August 14, 1985

COMPTROLLER'S MEMORANDUM NO. 04 (1985-86)

SUBJECT: CHAPTER 85-194, LAWS OF FLORIDA

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Chapter 85-194, Laws of Florida, effective June 18, 1985, amended Section 946.15, Florida Statutes, to provide in part, that any service or item manufactured, processed, grown, or produced by the private nonprofit corporation which manages correctional work programs, which corporation is currently Prison Rehabilitative Industries and Diversified Enterprises, Inc., may be furnished or sold to any contract vendor for any state agency or to any subcontractor of the contract vendor. The law further provides that any contracts between any legislative, executive, or judicial agency of the state and any private contract vendor shall contain the following language:

It is expressly understood and agreed that any articles which are the subject of, or required to carry out this contract shall be purchased from the corporation identified under Chapter 946, F. S. in the same manner and under the procedures set forth in Section 946.15(2), (4), F. S.; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation.

This change in the law was communicated by the Division of Purchasing in its Memorandum No. 2 (85-86). However, contracts continue to be executed which do not contain this required provision. Our office intends to monitor compliance with the mandated provision in agency contracts on a sample basis.

Any questions regarding this matter should be directed to the Bureau of Auditing at 410-9194, Suncom 210-9194.