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Kentucky Revised Statutes

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Statutes Last Updated July 18, 2008

Includes Enactments through the 2008 Extraordinary Session
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KRS Chapter 045A00

Kentucky Model Procurement Code

  • .005   Title.

  • .010   Construction -- Purposes and policies.

  • .015   General provisions of law applicable -- Obligation of good faith.

  • .020   Application of code -- Construction.

  • .022   Application of chapter to insurance contracts.

  • .023   Multiyear federal grant project agreements -- Legislative discontinuation.

  • .025   Determination.

  • .030   Definitions for code.

  • .035   Secretary to adopt regulations.

  • .040   Procurement activities -- Distribution.

  • .045   Authority of cabinet -- Authority to promulgate administrative regulations.

  • .047   Disposition of firearms or ammunition owned by state agency -- Disposition of proceeds upon sale -- Restriction on purchase of body armor for service animal.

  • .050   Centralization of procurement -- Exemptions.

  • .055   State purchasing regulations.

  • .060   Relationship with using agencies.

  • .065   Procurement advisory council -- Other advisory councils -- Procurement institute.

  • .067   Requirement for registration with Department of Revenue to collect and remit sales and use tax -- Exemption -- Applicability to foreign persons -- Administrative regulation.

  • .070   Definitions for KRS 45A.070 to 45A.180.

  • .075   Methods of awarding state contracts.

  • .080   Competitive sealed bidding.

  • .085   Competitive negotiation.

  • .090   Negotiation after competitive sealed bidding when all bids exceed available funds.

  • .095   Noncompetitive negotiation.

  • .100   Small purchases by state governmental bodies.

  • .105   Cancellation of invitations for bids or requests for proposals.

  • .110   Responsibility of bidders and offerors -- Determination -- Right of nondisclosure.

  • .115   Prequalification of suppliers.

  • .120   Cost or pricing data -- Price adjustment.

  • .125   Cost plus contract prohibited.

  • .130   Cost reimbursement contracts.

  • .135   Types of contracts.

  • .140   Accounting system.

  • .145   Multiyear contracts.

  • .150   Right to inspect -- Right to audit.

  • .155   Finality of determinations.

  • .160   Reporting of suspected collusion -- Documents.

  • .165   Report of contracts made under KRS 45A.095.

  • .170   Specifications -- Items considered equal may be furnished.

  • .175   Repealed, 1992.

  • .180   Selection of method of construction contracting management.

  • .181   Requirements for request for proposal when capital project is to be constructed utilizing the design-build construction method.

  • .182   Selection committee procedures to apply when capital project is to be constructed utilizing the design-build method -- Cancellation or rejection of requests or proposals.

  • .183   Selection committee procedures to apply when capital project is to be constructed utilizing the construction management-at-risk method.

  • .184   Selection committee procedures to apply when procuring services of construction manager-agency for a fee.

  • .185   Bid bonds.

  • .187   Limitations on use of reverse auction process.

  • .190   Performance bond and payment bond -- Recommendations on whether performance bond should be required -- Audit of contract performance -- Release from performance bond.

  • .195   Bond forms.

  • .200   Contract adjustment clauses -- Termination clause.

  • .205   Repealed, 1992.

  • .210   Issuance of regulations concerning modification and termination of contracts by Commonwealth.

  • .215   Cost principles regulations required.

  • .225   Definitions and applicability.

  • .230   Authority of secretary to settle claims.

  • .235   Action on contract claims or controversies.

  • .240   Definitions for terms used in KRS 45A.225 to 45A.290.

  • .245   Action on contract -- Damages.

  • .250   Findings of court.

  • .255   Appeals from Circuit Court.

  • .260   Limitations on claims.

  • .265   One recovery only.

  • .270   Presentation of judgment for payment -- Appropriations.

  • .275   Judgments against Commonwealth up to $500,000 deemed necessary governmental expense.

  • .280   Presumption of correctness.

  • .285   Filing of protest -- Decision by secretary.

  • .290   Effect of protest.

  • .295   Definitions for terms used in KRS 45A.295 to 45A.320.

  • .300   Cooperative purchasing.

  • .305   Personnel, information, and technical services -- Schedule of fees.

  • .310   Use of payments -- Compliance with code requirements -- Review of procurement requirements.

  • .315   Resolution of disputes.

  • .320   Effect of federal grants upon public purchasing units.

  • .325   Collusion to restrain bids prohibited.

  • .330   Purpose of KRS 45A.330 to 45A.340.

  • .335   Definitions for terms used in KRS 45A.330 to 45A.340.

  • .340   Conflicts of interest of public officers and employees.

  • .343   Local public agency may adopt provisions of KRS 45A.345 to 45A.460 -- Effect of adoption -- Contracts required to mandate revealing of violations of and compliance with specified KRS chapters -- Effect of nondisclosure or noncompliance.

  • .345   Definitions for KRS 45A.343 to 45A.460.

  • .350   Repealed, 1984.

  • .351   Declaration of public policy on preservation of Commonwealth's natural resources through energy efficiency.

  • .352   Guaranteed energy savings contracts involving local public agencies.

  • .353   Extension of guaranteed energy savings contract -- Documentation of savings -- Lease-purchase agreements -- Exemption from debt limitations.

  • .355   Determinations -- Finality.

  • .360   Administrative regulations.

  • .365   Competitive sealed bidding.

  • .370   Competitive negotiation.

  • .375   Negotiations after competitive sealed bidding when all bids exceed available funds -- Action when no bids received.

  • .380   Noncompetitive negotiation.

  • .385   Small purchases by local public agencies.

  • .390   Cancellation.

  • .395   Determination of responsibility -- Right of nondisclosure.

  • .400   Prequalification of bidders and offerors.

  • .405   Cost or pricing data.

  • .410   Inspection of contractor's place of business -- Audit of records.

  • .415   Specifications -- Items considered equal may be furnished -- Proprietary products.

  • .420   Cooperative purchasing -- Price agreements with Commonwealth.

  • .425   Surplus or excess property.

  • .430   Bid bonds.

  • .435   Contract performance and payment bonds.

  • .440   Bond forms, filings, and copies.

  • .445   Definitions for terms used in KRS 45A.445 to 45A.460.

  • .450   Statement of public policy.

  • .455   Conflict of interest -- Gratuities and kickbacks -- Use of confidential information.

  • .460   Recovery of value of anything transferred or received in breach of ethical standards.

  • .465   Definitions for KRS 45A.470.

  • .470   Preference to be given by governmental bodies and political subdivisions in purchasing commodities or services -- List of commodities and services -- Price range -- Negotiation for identical products and services.

  • .475   State depositories to render service pursuant to this chapter.

  • .480   Compliance with workers' compensation insurance and unemployment insurance laws required -- Penalty.

  • .485   Certain contracts required to mandate revealing of violations of and compliance with specified KRS chapters -- Effect of nondisclosure or noncompliance.

    • Recycled Material Content Products

  • .500   Legislative findings.

  • .505   Definitions.

  • .510   Nonrecyclable materials may be purchased, when.

  • .515   Discrimination against purchase of recycled materials prohibited.

  • .520   Requirement of purchase of materials with minimum recycled content.

  • .523   Report on procurement of products made from recovered materials.

  • .525   Recycled material content provisions to be applied to contractors with a state agency.

  • .530   Recycled material content provisions to be applied to projects financed by bonds issued by state agency.

  • .535   Vendors to be informed.

  • .540   Purchase of materials with minimum recycled material content through central stores.

    • Privatization Contracts

  • .550   Definitions for KRS 45A.550 to 45A.554 and KRS 11A.130.

  • .551   Procedures for state agency privatization contracts.

  • .552   Cabinet to develop process for evaluating information when determining whether to approve privatization contract -- Administrative regulations.

  • .553   Contracting agency evaluation and report.

  • .554   Construction of KRS 45A.550 to 45A.554 and KRS 11A.130.

    • Miscellaneous Procurement Provisions

  • .600   Purchase of handgun by state employee upon retirement -- Use of proceeds from sale.

  • .605   Finance and Administration Cabinet's authority to enter into contracts for "information highway" for state agencies -- Mandatory use -- Exceptions -- Status as a state agency price contract -- Access to contract by certain nonprofit schools, nonprofit organizations, and economic development entities.

  • .610   Purchase of starch-based plastic garbage can liners by state agencies.

  • .615   Life-cycle cost comparison of heating, ventilation, and air conditioning equipment in state buildings.

  • .620   Preference to high-calcium foods and beverages in purchasing for school meals.

  • .625   Procurement strategy for greater use of alternative fuel motor vehicles -- Reports.

  • .630   Definitions for KRS 45A.035, 45A.095, 45A.630, and 45A.645.

  • .640   Guidelines for use of procurement to support agricultural economy -- Changes to administrative regulations and policies.

  • .645   Agencies to purchase Kentucky-grown products meeting quality standards and pricing requirements if available -- Marketing assistance -- Annual report -- Vendors' duties.

  • .650   Purchases under $50 -- Petty cash accounts.

  • .655   Imprest cash funds.

  • .660   Waiver of requirements on purchase from government.

  • .665   Definitions for KRS 45A.665 to 45A.685.

  • .670   Regulations relating to small or small minority businesses.

  • .675   Small or small minority business set aside.

  • .680   Withdrawal of designation of small or small minority business set aside.

  • .685   Short title.

  • .690   Definitions for KRS 45A.690 to 45A.725.

  • .695   Personal service contract procedures.

  • .700   Certain personal service contracts in aggregate amounts of $10,000 or less exempt from routine review -- Memoranda of agreement and price contracts of $50,000 or less exempt from routine review -- Review requirement for amendments.

  • .705   Government Contract Review Committee -- Membership -- Duties -- Meeting -- Vote required to act.

  • .710   Repealed, 1997.

  • .715   Certain contracts by Department of Revenue prohibited.

  • .720   Contract for executioner not subject to KRS 45A.690 to 45A.725.

  • .725   Authority of committee to establish policies and procedures relating to manner and form of notification and documentation to accompany personal service contract or memorandum of agreement.

    • Procurement of Architectural and Engineering Services

  • .730   Definitions for KRS 45A.730 to 45A.750.

  • .735   Authorization for local public agency to adopt KRS 45A.740, 45A.745, and 45A.750 -- Effect of adoption -- Qualification statements.

  • .740   Procedures for proposed project requiring architectural or engineering services.

  • .745   Criteria for evaluation of interested firms.

  • .750   Negotiation of contract.

    • Architectural and Engineering Services

  • .800   Definitions for KRS 45A.800 to 45A.835, 45A.195, 45A.440, and 45A.695.

  • .803   Engineering or related services for federal highway project.

  • .805   Legislative findings of policy.

  • .807   Deadline for promulgation of certain administrative regulations by Finance and Administration Cabinet and Transportation Cabinet.

  • .810   Architectural services selection committees -- Engineering or engineering-related services selection committees -- Uses -- Membership.

  • .815   Requirements of procuring agency for selection committee.

  • .820   Compensation and expense reimbursement of selection committee members.

  • .825   Prequalification of interested firms -- Request for proposals -- Responses -- Procedures for evaluating proposals and negotiating contract -- Exception.

  • .827   Criterion to break tie vote of selection committee.

  • .830   Copies of proposed contracts to be made available to selection committee - Certifications to be made upon negotiation of contract -- Filing with Government Contract Review Committee.

  • .835   Persons who are prohibited from serving in pool or on selection committee.

  • .836   Eligibility of entities selected under KRS 45A.810 to act as offerors in certain circumstances.

  • .837   Price contracts for architectural, engineering, and engineering-related services -- Review procedure required.

  • .838   Establishment and operation of pool of firms to provide professional contract services -- Administrative regulations to be promulgated by Transportation Cabinet.

    • Underwriter and Bond Counsel Services

  • .840   Definitions for KRS 45A.840 to 45A.879.

  • .843   Selection committees.

  • .847   Orientation of committee members -- Committee to be attached to office.

  • .850   Selection of underwriter and bond counsel for various agencies -- Comanaging underwriters.

  • .853   Prequalification of underwriters and bond counsels -- Request for proposals -- Response -- First meeting of selection committee -- Second meeting.

  • .857   Executive sessions of selection committee -- Ranking -- Interviews -- Awarding of contract.

  • .860   Certification of circumstances that may or may not constitute violation of statutes -- Retention and inspection of logs and evaluation sheets.

  • .863   Antinepotism provisions.

  • .867   Emergency procedure.

  • .870   Procedure to take advantage of an innovation developed by a firm.

  • .873   Preference for Kentucky firms.

  • .877   Reimbursement of underwriters for counsel retained by them for bond issuance -- Prohibition against state employee's recommending selection.

  • .879   Administrative regulations to be promulgated by January 1, 1995.

    • Penalties

  • .990   Penalties.

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