200 KAR 5:080. Sponsorships.
RELATES TO: KRS 45A.010, 45A.085, 45A.095
STATUTORY AUTHORITY: KRS 45A.035.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 45A.035 authorizes the Secretary of the Finance and Administration Cabinet to promulgate administrative regulations for the implementation of the Kentucky Model Procurement Code, KRS Chapter 45A. This administrative regulation establishes the parameters under which an executive branch agency may enter into a written contract for sponsorship from a business under the Kentucky Model Procurement Code.
Section 1. Definitions. (1) "Agency" means any department, commission, council, board, bureau, committee, institution, legislative body, agency, government corporation, or other establishment of the executive branch of government.
(2) "Business" is defined in KRS 45A.030(1).
(3) "Contract" is defined in KRS 45A.030(7).
(4) "Responsible bidder" is defined in KRS 45A.070(6).
(5) "Sponsorship" means a contract for the receipt of cash or noncash value by an agency from a business in exchange for advertising or similar commercial considerations, except for contractual agreements for naming rights.
Section 2. Sponsorship Opportunity. (1) A sponsorship opportunity shall be posted on the agency’s website for a minimum of seven (7) calendar days in accordance with KRS 45A.085(2). A sponsorship opportunity may also be linked to other commonwealth Web sites, and awareness raised through other media, such as publication in newspapers and press releases.
(2) A sponsorship opportunity shall describe the number of potential sponsorships available, the relative importance of price and other evaluation factors used to insure "best value" as defined in KRS 45A.070(3), and the advertising or similar commercial considerations available from the state for a particular sponsorship opportunity.
Section 3. Sponsorships. (1) At the end of the posting period for a sponsorship opportunity, the agency shall review all responses in accordance with the evaluation factors set forth in the sponsorship opportunity.
(2) Written or oral discussions may be conducted with responsible bidders in accordance with KRS 45A.085(7).
(3) Agency shall make award of sponsorship to the responsible bidder(s) determined in writing to be most advantageous to the commonwealth, taking into consideration the evaluation factors set forth in the sponsorship opportunity. All evaluation documentation, scoring, and summary conclusions of the award shall be made a part of the file record.
(4) If insufficient eligible responses are received in response to a sponsorship opportunity, the agency may noncompetitively negotiate directly with businesses under KRS 45A.095(1) for the remaining number of sponsorships available.
(5) A sponsorship shall not constitute an "official endorsement" of a particular company by the Commonwealth of Kentucky as the sole vendor of choice.
(6) An entity that has a business or regulatory relationship with the agency, or who may be lobbying or attempting to influence matters of that agency, may be considered for a sponsorship opportunity only if there is a clear benefit to the commonwealth, or the sponsorship promotes economic development or tourism in the commonwealth. (31 Ky.R. 2055; 32 Ky.R. 275; 476; eff. 10-11-2005.)