Executive Order  No. 195: Vendor contracts

WHEREAS, it is in the interest of the commonwealth and the intention of public officials to promote the most efficient expenditure of public monies; and

WHEREAS, there exists a recognized need to prevent fraud and waste in the expenditure of our limited financial resources; and

WHEREAS, it is desirable to determine the propriety and accuracy of charges levied against the commonwealth by vendors providing services or materials to the commonwealth;

NOW, THEREFORE, I, Edward J. King, Governor of the Commonwealth by virtue of the authority vested in me as Supreme Executive Magistrate, do hereby order as follows:

1.  All agencies, bureaus, boards, commissions, institutions, and departments of the commonwealth shall cause to be included in every contract or agreement for the purchase of services or materials of any kind, a provision permitting the Governor or his designee, the secretary of administration and finance, and the state auditor or his designee to audit all books, records and other compilations of data of the vendor of such services or materials relative to the performance of any provision or requirement of said contract or agreement.
2. Every contract or agreement for the purchase of services or materials of any kind, entered into fourteen days after the effective date of this order, shall incorporate the auditing provision as set forth hereinafter among its terms.
3. That each secretary shall designate within the secretariat a person to serve with the function of monitoring so as to insure the inclusion of the auditing provision within each contract or agreement for the purchase of services or materials of any kind. Said designee shall supply the Governor or his designee, the secretary of administration and finance and the state auditor or his designee with a copy of any such contract upon the request of these so noted public officials.
4. All such contracts as noted herein shall employ at a minimum, the following language: "The Governor or his designee, the secretary of administration and finance, and the state auditor or his designee shall have the right at reasonable times and upon reasonable notice to examine the books, records and other compilations of data of (vendor) which pertain to the performance of the provisions and requirements of (this contract or agreement)".
5. The offices of the auditing agencies, as set forth in section four shall receive the cooperation of all state agencies, bureaus, boards, commissions, institutions and departments in performing its duties as they pertain to this directive.

Given at the Executive Chamber in Boston this 27th day of April in the year of our Lord one thousand nine hundred and eighty one and of the Independence of the United States of America two-hundred and five.

EDWARD J. KING
GOVERNOR
Commonwealth of Massachusetts

MICHAEL JOSEPH CONNOLLY
Secretary of the Commonwealth