03RS HB475


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HB 475 (BR 1324) - H. Moberly

     AN ACT relating to government contracts.
     Amend KRS 45A.030 to add definitions for certain terms; amend KRS 45A.095 to require the Finance and Administration Cabinet to maintain certain records and to report biennially to the Government Contract Review Committee certain information regarding sole source, emergency, and nonfeasibility of competition contracts; rigorously examine all requirements for a sole source exemption; develop renewal policies and procedures for sole source contracts which limit renewals to no more than two consecutive renewals unless the contract has been offered for competitive bid; permit the Government Contract Review Committee to require additional information under certain circumstances; amend KRS 45A.690 to clarify the proper use of memoranda of agreement; amend KRS 45A.695 to require that documented evidence of cost effectiveness and a detailed statement of the monitoring plan for personal service contracts in an amount over $40,000 be included on a proof of necessity; amend KRS 45A.705 to give the Government Contract Review Committee the authority to audit the results of certain contracts after the committee has voted to approve such an audit; to require the committee to develop a methodology for identifying contracts to audit; to delete certain reporting requirements; create new sections of KRS Chapter 45A to require the Finance and Administration Cabinet to provide and make available to the Government Contract Review Committee and committee's staff full electronic access to the cabinet's procurement database, including specific functions and capabilities; prohibit an agency of the Commonwealth from entering into any contractual agreement in which the agency is not an original party to that agreement; prohibit contract payments which cannot be associated with a specific contract in the statewide accounting system database; require the Finance and Administration Cabinet to establish and maintain a procurement training program; develop policies and procedures to govern travel reimbursement for service contractors; create a Web site designated and maintained for certain specified purposes; develop a contractor-assessment rating scale for use by all agencies; promulgate administrative regulations to govern contractor-assessment ratings; provide training for all state agencies on the necessity of adequate contract monitoring; create new sections of KRS Chapter 45A to require the secretaries of the Finance and Administration Cabinet and the Personnel Cabinet and the executive director of the Kentucky Employee Retirement Systems to establish certain contracting guidelines and to address the conditions under which service contracts may include nonfederal benefits that are normally associated with regular state employment; mandate that the Attorney General has the right of first refusal on legal service contracts; and amend KRS 45A.285 and 45A.290 to conform.

     Feb 12-introduced in House
     Feb 13-to State Government (H)

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