(1)
There is hereby created a permanent committee of the Legislative Research Commission to be
known as the Government Contract Review Committee. The committee shall be composed of
eight (8) members appointed as follows: three (3) members of the Senate appointed by the
President of the Senate; one (1) member of the minority party in the Senate appointed by
the Minority Floor Leader in the Senate; three (3) members of the House of Representatives
appointed by the Speaker of the House of Representatives; and one (1) member of the
minority party in the House of Representatives appointed by the Minority Floor Leader in
the House of Representatives. Members shall serve for terms of two (2) years, and the
members appointed from each chamber shall elect one (1) member from their chamber to serve
as co-chair. Any vacancy that may occur in the membership of the committee shall be filled
by the appointing authority who made the original appointment.
(2) On an alternating basis, each co-chair shall have the first option to
set the monthly meeting date. A monthly meeting may be canceled by agreement of both
co-chairs. The co-chairs shall have joint responsibilities for committee meeting agendas
and presiding at committee meetings. A majority of the entire membership of the Government
Contract Review Committee shall constitute a quorum, and all actions of the committee
shall be by vote of a majority of its entire membership. The members of the committee
shall be compensated for attending meetings, as provided in KRS 7.090(3).
(3) Any professional, clerical, or other employees required by the
committee shall be provided in accordance with the provisions of KRS 7.090(4) and (5).
(4) All proposed personal service contracts and memoranda of agreement
received by the Legislative Research Commission shall be submitted to the committee to:
(a) Examine the stated need for the service;
(b) Examine whether the service could or should be performed by state
personnel;
(c) Examine the amount and duration of the contract or agreement; and
(d) Examine the appropriateness of any exchange of resources or
responsibilities.
(5) If the committee determines that the contract service or agreement,
other than an emergency contract approved by the secretary of the Finance and
Administration Cabinet or his designee, is not needed or inappropriate, the service could
or should be performed by state personnel, the amount or duration is excessive, or the
exchange of resources or responsibilities are inappropriate, the committee shall attach a
written notation of the reasons for its disapproval or objection to the personal service
contract or memorandum of agreement and shall return the personal service contract or
memorandum of agreement to the secretary of the Finance and Administration Cabinet or his
designee. The committee shall act on a personal service contract or memorandum of
agreement submitted to the Legislative Research Commission within forty-five (45) days of
the date received.
(6) Upon receipt of the committee's disapproval or objection to a
personal service contract or memorandum of agreement, the secretary of the Finance and
Administration Cabinet or his designee shall determine whether the personal service
contract or memorandum of agreement shall:
(a) Be revised to comply with the objections of the committee;
(b) Be canceled and, if applicable, payment allowed for services rendered
under the contract or amendment; or
(c) Remain effective as originally approved.
(7) The secretary of the Finance and Administration Cabinet or his
designee shall notify the committee of the action taken on personal service contracts and
memoranda of agreement disapproved or objected to within ten (10) days from the date the
personal service contracts or memoranda of agreement were reviewed by the committee.
(8)
Contracting bodies shall make annual reports to the committee not later than December 1 of
each year. The committee shall establish reporting procedures for contracting bodies
related to personal service contracts and memoranda of agreement submitted by the
secretary of the Finance and Administration Cabinet or his designee.
Effective: March 31, 2003
History:
Amended 2003 Ky. Acts ch. 185, sec. 5, effective March 31, 2003. -- Amended 1998
Ky. Acts ch. 120, sec. 17, effective July 15, 1998; and ch. 486, sec. 5,
effective July 15, 1998. -- Created 1990 Ky. Acts ch. 496, sec. 17, effective
July 13, 1990.