[Footnote 1] 287.056 Agency purchases from
agreements and contracts executed by the division and from local purchasing
sources; Auditor General review. ---
(1) Agencies shall purchase commodities and contractual services
from the purchasing agreements and contracts negotiated and executed by the
division, as authorized in s. 287.042(2), when the cost of such purchase
exceeds the threshold amount provided in s. 287.017 for CATEGORY
TWO.
(2)
(a) For purchases that do not exceed the threshold amount provided in
s. 287.017 for CATEGORY TWO, agencies may purchase a commodity or contractual
service from a local purchasing source if the cost of such commodity or
contractual service is less than that provided by the agreements and contracts
negotiated and executed by the division. In calculating the cost of a
commodity or contractual service to be purchased from a local purchasing
source, the agency shall include all delivery costs and any administrative
costs associated with negotiating, preparing, and executing the contract for
such commodity or contractual service.
(b) Before purchasing a commodity or contractual service from a local
purchasing source, the agency shall consider whether the specifications,
terms, and conditions for such commodity or contractual service meet or exceed
the specifications, terms, and conditions negotiated and executed by the
division.
(3)
(a) For each purchase of a commodity or contractual service by an
agency from a local purchasing source when such commodity or contractual
service was available through the agreements and contracts negotiated and
executed by the division, the agency shall document and justify how such
purchase provided a cost savings to the state.
(b) Such documentation and justification shall be included on or
attached to copies of purchase orders filed in the agency fiscal office and
filed with the State Comptroller in support of a payment request.
(c) When authorized to audit the administrative services function of
any state agency, the Auditor General shall include, as part of that review, a
sample of the documentation and justification attached to purchase orders
which are filed in the agency fiscal office as required by this subsection. If
the Auditor General finds that the savings identified by the agency have not
been adequately documented, that no actual savings were realized, or that the
agency has not complied with the provisions of this section, he or she shall
include a statement of fact in his or her audit report on the agency. The
Auditor General shall also review the provisions of s. 287.042(2) and this
section to determine the fiscal savings impact of these provisions on state
purchasing, and report his or her findings and recommendations to the
Legislature by January 1, 1994.
(4) This section expires October 1, 1997, and shall be reviewed
by the Legislature in advance of that date. As part of its oversight
function, the Legislature shall annually review the fiscal impact of this
section on the state contracting process to ensure that the provisions of this
section support the intent of this chapter to provide equitable and economical
state purchasing.
History: s. 17, ch. 92-98; s. 109, ch. 92-142; s. 213, ch. 95-148; s. 30, ch.
95-196; s. 3, ch. 95-216.
[Footnote 1] Note. Section 55, ch. 95-196, provides that
"nothing in this act shall be construed to authorize a state
agency to discontinue the collection and maintenance of information contained
in any required report repealed or modified by this act, unless the state
agency is specifically authorized to discontinue such collection and
maintenance pursuant to this act or another section of law."