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of Florida's Government
DEPARTMENT OF MANAGEMENT
SERVICES
JI?I3 BUSEI, GOVERNOR TOM LEWIS,JR SECRETARY
State Purchasing Memorandum
Memorandum No. 01 (2005-06)
From: State Purchasing
Date: March 20, 2006
RE: Purchases from PRIDE Enterprises
This memorandum clarifies the requirements for State Agencies to make purchases form Prison Rehabilitation and
Diversified Enterprises (PRIDE) and defines PRIDE Price Agreements.
1 PRIDE Statutory Authority
A. Agency Obligation to Purchase from PRIDE
No similar product or service of comparable price or quality found necessary for use by any state agency may be
purchased from any source other than PRIDE if PRIDE certifies that the product is manufactured by or the service is
provided by inmates (http://www.peol.com/state.htm) and the product or service meets the comparable performance
specifications and comparable price and quality requirements as specified under s. 287,042(1)(f) or as determined by an
individual agency as provided in this section. The purchasing authority of any state agency may make reasonable
determinations of need, price and quality with reference to products or services available form the corporation. These
requirements do not apply to the purchase of public printing, which is governed by Chapter 283, Florida Statutes.
Subsection 946.515(4), FS
B. Exemptions from competitive biding requirements
Subsection 946.515(4) of the Florida Statutes, exempts PRIDE from part I of Chapter 287, which includes the competitive
procurement requirement. The one exception to this provision is subsection 283.33(4) relating to print purchases (see
State Purchasing Memorandum No.2, 2004-2005).
2 PRIDE Price Agreements
A. Definition
PRIDE Price Agreements are listings of Division approved products and services offered by PRIDE from which an
agency may purchase without competitive bid. PRIDE Price Agreements are established upon verification of pricing
methodology, general specifications and quality assurance. This process is established in part to provide a method for
determining comparability of price and quality to other approved vendors.
B. Replaces State Term Contract
Due to Pride's authority to sell to agencies pursuant to CH. 946 FS and exemption from Part 1 of Ch. 287, FS, PRIDE no
longer participates in State Term Contracts. In order to purchase from PRIDE, agencies must now refer to PRIDE Price
Agreements. The Price Agreements are found on the Division of State Purchasing website, Pride's e-store and
MyFloridaMarketPlace.com.
C. Agency Contracts
Notwithstanding the above, agencies may award a contract to PRIDE for goods or services after joint development of
requirements and specifications, and negotiation of price. Such contracts may be awarded without competitive
procurement or in conjunction with any established procurement method.
For further information, contact Donna Smith donna.smith@myflorida.com
Office of the Secretary + 4050 Esplanade ]Way • Tallahassee, Florida 32399-0950 • Telephone: 850-188-2786 • Fax: 850-922-6149 • Email; Executiae_Ofce n(7dms,state fl.us
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The 2006 Florida Statutes
Title_Xl'_Y_I.I Shapter.__446.
CRIMINAL PROCEDURE AND INMATE LABOR AND CORRECTIONAL
CORRECTIONS WORK PROGRAMS
946.515 Use of goods and services produced in correctional work programs.--
Yiew_._Entire
Chapter
(1) Any service or item manufactured, processed, grown, or produced by the corporation in a
correctional work program may be furnished or sold to any legislative, executive, or judicial agency of
the state, any political subdivision, any other state, any foreign entity or agent thereof, any agency of
the Federal Government, to any contract vendor for such agencies or any subcontractor of the contract
vendor, or to any person, firm, or business entity if not prohibited by federal law.
(2) No similar product or service of comparable price and quality found necessary for use by any state
agency may be purchased from any source other than the corporation if the corporation certifies that
the product is manufactured by, or the service is provided by, inmates and the product or service meets
the comparable performance specifications and comparable price and quality requirements as specified
under s. 287.042(1)(f) or as determined by an individual agency as provided in this section. The
purchasing authority of any such state agency may make reasonable determinations of need, price, and
quality with reference to products or services available from the corporation. In the event of a dispute
between the corporation and any purchasing authority based upon price or quality under this section or
s. 287.042(1)(f), either party may request a hearing with the Department of Management Services and if
not resolved, either party may request a proceeding pursuant to ss. 120.569 and 120.57, which shall be
referred to the Division of Administrative Hearings within 60 days after such request, to resolve any
dispute under this section. No party is entitled to any appeal pursuant to s. 120.68.
(3) Agricultural commodities, including, but not limited to, sugar cane, vegetables, beef, and dairy
products, may be sold to private entities or may be sold or disposed of as provided in subsections (1) and
(2).
(4) The provisions of part I of chapter 287 do not apply to any purchases of commodities or contractual
services made by any legislative, executive, or judicial agency of the state from the corporation.
(5) In addition, the corporation may contract to provide inmate services or inmate goods to private
enterprise, where such services or goods are under the direct supervision of the corporation and,
further, where it is determined by the Governor that the corporation by the provision of such services or
goods does not unreasonably seek to compete with other businesses in this state.
(6) If, pursuant to a contract between any legislative, executive, or judicial agency of the state and any
private contract vendor, a product or service is required by the Department of Management Services or
on behalf of any state agency, is certified by or is available from the corporation identified in this
chapter, and has been approved in accordance with subsection (2), the contract must contain the
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Statutes & Constitution :View Statutes :->2006->Ch0946->Section 515 : Online Sunshine Page 2 of 2
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 SAME PROCEDURES SET FORTH IN
SECTION 9.4.6_...51..5(2), AND (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 ARE
CONCERNED.
(7) The provisions of s. 946.,51I do not apply to this section.
History.--s. 2, ch. 83-209; s. 1, ch. 85-194; s. 46, ch. 86-183; ss. 4, 14, ch. 87-286; s. 6, ch. 91-298; s.
318, ch. 92-279; s. 55, ch. 92-326; s. 38, ch. 95-283; s. 7, ch. 96-270; s. 323, ch. 96-410; s. 9, ch. 97-
227; s. 105, ch. 98-279; s. 7, ch. 99-260; s. 17, ch. 2000-155.
Note. --Former s. 946.15.
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