to fix their compensation;
(16) To establish and to promulgate such rules and regulations governing the administration and operation of the Office as
may be deemed necessary by the Director and which are not inconsistent with the laws of this State;
(17) To maintain such facilities throughout the State as may be required for the effective and efficient operation of the
Office;
(18) To adopt an official seal or seals for the Office;
(19) To accept and to receive, in furtherance of the Office's function, funds, grants and services from the federal government
or its agencies;
(20) To assume such other powers, duties and functions as the Governor may assign which are not otherwise inconsistent with
the laws of this State;
(21) To prepare, in cooperation with the division directors, a proposed budget for the operation of the Office, to be submitted
for the consideration of the Governor and the General Assembly. The Office shall be operated within the limitation of the
annual appropriation and any other funds appropriated by the General Assembly, with the provision that special funds may be
used in accordance with approved programs, grants and appropriations;
(22) To administer and manage a statewide human resource information system, and upon implementation, serve as the administrator
of all data and processes supported by the system throughout the State, including all government agencies, school districts,
Delaware State University and Delaware Technical and Community College; and
(23) To be responsible for the clerical administration of all state pension funds. The Director of the Office of Management
and Budget shall have the authority to recommend to the Governor such changes as may be desirable in the pension system for
employees in the classified service.
75 Del. Laws, c. 88, § 4.;
§ 6304A. Limitation on power to investigate.
The Director shall not investigate or require reports from the judiciary or from the courts of this State, from any private
hospital, from the General Assembly, from any local or special school district respecting locally raised (non-state) revenues,
from any fire company, or concerning the burial of indigent veterans, or from Kent and Sussex Fair Association, from the Libraries
of Municipalities, from the Delaware Historical Society, from the American Legion, from the United Spanish War Veterans, from
the Veterans of Foreign Wars, from Disabled American Veterans, from Paralyzed Veterans of America, from Vietnam Veterans of
America or from other similar institutions not directly under the jurisdiction of the administrative or executive authority
of this State.
75 Del. Laws, c. 88, § 4.;
§ 6305A. Exemptions.
The following positions set forth in this section shall be exempt from Chapter 59 of this title:
(1) Director of the Office of Management and Budget;
(2) Management Services Administrator;
(3) Facilities Management Administrator;
(4) Government Support Services Administrator;
(5) Human Resource Management Administrator;
(6) Benefits and Insurance Administrator; and
(7) Administrator of Budget Development, Planning and Administration
75 Del. Laws, c. 88, § 4.;
§ 6306A. Management Services.
(a) The Management Services Section of the Office of Management and Budget is hereby established, having the powers, duties
and functions as follows:
(1) Administer and coordinate the recordkeeping, fiscal affairs, information technology, statistics, accounting, budgeting,
personnel and other general services for the Office, as the Director of the Office of Management and Budget may deem necessary,
for the proper, efficient and economical operation of the Office;
(2) Co-ordinate such general services and business administration with departments, agencies and offices of this State, other
states and the federal government; and
(3) Perform special studies and reports and direct services of the Office to coordinate the services of the Office with other
departments, agencies and offices of this State.
(b) The Management 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.;
§ 6307A. Facilities Management.
(a) The Facilities Management Section of the Office of Management and Budget is hereby established having powers, duties and
functions as follows:
(1) Advise the Director of the Office of Management and Budget on the allocation of existing space in facilities owned or
leased by the State among state agencies, boards and commissions;
(2) Advise the Director of the Office of Management and Budget on any need to acquire additional facilities for any state
agency, board or commission;
(3) Provide facility maintenance programs, including but not limited to building maintenance, grounds maintenance, security
and custodial services.
(b) The Facilities Management Section shall review all building design, construction, and operations for state agencies, including
school districts. The purpose of this review shall be to:
(1) Establish and apply evaluation factors and performance specifications for structural and mechanical functions;
(2) Research and analyze design and construction factors as they relate to economical construction and reliability and maintenance
performance;
(3) Advise, recommend and refer to the Governor matters dealing with state building design and construction practice;
(4) Review bidding procedures and study and make recommendations dealing with bid laws;
(5) Make such studies and provide such information as shall cause the selection of the best cost/performance components that
will satisfy a particular function; and
(6) Review and make recommendations regarding the operation, maintenance and efficiency of the physical plant of state facilities.
(c) The Facilities Management Section shall be responsible for the performance of all the powers, duties and functions vested
in the Office of Management and Budget pursuant to Chapter 4 of this title.
(d) The Facilities Management Section shall be responsible for the design, construction and/or renovation of all public buildings
for state departments and agencies. In performance of these duties, the Office of Management and Budget shall, in the following
areas, consult with the agency for which the project is being or will be completed: pre-design services, architectural plans
and preliminary cost estimates, selection and negotiation of professional services, approval of minor capital improvement
projects to be bid upon and awarded, approval of final architectural and engineering drawings for major capital projects and
approval of change orders greater than or equal to 2 percent of a project cost. For the purpose of this subsection, state
departments and agencies shall not include school districts and institutions of higher learning.
(e) The Facilities Management Section shall:
(1) Be the only state agency authorized to rent parking space in the underground facilities located at the Carvel State Building;
(2) At the discretion of the Administrator, approve all proposed contracts for architectural, engineering and construction
management services and all architectural, structural and electrical plans, specifications and cost estimates for public building
projects to be undertaken by all state departments and agencies. All projects planned, designed, maintained and/or constructed
by the Department of Transportation, with the exception of projects for the construction of public buildings, are specifically
exempted from the requirements of this subsection;
(3) Negotiate, review and approve all leases and lease renewals on behalf of all state departments and agencies for facilities
throughout the State;
(4) Establish statewide policies and standards for all leases including: space allocation, energy efficiency, maintenance,
security and custodial services;
(5) Develop an inventory of all state leases and space available in all state facilities; and
(6) Develop a long-term plan to coordinate the State's leasing practices with a comprehensive plan of facilities management
and space allocation.
(f) The Facilities Management 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.
(g) For purposes of this section, the terms "state agency" or "state departments or agencies" shall not include institutions
of higher education unless otherwise expressly provided.
75 Del. Laws, c. 88, § 4; 77 Del. Laws, c. 84, § 323.;
§ 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 81/2 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 81/2 inches by 11 inches.
(e) The Government Support Services Section shall not contract for vertical file cabinets designed to hold completed documents
larger than 81/2 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 81/2 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.;
§ 6309A. Human Resources Management.
(a) The Human Resources Management Section of the Office of Management and Budget is hereby established having powers, duties
and functions relating to human resources as follows:
(1) In addition to the duties imposed upon the Human Resources Management Administrator elsewhere in this Code and consistent
with the right of public employees to organize under Chapter 13 of Title 19, it shall be the Administrator's duty to:
a. Attend all meetings of the Merit Employee Relations Board and act as liaison between the Board and the Office of Management
and Budget, and to cooperate with the staff of the Board in administrative and technical activities;
b. Establish and maintain a roster of all employees in the classified service as defined in § 5903 of this title, setting
forth pertinent data as to each employee, including the class title of the position held, salary or pay, and any change in
class title, pay or status;
c. Designate an employee to act as the staff development officer for the Office of Management and Budget, funded through appropriated
special funds. This individual will support statewide training programs for state managers, supervisors and employees. Statewide
training programs will be supported with funds generated from the assessment of charges for courses on agencies participating
in certain classes held by the Office of Management and Budget. The Office of Management and Budget may set charges for courses
to sustain or create training programs with the funds placed in an appropriated special fund account;
d. Encourage the development of more effective personnel administration within the departments and agencies in the state service
and to make available for this purpose the assistance and facilities of the Merit Employee Relations Board;
e. Investigate from time to time the operation and effect of Chapter 59 of this title, and of the rules made thereunder and
to report findings and recommendations to the Merit Employee Relations Board; and
f. Perform any other lawful acts necessary or desirable to carry out the provisions of Chapter 59 of this title and the rules
adopted thereunder.
(b) The Human Resources Management 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.;
§ 6310A. Benefits and Insurance Administration.
(a) The Benefits and Insurance Administration Section of the Office of Management and Budget is hereby established having
powers, duties and functions as follows:
(1) With the exception of deferred compensation pursuant to Chapter 60A of this title and any other investment or retirement
savings plan, the Administrator shall be responsible for the management and administration of all currently existing and future
state employee benefits programs, including but not limited to group health, group life, flexible benefits, dental, vision,
prescription, long-term care, disability and the Blood Bank.
(2) The Director of the Office of Management and Budget shall have such powers and duties with regard to the State Insurance
Coverage Office as may be provided in the annual operating act.
(b) The Benefits and Insurance 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.;
§ 6311A. Budget Development, Planning and Administration.
(a) The Budget Development, Planning and Administration Section of the Office of Management and Budget is hereby established,
having the powers, duties and functions as follows:
(1) Oversees the preparation, presentation and implementation of the state's operating and capital budgets;
(2) Directs the adaptation and implementation of effective fiscal and management policies and procedures;
(3) Manages the analysis of federal budgetary and financial issues including the administrative functions of the Delaware
State Clearinghouse Committee; and
(4) Provides management direction to the Office of State Planning Coordination on planning policy direction and the analysis
of potential impacts.
(b) The Administrator of the Budget Development, Planning and Administration Section 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.;
§ 6312A. Functions prior to July 1, 2005.
The Office of Management and Budget, through appropriate divisions, subdivisions and offices, shall have the power to perform
and shall be responsible for the performance of all the powers, duties and functions vested in the Division of Facilities
Management, Division of Support Services, Division of Graphics and Printing, and the State Architect within the former Department
of Administrative Services immediately prior to July 1, 2005, and which are not otherwise specifically assigned to the Office
of Management and Budget by this chapter, excepting only those powers, duties and functions expressly vested in or retained
by any such person, department, board, commission or agency.
75 Del. Laws, c. 88, § 4.;
§ 6313A. Appeals.
Any and all rights of appeal now existing by law, with respect to any act or acts constituting the exercise of any function
or functions transferred by this chapter to the Office of Management and Budget or to any division or subdivision thereof,
shall continue to exist with respect to such act or acts as hereafter performed by the Office of Management and Budget or
by the division, subdivision or office to which such function is transferred, and each such appeal shall be perfected in the
manner heretofore provided by law.
75 Del. Laws, c. 88, § 4.;
§ 6314A. Transfers and continuity.
(a) All books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment in the
possession of any agency of the State and used in connection with a function transferred by this chapter to the Office of
Management and Budget shall, on July 1, 2005, be delivered into the custody of the said Office. All investigations, petitions,
hearings and legal proceedings pending before or instituted by any agency from which functions are transferred by this chapter
and not concluded prior to July 1, 2005, shall continue unabated and remain in full force and effect, notwithstanding the
passage of this chapter and, where necessary, may be completed before, by or in the name of the Office. All orders, rules
and regulations made by any agency from which functions are transferred by this chapter and which govern such functions, and
which are in effect on July 1, 2005, shall remain in full force and effect until revoked or modified in accordance with law
by the Office. All contracts and obligations of any agency made or undertaken in the performance of a function transferred
to the Office by this chapter and being in force on July 1, 2005, shall, notwithstanding this chapter, remain in full force
and effect and be performed by the Office.
(b) Employees of any agency whose functions are consistent with and have been transferred to the Office of Management and
Budget by this chapter shall continue and be deemed to be the employees of the said Office on July 1, 2005, and, where applicable,
with all the benefits accrued as merit employees as of July 1, 2005.
(c) All definitions and references to any commission, board, department, council or agency which appear in any other act or
law shall, to the extent that they are consistent with this chapter and in connection with a function transferred to the Office
of Management and Budget, be construed as referring and relating to the Office of Management and Budget as created and established
by this chapter.
(d) All definitions and references to any director, commissioner, executive secretary, commission, board or council member
or other similar person which appear in any other act or law shall, to the extent that they are consistent with this chapter
and in connection with a function transferred by this chapter to the Office of Management and Budget, be construed as referring
or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
75 Del. Laws, c. 88, § 4.;
§ 6315A. Misnomer in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Office of Management and Budget or any predecessor
agency thereof if it sufficiently appears by the will, conveyance or other writing that the party making the same intended
to pass and convey thereby to the Office or to any commission, board, department, authority, council or agency, to which,
by this chapter, the powers, duties and functions have been transferred to the Office, the estate or interest therein expressed
or described.
75 Del. Laws, c. 88, § 4.;
§ 6316A. Supremacy.
All other laws or parts of laws now in effect inconsistent with this chapter are repealed, superseded, modified or amended
so far as necessary to conform to and give full force and effect to this chapter.
Budget, Fiscal, Procurement and Contracting Regulations
CHAPTER 63A. OFFICE OF MANAGEMENT AND BUDGET
§ 6301A. Establishment of Office of Management and Budget.
An Office of Management and Budget, referred to in this chapter as "Office," is hereby established.
75 Del. Laws, c. 88, § 4.;
§ 6302A. Director; appointment; salary; bond; employees and assistants.
(a) There shall be a Director of the Office of Management and Budget, hereinafter referred to in this chapter as "Director,"
to be appointed by and to serve at the pleasure of the Governor, with the advice and consent of the Senate. The Director shall
be paid a salary established by the Governor within the limitation of the funds appropriated therefore.
(b) The Director may employ such employees as may be required to carry out the duties of this office and may fix the salaries
of such employees within the limitations of the funds appropriated therefore.
(c) In the event of a vacancy in the position of Director, including the death, resignation, temporary incapacity or removal
of the incumbent and prior to the appointment of a successor, the Governor may appoint any qualified individual to serve as
Acting Director.
(d) The Director may call upon any other state officer for such assistance as the Director may require and may employ such
special help as it may require to carry out this chapter. The Director shall fix the compensation of such persons as may be
employed to be paid out of such fund as the General Assembly may appropriate for that purpose.
75 Del. Laws, c. 88, § 4.;
§ 6303A. General powers and duties.
The Director of the Office of Management and Budget shall have the following powers, duties and functions:
(1) To audit, inspect and examine the accounts and the affairs of and the records of any agency of this State at such times
as deemed expedient for the supervision of the budget and shall require all agencies to submit estimates showing the amounts
and purposes of all anticipated expenditures to be made at the time or period in which such expenditures are to be made by
an agency; such estimates of anticipated expenditures to be submitted in such form as the Director may prescribe;
(2) To require such fiscal reports, statements of balances on hand, estimates of receipts and information in any manner pertinent
to the fiscal affairs of this State from the Secretary of Finance, Auditor of Accounts or any other agency of the State in
such form as the Director shall prescribe for the purposes of this chapter;
(3) To design and install in any agency of this State such accounting records and procedures as shall be adequate for the
control of the fiscal affairs of this State and require any agency of this State to follow and comply with the accounting
procedures so designed;
(4) To report to the General Assembly and the Attorney General in writing any irregular, illegal or improper financial administration
or transaction;
(5) To make recommendations to the General Assembly concerning the control of all state property and of accounts receivable
and concerning a system of recording and accounting for the improvement and control of the fiscal practices and the adoption
of a fiscal policy by the State;
(6) To consider and approve or disapprove transfers between appropriations contained in the budget as defined in this chapter
and for which purpose it is provided that such transfers shall become effective only upon approval of the Director;
(7) To authorize, with the concurrence of the Controller General, special funds that are deemed necessary while the General
Assembly is not in session, and until such time as legislation may be introduced at the next session of the General Assembly
and acted upon;
(8) To prepare and administer the State's program of public works and major capital improvement projects;
(9) To prepare, and from time to time revise, an inventory listing the State's real property and facilities of all kinds;
(10) To supervise, direct and account for the administration and operation of the Office, its divisions, subdivisions, offices,
functions and employees;
(11) To appoint and fix the salary of, with the written approval of the Governor, the following administrators, who may be
removed from office by the Director with the written approval of the Governor and who shall have such powers, duties and functions
in the administration and operation of the Office as may be assigned by the Director:
a. A Management Services Administrator who shall be qualified by training and experience to perform the duties of the office.
b. A Facilities Management Administrator who shall be qualified by training and experience to perform the duties of the office.
c. A Government Support Services Administrator who shall be qualified by training and experience to perform the duties of
the office.
d. A Human Resource Management Administrator who shall be qualified by training and experience to perform the duties of the
office.
e. A Benefits and Insurance Administrator who shall be qualified by training and experience to perform the duties of the office.
f. An Administrator of Budget Development, Planning and Administration who shall be qualified by training and experience to
perform the duties of the office.
(12) To appoint such additional personnel as may be necessary for the administration and operation of the Office within such
limitations as may be imposed by law;
(13) To establish, consolidate or abolish such divisions, subdivisions and offices within the Office or transfer or combine
the powers, duties and functions of the divisions and other groups within the Office, with the written approval of the Governor,
as may deem necessary, provided that all powers, duties and functions required by law shall be provided for and maintained;
(14) To make and enter into any and all contracts, agreements or stipulations, to retain, employ and contract for the services
of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical
and other services and facilities, whenever they shall be deemed by the Director necessary or desirable in the performance
of the functions of the Office and whenever funds shall be available for such purpose, with the specific requirement that
all necessary legal services be provided pursuant to Chapter 25 of this title;
(15) To delegate any of the Director's powers, duties or functions to an individual in paragraph (11) of this section, except
the power to remove employees of the Department or to fix their compensation;
(16) To establish and to promulgate such rules and regulations governing the administration and operation of the Office as
may be deemed necessary by the Director and which are not inconsistent with the laws of this State;
(17) To maintain such facilities throughout the State as may be required for the effective and efficient operation of the
Office;
(18) To adopt an official seal or seals for the Office;
(19) To accept and to receive, in furtherance of the Office's function, funds, grants and services from the federal government
or its agencies;
(20) To assume such other powers, duties and functions as the Governor may assign which are not otherwise inconsistent with
the laws of this State;
(21) To prepare, in cooperation with the division directors, a proposed budget for the operation of the Office, to be submitted
for the consideration of the Governor and the General Assembly. The Office shall be operated within the limitation of the
annual appropriation and any other funds appropriated by the General Assembly, with the provision that special funds may be
used in accordance with approved programs, grants and appropriations;
(22) To administer and manage a statewide human resource information system, and upon implementation, serve as the administrator
of all data and processes supported by the system throughout the State, including all government agencies, school districts,
Delaware State University and Delaware Technical and Community College; and
(23) To be responsible for the clerical administration of all state pension funds. The Director of the Office of Management
and Budget shall have the authority to recommend to the Governor such changes as may be desirable in the pension system for
employees in the classified service.
75 Del. Laws, c. 88, § 4.;
§ 6304A. Limitation on power to investigate.
The Director shall not investigate or require reports from the judiciary or from the courts of this State, from any private
hospital, from the General Assembly, from any local or special school district respecting locally raised (non-state) revenues,
from any fire company, or concerning the burial of indigent veterans, or from Kent and Sussex Fair Association, from the Libraries
of Municipalities, from the Delaware Historical Society, from the American Legion, from the United Spanish War Veterans, from
the Veterans of Foreign Wars, from Disabled American Veterans, from Paralyzed Veterans of America, from Vietnam Veterans of
America or from other similar institutions not directly under the jurisdiction of the administrative or executive authority
of this State.
75 Del. Laws, c. 88, § 4.;
§ 6305A. Exemptions.
The following positions set forth in this section shall be exempt from Chapter 59 of this title:
(1) Director of the Office of Management and Budget;
(2) Management Services Administrator;
(3) Facilities Management Administrator;
(4) Government Support Services Administrator;
(5) Human Resource Management Administrator;
(6) Benefits and Insurance Administrator; and
(7) Administrator of Budget Development, Planning and Administration
75 Del. Laws, c. 88, § 4.;
§ 6306A. Management Services.
(a) The Management Services Section of the Office of Management and Budget is hereby established, having the powers, duties
and functions as follows:
(1) Administer and coordinate the recordkeeping, fiscal affairs, information technology, statistics, accounting, budgeting,
personnel and other general services for the Office, as the Director of the Office of Management and Budget may deem necessary,
for the proper, efficient and economical operation of the Office;
(2) Co-ordinate such general services and business administration with departments, agencies and offices of this State, other
states and the federal government; and
(3) Perform special studies and reports and direct services of the Office to coordinate the services of the Office with other
departments, agencies and offices of this State.
(b) The Management 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.;
§ 6307A. Facilities Management.
(a) The Facilities Management Section of the Office of Management and Budget is hereby established having powers, duties and
functions as follows:
(1) Advise the Director of the Office of Management and Budget on the allocation of existing space in facilities owned or
leased by the State among state agencies, boards and commissions;
(2) Advise the Director of the Office of Management and Budget on any need to acquire additional facilities for any state
agency, board or commission;
(3) Provide facility maintenance programs, including but not limited to building maintenance, grounds maintenance, security
and custodial services.
(b) The Facilities Management Section shall review all building design, construction, and operations for state agencies, including
school districts. The purpose of this review shall be to:
(1) Establish and apply evaluation factors and performance specifications for structural and mechanical functions;
(2) Research and analyze design and construction factors as they relate to economical construction and reliability and maintenance
performance;
(3) Advise, recommend and refer to the Governor matters dealing with state building design and construction practice;
(4) Review bidding procedures and study and make recommendations dealing with bid laws;
(5) Make such studies and provide such information as shall cause the selection of the best cost/performance components that
will satisfy a particular function; and
(6) Review and make recommendations regarding the operation, maintenance and efficiency of the physical plant of state facilities.
(c) The Facilities Management Section shall be responsible for the performance of all the powers, duties and functions vested
in the Office of Management and Budget pursuant to Chapter 4 of this title.
(d) The Facilities Management Section shall be responsible for the design, construction and/or renovation of all public buildings
for state departments and agencies. In performance of these duties, the Office of Management and Budget shall, in the following
areas, consult with the agency for which the project is being or will be completed: pre-design services, architectural plans
and preliminary cost estimates, selection and negotiation of professional services, approval of minor capital improvement
projects to be bid upon and awarded, approval of final architectural and engineering drawings for major capital projects and
approval of change orders greater than or equal to 2 percent of a project cost. For the purpose of this subsection, state
departments and agencies shall not include school districts and institutions of higher learning.
(e) The Facilities Management Section shall:
(1) Be the only state agency authorized to rent parking space in the underground facilities located at the Carvel State Building;
(2) At the discretion of the Administrator, approve all proposed contracts for architectural, engineering and construction
management services and all architectural, structural and electrical plans, specifications and cost estimates for public building
projects to be undertaken by all state departments and agencies. All projects planned, designed, maintained and/or constructed
by the Department of Transportation, with the exception of projects for the construction of public buildings, are specifically
exempted from the requirements of this subsection;
(3) Negotiate, review and approve all leases and lease renewals on behalf of all state departments and agencies for facilities
throughout the State;
(4) Establish statewide policies and standards for all leases including: space allocation, energy efficiency, maintenance,
security and custodial services;
(5) Develop an inventory of all state leases and space available in all state facilities; and
(6) Develop a long-term plan to coordinate the State's leasing practices with a comprehensive plan of facilities management
and space allocation.
(f) The Facilities Management 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.
(g) For purposes of this section, the terms "state agency" or "state departments or agencies" shall not include institutions
of higher education unless otherwise expressly provided.
75 Del. Laws, c. 88, § 4; 77 Del. Laws, c. 84, § 323.;
§ 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 81/2 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 81/2 inches by 11 inches.
(e) The Government Support Services Section shall not contract for vertical file cabinets designed to hold completed documents
larger than 81/2 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 81/2 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.;
§ 6309A. Human Resources Management.
(a) The Human Resources Management Section of the Office of Management and Budget is hereby established having powers, duties
and functions relating to human resources as follows:
(1) In addition to the duties imposed upon the Human Resources Management Administrator elsewhere in this Code and consistent
with the right of public employees to organize under Chapter 13 of Title 19, it shall be the Administrator's duty to:
a. Attend all meetings of the Merit Employee Relations Board and act as liaison between the Board and the Office of Management
and Budget, and to cooperate with the staff of the Board in administrative and technical activities;
b. Establish and maintain a roster of all employees in the classified service as defined in § 5903 of this title, setting
forth pertinent data as to each employee, including the class title of the position held, salary or pay, and any change in
class title, pay or status;
c. Designate an employee to act as the staff development officer for the Office of Management and Budget, funded through appropriated
special funds. This individual will support statewide training programs for state managers, supervisors and employees. Statewide
training programs will be supported with funds generated from the assessment of charges for courses on agencies participating
in certain classes held by the Office of Management and Budget. The Office of Management and Budget may set charges for courses
to sustain or create training programs with the funds placed in an appropriated special fund account;
d. Encourage the development of more effective personnel administration within the departments and agencies in the state service
and to make available for this purpose the assistance and facilities of the Merit Employee Relations Board;
e. Investigate from time to time the operation and effect of Chapter 59 of this title, and of the rules made thereunder and
to report findings and recommendations to the Merit Employee Relations Board; and
f. Perform any other lawful acts necessary or desirable to carry out the provisions of Chapter 59 of this title and the rules
adopted thereunder.
(b) The Human Resources Management 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.;
§ 6310A. Benefits and Insurance Administration.
(a) The Benefits and Insurance Administration Section of the Office of Management and Budget is hereby established having
powers, duties and functions as follows:
(1) With the exception of deferred compensation pursuant to Chapter 60A of this title and any other investment or retirement
savings plan, the Administrator shall be responsible for the management and administration of all currently existing and future
state employee benefits programs, including but not limited to group health, group life, flexible benefits, dental, vision,
prescription, long-term care, disability and the Blood Bank.
(2) The Director of the Office of Management and Budget shall have such powers and duties with regard to the State Insurance
Coverage Office as may be provided in the annual operating act.
(b) The Benefits and Insurance 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.;
§ 6311A. Budget Development, Planning and Administration.
(a) The Budget Development, Planning and Administration Section of the Office of Management and Budget is hereby established,
having the powers, duties and functions as follows:
(1) Oversees the preparation, presentation and implementation of the state's operating and capital budgets;
(2) Directs the adaptation and implementation of effective fiscal and management policies and procedures;
(3) Manages the analysis of federal budgetary and financial issues including the administrative functions of the Delaware
State Clearinghouse Committee; and
(4) Provides management direction to the Office of State Planning Coordination on planning policy direction and the analysis
of potential impacts.
(b) The Administrator of the Budget Development, Planning and Administration Section 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.;
§ 6312A. Functions prior to July 1, 2005.
The Office of Management and Budget, through appropriate divisions, subdivisions and offices, shall have the power to perform
and shall be responsible for the performance of all the powers, duties and functions vested in the Division of Facilities
Management, Division of Support Services, Division of Graphics and Printing, and the State Architect within the former Department
of Administrative Services immediately prior to July 1, 2005, and which are not otherwise specifically assigned to the Office
of Management and Budget by this chapter, excepting only those powers, duties and functions expressly vested in or retained
by any such person, department, board, commission or agency.
75 Del. Laws, c. 88, § 4.;
§ 6313A. Appeals.
Any and all rights of appeal now existing by law, with respect to any act or acts constituting the exercise of any function
or functions transferred by this chapter to the Office of Management and Budget or to any division or subdivision thereof,
shall continue to exist with respect to such act or acts as hereafter performed by the Office of Management and Budget or
by the division, subdivision or office to which such function is transferred, and each such appeal shall be perfected in the
manner heretofore provided by law.
75 Del. Laws, c. 88, § 4.;
§ 6314A. Transfers and continuity.
(a) All books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment in the
possession of any agency of the State and used in connection with a function transferred by this chapter to the Office of
Management and Budget shall, on July 1, 2005, be delivered into the custody of the said Office. All investigations, petitions,
hearings and legal proceedings pending before or instituted by any agency from which functions are transferred by this chapter
and not concluded prior to July 1, 2005, shall continue unabated and remain in full force and effect, notwithstanding the
passage of this chapter and, where necessary, may be completed before, by or in the name of the Office. All orders, rules
and regulations made by any agency from which functions are transferred by this chapter and which govern such functions, and
which are in effect on July 1, 2005, shall remain in full force and effect until revoked or modified in accordance with law
by the Office. All contracts and obligations of any agency made or undertaken in the performance of a function transferred
to the Office by this chapter and being in force on July 1, 2005, shall, notwithstanding this chapter, remain in full force
and effect and be performed by the Office.
(b) Employees of any agency whose functions are consistent with and have been transferred to the Office of Management and
Budget by this chapter shall continue and be deemed to be the employees of the said Office on July 1, 2005, and, where applicable,
with all the benefits accrued as merit employees as of July 1, 2005.
(c) All definitions and references to any commission, board, department, council or agency which appear in any other act or
law shall, to the extent that they are consistent with this chapter and in connection with a function transferred to the Office
of Management and Budget, be construed as referring and relating to the Office of Management and Budget as created and established
by this chapter.
(d) All definitions and references to any director, commissioner, executive secretary, commission, board or council member
or other similar person which appear in any other act or law shall, to the extent that they are consistent with this chapter
and in connection with a function transferred by this chapter to the Office of Management and Budget, be construed as referring
or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
75 Del. Laws, c. 88, § 4.;
§ 6315A. Misnomer in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Office of Management and Budget or any predecessor
agency thereof if it sufficiently appears by the will, conveyance or other writing that the party making the same intended
to pass and convey thereby to the Office or to any commission, board, department, authority, council or agency, to which,
by this chapter, the powers, duties and functions have been transferred to the Office, the estate or interest therein expressed
or described.
75 Del. Laws, c. 88, § 4.;
§ 6316A. Supremacy.
All other laws or parts of laws now in effect inconsistent with this chapter are repealed, superseded, modified or amended
so far as necessary to conform to and give full force and effect to this chapter.
Budget, Fiscal, Procurement and Contracting Regulations
CHAPTER 63A. OFFICE OF MANAGEMENT AND BUDGET
§ 6301A. Establishment of Office of Management and Budget.
An Office of Management and Budget, referred to in this chapter as "Office," is hereby established.
75 Del. Laws, c. 88, § 4.;
§ 6302A. Director; appointment; salary; bond; employees and assistants.
(a) There shall be a Director of the Office of Management and Budget, hereinafter referred to in this chapter as "Director,"
to be appointed by and to serve at the pleasure of the Governor, with the advice and consent of the Senate. The Director shall
be paid a salary established by the Governor within the limitation of the funds appropriated therefore.
(b) The Director may employ such employees as may be required to carry out the duties of this office and may fix the salaries
of such employees within the limitations of the funds appropriated therefore.
(c) In the event of a vacancy in the position of Director, including the death, resignation, temporary incapacity or removal
of the incumbent and prior to the appointment of a successor, the Governor may appoint any qualified individual to serve as
Acting Director.
(d) The Director may call upon any other state officer for such assistance as the Director may require and may employ such
special help as it may require to carry out this chapter. The Director shall fix the compensation of such persons as may be
employed to be paid out of such fund as the General Assembly may appropriate for that purpose.
75 Del. Laws, c. 88, § 4.;
§ 6303A. General powers and duties.
The Director of the Office of Management and Budget shall have the following powers, duties and functions:
(1) To audit, inspect and examine the accounts and the affairs of and the records of any agency of this State at such times
as deemed expedient for the supervision of the budget and shall require all agencies to submit estimates showing the amounts
and purposes of all anticipated expenditures to be made at the time or period in which such expenditures are to be made by
an agency; such estimates of anticipated expenditures to be submitted in such form as the Director may prescribe;
(2) To require such fiscal reports, statements of balances on hand, estimates of receipts and information in any manner pertinent
to the fiscal affairs of this State from the Secretary of Finance, Auditor of Accounts or any other agency of the State in
such form as the Director shall prescribe for the purposes of this chapter;
(3) To design and install in any agency of this State such accounting records and procedures as shall be adequate for the
control of the fiscal affairs of this State and require any agency of this State to follow and comply with the accounting
procedures so designed;
(4) To report to the General Assembly and the Attorney General in writing any irregular, illegal or improper financial administration
or transaction;
(5) To make recommendations to the General Assembly concerning the control of all state property and of accounts receivable
and concerning a system of recording and accounting for the improvement and control of the fiscal practices and the adoption
of a fiscal policy by the State;
(6) To consider and approve or disapprove transfers between appropriations contained in the budget as defined in this chapter
and for which purpose it is provided that such transfers shall become effective only upon approval of the Director;
(7) To authorize, with the concurrence of the Controller General, special funds that are deemed necessary while the General
Assembly is not in session, and until such time as legislation may be introduced at the next session of the General Assembly
and acted upon;
(8) To prepare and administer the State's program of public works and major capital improvement projects;
(9) To prepare, and from time to time revise, an inventory listing the State's real property and facilities of all kinds;
(10) To supervise, direct and account for the administration and operation of the Office, its divisions, subdivisions, offices,
functions and employees;
(11) To appoint and fix the salary of, with the written approval of the Governor, the following administrators, who may be
removed from office by the Director with the written approval of the Governor and who shall have such powers, duties and functions
in the administration and operation of the Office as may be assigned by the Director:
a. A Management Services Administrator who shall be qualified by training and experience to perform the duties of the office.
b. A Facilities Management Administrator who shall be qualified by training and experience to perform the duties of the office.
c. A Government Support Services Administrator who shall be qualified by training and experience to perform the duties of
the office.
d. A Human Resource Management Administrator who shall be qualified by training and experience to perform the duties of the
office.
e. A Benefits and Insurance Administrator who shall be qualified by training and experience to perform the duties of the office.
f. An Administrator of Budget Development, Planning and Administration who shall be qualified by training and experience to
perform the duties of the office.
(12) To appoint such additional personnel as may be necessary for the administration and operation of the Office within such
limitations as may be imposed by law;
(13) To establish, consolidate or abolish such divisions, subdivisions and offices within the Office or transfer or combine
the powers, duties and functions of the divisions and other groups within the Office, with the written approval of the Governor,
as may deem necessary, provided that all powers, duties and functions required by law shall be provided for and maintained;
(14) To make and enter into any and all contracts, agreements or stipulations, to retain, employ and contract for the services
of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical
and other services and facilities, whenever they shall be deemed by the Director necessary or desirable in the performance
of the functions of the Office and whenever funds shall be available for such purpose, with the specific requirement that
all necessary legal services be provided pursuant to Chapter 25 of this title;
(15) To delegate any of the Director's powers, duties or functions to an individual in paragraph (11) of this section, except
the power to remove employees of the Department or to fix their compensation;
(16) To establish and to promulgate such rules and regulations governing the administration and operation of the Office as
may be deemed necessary by the Director and which are not inconsistent with the laws of this State;
(17) To maintain such facilities throughout the State as may be required for the effective and efficient operation of the
Office;
(18) To adopt an official seal or seals for the Office;
(19) To accept and to receive, in furtherance of the Office's function, funds, grants and services from the federal government
or its agencies;
(20) To assume such other powers, duties and functions as the Governor may assign which are not otherwise inconsistent with
the laws of this State;
(21) To prepare, in cooperation with the division directors, a proposed budget for the operation of the Office, to be submitted
for the consideration of the Governor and the General Assembly. The Office shall be operated within the limitation of the
annual appropriation and any other funds appropriated by the General Assembly, with the provision that special funds may be
used in accordance with approved programs, grants and appropriations;
(22) To administer and manage a statewide human resource information system, and upon implementation, serve as the administrator
of all data and processes supported by the system throughout the State, including all government agencies, school districts,
Delaware State University and Delaware Technical and Community College; and
(23) To be responsible for the clerical administration of all state pension funds. The Director of the Office of Management
and Budget shall have the authority to recommend to the Governor such changes as may be desirable in the pension system for
employees in the classified service.
75 Del. Laws, c. 88, § 4.;
§ 6304A. Limitation on power to investigate.
The Director shall not investigate or require reports from the judiciary or from the courts of this State, from any private
hospital, from the General Assembly, from any local or special school district respecting locally raised (non-state) revenues,
from any fire company, or concerning the burial of indigent veterans, or from Kent and Sussex Fair Association, from the Libraries
of Municipalities, from the Delaware Historical Society, from the American Legion, from the United Spanish War Veterans, from
the Veterans of Foreign Wars, from Disabled American Veterans, from Paralyzed Veterans of America, from Vietnam Veterans of
America or from other similar institutions not directly under the jurisdiction of the administrative or executive authority
of this State.
75 Del. Laws, c. 88, § 4.;
§ 6305A. Exemptions.
The following positions set forth in this section shall be exempt from Chapter 59 of this title:
(1) Director of the Office of Management and Budget;
(2) Management Services Administrator;
(3) Facilities Management Administrator;
(4) Government Support Services Administrator;
(5) Human Resource Management Administrator;
(6) Benefits and Insurance Administrator; and
(7) Administrator of Budget Development, Planning and Administration
75 Del. Laws, c. 88, § 4.;
§ 6306A. Management Services.
(a) The Management Services Section of the Office of Management and Budget is hereby established, having the powers, duties
and functions as follows:
(1) Administer and coordinate the recordkeeping, fiscal affairs, information technology, statistics, accounting, budgeting,
personnel and other general services for the Office, as the Director of the Office of Management and Budget may deem necessary,
for the proper, efficient and economical operation of the Office;
(2) Co-ordinate such general services and business administration with departments, agencies and offices of this State, other
states and the federal government; and
(3) Perform special studies and reports and direct services of the Office to coordinate the services of the Office with other
departments, agencies and offices of this State.
(b) The Management 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.;
§ 6307A. Facilities Management.
(a) The Facilities Management Section of the Office of Management and Budget is hereby established having powers, duties and
functions as follows:
(1) Advise the Director of the Office of Management and Budget on the allocation of existing space in facilities owned or
leased by the State among state agencies, boards and commissions;
(2) Advise the Director of the Office of Management and Budget on any need to acquire additional facilities for any state
agency, board or commission;
(3) Provide facility maintenance programs, including but not limited to building maintenance, grounds maintenance, security
and custodial services.
(b) The Facilities Management Section shall review all building design, construction, and operations for state agencies, including
school districts. The purpose of this review shall be to:
(1) Establish and apply evaluation factors and performance specifications for structural and mechanical functions;
(2) Research and analyze design and construction factors as they relate to economical construction and reliability and maintenance
performance;
(3) Advise, recommend and refer to the Governor matters dealing with state building design and construction practice;
(4) Review bidding procedures and study and make recommendations dealing with bid laws;
(5) Make such studies and provide such information as shall cause the selection of the best cost/performance components that
will satisfy a particular function; and
(6) Review and make recommendations regarding the operation, maintenance and efficiency of the physical plant of state facilities.
(c) The Facilities Management Section shall be responsible for the performance of all the powers, duties and functions vested
in the Office of Management and Budget pursuant to Chapter 4 of this title.
(d) The Facilities Management Section shall be responsible for the design, construction and/or renovation of all public buildings
for state departments and agencies. In performance of these duties, the Office of Management and Budget shall, in the following
areas, consult with the agency for which the project is being or will be completed: pre-design services, architectural plans
and preliminary cost estimates, selection and negotiation of professional services, approval of minor capital improvement
projects to be bid upon and awarded, approval of final architectural and engineering drawings for major capital projects and
approval of change orders greater than or equal to 2 percent of a project cost. For the purpose of this subsection, state
departments and agencies shall not include school districts and institutions of higher learning.
(e) The Facilities Management Section shall:
(1) Be the only state agency authorized to rent parking space in the underground facilities located at the Carvel State Building;
(2) At the discretion of the Administrator, approve all proposed contracts for architectural, engineering and construction
management services and all architectural, structural and electrical plans, specifications and cost estimates for public building
projects to be undertaken by all state departments and agencies. All projects planned, designed, maintained and/or constructed
by the Department of Transportation, with the exception of projects for the construction of public buildings, are specifically
exempted from the requirements of this subsection;
(3) Negotiate, review and approve all leases and lease renewals on behalf of all state departments and agencies for facilities
throughout the State;
(4) Establish statewide policies and standards for all leases including: space allocation, energy efficiency, maintenance,
security and custodial services;
(5) Develop an inventory of all state leases and space available in all state facilities; and
(6) Develop a long-term plan to coordinate the State's leasing practices with a comprehensive plan of facilities management
and space allocation.
(f) The Facilities Management 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.
(g) For purposes of this section, the terms "state agency" or "state departments or agencies" shall not include institutions
of higher education unless otherwise expressly provided.
75 Del. Laws, c. 88, § 4; 77 Del. Laws, c. 84, § 323.;
§ 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 81/2 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 81/2 inches by 11 inches.
(e) The Government Support Services Section shall not contract for vertical file cabinets designed to hold completed documents
larger than 81/2 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 81/2 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.;
§ 6309A. Human Resources Management.
(a) The Human Resources Management Section of the Office of Management and Budget is hereby established having powers, duties
and functions relating to human resources as follows:
(1) In addition to the duties imposed upon the Human Resources Management Administrator elsewhere in this Code and consistent
with the right of public employees to organize under Chapter 13 of Title 19, it shall be the Administrator's duty to:
a. Attend all meetings of the Merit Employee Relations Board and act as liaison between the Board and the Office of Management
and Budget, and to cooperate with the staff of the Board in administrative and technical activities;
b. Establish and maintain a roster of all employees in the classified service as defined in § 5903 of this title, setting
forth pertinent data as to each employee, including the class title of the position held, salary or pay, and any change in
class title, pay or status;
c. Designate an employee to act as the staff development officer for the Office of Management and Budget, funded through appropriated
special funds. This individual will support statewide training programs for state managers, supervisors and employees. Statewide
training programs will be supported with funds generated from the assessment of charges for courses on agencies participating
in certain classes held by the Office of Management and Budget. The Office of Management and Budget may set charges for courses
to sustain or create training programs with the funds placed in an appropriated special fund account;
d. Encourage the development of more effective personnel administration within the departments and agencies in the state service
and to make available for this purpose the assistance and facilities of the Merit Employee Relations Board;
e. Investigate from time to time the operation and effect of Chapter 59 of this title, and of the rules made thereunder and
to report findings and recommendations to the Merit Employee Relations Board; and
f. Perform any other lawful acts necessary or desirable to carry out the provisions of Chapter 59 of this title and the rules
adopted thereunder.
(b) The Human Resources Management 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.;
§ 6310A. Benefits and Insurance Administration.
(a) The Benefits and Insurance Administration Section of the Office of Management and Budget is hereby established having
powers, duties and functions as follows:
(1) With the exception of deferred compensation pursuant to Chapter 60A of this title and any other investment or retirement
savings plan, the Administrator shall be responsible for the management and administration of all currently existing and future
state employee benefits programs, including but not limited to group health, group life, flexible benefits, dental, vision,
prescription, long-term care, disability and the Blood Bank.
(2) The Director of the Office of Management and Budget shall have such powers and duties with regard to the State Insurance
Coverage Office as may be provided in the annual operating act.
(b) The Benefits and Insurance 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.;
§ 6311A. Budget Development, Planning and Administration.
(a) The Budget Development, Planning and Administration Section of the Office of Management and Budget is hereby established,
having the powers, duties and functions as follows:
(1) Oversees the preparation, presentation and implementation of the state's operating and capital budgets;
(2) Directs the adaptation and implementation of effective fiscal and management policies and procedures;
(3) Manages the analysis of federal budgetary and financial issues including the administrative functions of the Delaware
State Clearinghouse Committee; and
(4) Provides management direction to the Office of State Planning Coordination on planning policy direction and the analysis
of potential impacts.
(b) The Administrator of the Budget Development, Planning and Administration Section 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.;
§ 6312A. Functions prior to July 1, 2005.
The Office of Management and Budget, through appropriate divisions, subdivisions and offices, shall have the power to perform
and shall be responsible for the performance of all the powers, duties and functions vested in the Division of Facilities
Management, Division of Support Services, Division of Graphics and Printing, and the State Architect within the former Department
of Administrative Services immediately prior to July 1, 2005, and which are not otherwise specifically assigned to the Office
of Management and Budget by this chapter, excepting only those powers, duties and functions expressly vested in or retained
by any such person, department, board, commission or agency.
75 Del. Laws, c. 88, § 4.;
§ 6313A. Appeals.
Any and all rights of appeal now existing by law, with respect to any act or acts constituting the exercise of any function
or functions transferred by this chapter to the Office of Management and Budget or to any division or subdivision thereof,
shall continue to exist with respect to such act or acts as hereafter performed by the Office of Management and Budget or
by the division, subdivision or office to which such function is transferred, and each such appeal shall be perfected in the
manner heretofore provided by law.
75 Del. Laws, c. 88, § 4.;
§ 6314A. Transfers and continuity.
(a) All books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment in the
possession of any agency of the State and used in connection with a function transferred by this chapter to the Office of
Management and Budget shall, on July 1, 2005, be delivered into the custody of the said Office. All investigations, petitions,
hearings and legal proceedings pending before or instituted by any agency from which functions are transferred by this chapter
and not concluded prior to July 1, 2005, shall continue unabated and remain in full force and effect, notwithstanding the
passage of this chapter and, where necessary, may be completed before, by or in the name of the Office. All orders, rules
and regulations made by any agency from which functions are transferred by this chapter and which govern such functions, and
which are in effect on July 1, 2005, shall remain in full force and effect until revoked or modified in accordance with law
by the Office. All contracts and obligations of any agency made or undertaken in the performance of a function transferred
to the Office by this chapter and being in force on July 1, 2005, shall, notwithstanding this chapter, remain in full force
and effect and be performed by the Office.
(b) Employees of any agency whose functions are consistent with and have been transferred to the Office of Management and
Budget by this chapter shall continue and be deemed to be the employees of the said Office on July 1, 2005, and, where applicable,
with all the benefits accrued as merit employees as of July 1, 2005.
(c) All definitions and references to any commission, board, department, council or agency which appear in any other act or
law shall, to the extent that they are consistent with this chapter and in connection with a function transferred to the Office
of Management and Budget, be construed as referring and relating to the Office of Management and Budget as created and established
by this chapter.
(d) All definitions and references to any director, commissioner, executive secretary, commission, board or council member
or other similar person which appear in any other act or law shall, to the extent that they are consistent with this chapter
and in connection with a function transferred by this chapter to the Office of Management and Budget, be construed as referring
or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
75 Del. Laws, c. 88, § 4.;
§ 6315A. Misnomer in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Office of Management and Budget or any predecessor
agency thereof if it sufficiently appears by the will, conveyance or other writing that the party making the same intended
to pass and convey thereby to the Office or to any commission, board, department, authority, council or agency, to which,
by this chapter, the powers, duties and functions have been transferred to the Office, the estate or interest therein expressed
or described.
75 Del. Laws, c. 88, § 4.;
§ 6316A. Supremacy.
All other laws or parts of laws now in effect inconsistent with this chapter are repealed, superseded, modified or amended
so far as necessary to conform to and give full force and effect to this chapter.