Ky. Rev. Stat. Ann. ch. 45A – Kentucky Model Procurement Code | Midpage

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Kentucky Revised Statutes

Chapter 45A

Ky. Rev. Stat. Ann. ch. 45A

Kentucky Model Procurement Code

Commonwealth of Kentucky

45A.005Title.45A.010Construction -- Purposes and policies.45A.015General provisions of law applicable -- Obligation of good faith.45A.020Application of code -- Construction.45A.022Application of chapter to insurance contracts.45A.023Multiyear federal grant project agreements -- Legislative discontinuation.45A.025Determination.45A.030Definitions for code.45A.035Secretary to promulgate administrative regulations. (Effective until July 15, 2026)45A.040Procurement activities -- Distribution.45A.045Authority of cabinet -- Authority to promulgate administrative regulations. (Effective until July 15, 2026)45A.047Disposition of firearms or ammunition owned by state agency -- Disposition of proceeds upon sale -- Restriction on purchase of body armor for service animal.45A.050Centralization of procurement -- Exemptions -- Reciprocal preference for resident bidders. (Effective until July 15, 2026)45A.055State purchasing regulations.45A.060Relationship with using agencies.45A.065Advisory councils -- Procurement institute.45A.067Requirement for registration with Department of Revenue to collect and remit sales and use tax -- Exemption -- Applicability to foreign persons -- Administrative regulation.45A.070Definitions for KRS 45A.070 to 45A.180.45A.075Methods of awarding state contracts.45A.077Public-private partnership delivery method of awarding state contracts for capital construction projects.45A.080Competitive sealed bidding.45A.085Competitive negotiation.45A.090Negotiation after competitive sealed bidding when all bids exceed available funds.45A.095Definitions -- Noncompetitive negotiation. (Effective until July 15, 2026)45A.096Definitions for KRS 45A.096 and 45A.097.45A.097Governmental body's acceptance of donation and gifts and consideration of establishing commemoration, memorial, naming rights, or sponsorships.45A.100Small purchases by state governmental bodies.45A.105Cancellation of invitations for bids or requests for proposals.45A.110Responsibility of bidders and offerors -- Determination -- Right of nondisclosure.45A.115Prequalification of suppliers.45A.120Cost or pricing data -- Price adjustment.45A.125Cost plus contract prohibited.45A.130Cost reimbursement contracts.45A.135Types of contracts.45A.140Accounting system.45A.145Multiyear contracts.45A.150Right to inspect -- Right to audit.45A.155Finality of determinations.45A.160Reporting of suspected collusion -- Documents.45A.165Report of contracts made under KRS 45A.095.45A.170Specifications -- Items considered equal may be furnished.45A.180Selection of method of construction contracting management.45A.181Requirements for request for proposal when capital project is to be constructed utilizing the design-build construction method.45A.182Selection committee procedures to apply when capital project is to be constructed utilizing the design-build method -- Cancellation or rejection of requests or proposals.45A.183Selection committee procedures to apply when capital project is to be constructed using the construction management-at-risk method -- Eligibility of construction management-at-risk entity -- Competitive process consistent with code to apply when construction project is to be constructed using the construction manager-general contractor method -- Eligibility of construction manager-general contractor -- Administrative regulations.45A.184Selection committee procedures to apply when procuring services of construction manager-agency for a fee.45A.185Bid bonds.45A.187Limitations on use of reverse auction process.45A.190Performance bond and payment bond -- Recommendations on whether performance bond should be required -- Audit of contract performance -- Release from performance bond.45A.195Bond forms.45A.200Contract adjustment clauses -- Termination clause.45A.210Issuance of regulations concerning modification and termination of contracts by Commonwealth.45A.215Cost principles regulations required.45A.225Definitions and applicability.45A.230Authority of secretary to settle claims.45A.235Action on contract claims or controversies.45A.240Definitions for terms used in KRS 45A.225 to 45A.290.45A.245Action on contract -- Damages.45A.250Findings of court.45A.255Appeals from Circuit Court.45A.260Limitations on claims.45A.265One recovery only.45A.270Presentation of judgment for payment -- Appropriations.45A.275Judgments against Commonwealth up to $500,000 deemed necessary governmental expense.45A.280Presumption of correctness.45A.285Filing of protest -- Decision by secretary.45A.290Effect of protest.45A.295Definitions for KRS 45A.295 to 45A.320.45A.300Cooperative purchasing. (Effective until July 15, 2026)45A.305Personnel, information, and technical services -- Schedule of fees.45A.310Use of payments -- Compliance with code requirements -- Review of procurement requirements.45A.315Resolution of disputes.45A.320Effect of federal grants upon public purchasing units.45A.325Collusion to restrain bids prohibited.45A.328Prohibition of contract -- Conditions.45A.330Purpose of KRS 45A.330 to 45A.340.45A.335Definitions for terms used in KRS 45A.330 to 45A.340.45A.340Conflicts of interest of public officers and employees.45A.343Local 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.45A.345Definitions for KRS 45A.343 to 45A.460.45A.351Declaration of public policy on preservation of Commonwealth's natural resources through energy efficiency.45A.352Guaranteed energy savings contracts involving local public agencies.45A.353Extension of guaranteed energy savings contract -- Documentation of savings -- Lease-purchase agreements -- Exemption from debt limitations.45A.355Determinations -- Finality.45A.360Administrative regulations.45A.365Competitive sealed bidding.45A.370Competitive negotiation.45A.375Negotiations after competitive sealed bidding when all bids exceed available funds -- Action when no bids received.45A.380Noncompetitive negotiation. (Effective until July 15, 2026)45A.385Small purchases by local public agencies. (Effective until July 15, 2026)45A.390Cancellation.45A.395Determination of responsibility -- Right of nondisclosure.45A.400Prequalification of bidders and offerors.45A.405Cost or pricing data.45A.410Inspection of contractor's place of business -- Audit of records.45A.415Specifications -- Items considered equal may be furnished -- Proprietary products.45A.420Cooperative purchasing -- Price agreements with Commonwealth. (Effective until July 15, 2026)45A.425Surplus or excess property.45A.430Bid bonds.45A.435Contract performance and payment bonds.45A.440Bond forms, filings, and copies.45A.445Definitions for terms used in KRS 45A.445 to 45A.460.45A.450Statement of public policy.45A.455Conflict of interest -- Gratuities and kickbacks -- Use of confidential information.45A.460Recovery of value of anything transferred or received in breach of ethical standards.45A.465Definitions for KRS 45A.470.45A.470Preference 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.45A.475State depositories to render service pursuant to this chapter.45A.480Compliance with workers' compensation insurance and unemployment insurance laws required -- Foreign entity to obtain certificate of authority -- Penalty.45A.485Certain contracts required to mandate revealing of violations of and compliance with specified KRS chapters -- Effect of nondisclosure or noncompliance.45A.487Definitions for KRS 45A.487 and 45A.488.45A.488Restrictions on requirements relating to labor organizations in bid specifications and other contract documents -- Grants, tax abatements, and tax credits -- Exemption for threat to public health or safety.45A.489Price contracts for procurement of school bus accessory equipment -- List to be maintained by cabinet -- Access of list to school districts.45A.490Definitions for KRS 45A.490 to 45A.494.45A.492Legislative declarations.45A.494Reciprocal preference to be given by governmental bodies to resident bidders -- List of states -- Administrative regulations.45A.500Legislative findings.45A.505Definitions.45A.510Nonrecyclable materials may be purchased, when.45A.515Discrimination against purchase of recycled materials prohibited.45A.520Requirement of purchase of materials with minimum recycled content.45A.523Report on procurement of products made from recovered materials.45A.525Recycled material content provisions to be applied to contractors with a state agency.45A.530Recycled material content provisions to be applied to projects financed by bonds issued by state agency.45A.535Vendors to be informed.45A.540Purchase of materials with minimum recycled material content through central stores.45A.550Definitions for KRS 45A.550 to 45A.554 and KRS 11A.130.45A.551Procedures for state agency privatization contracts.45A.552Cabinet to develop process for evaluating information when determining whether to approve privatization contract -- Administrative regulations.45A.553Contracting agency evaluation and report -- Cabinet report.45A.554Construction of KRS 45A.550 to 45A.554 and KRS 11A.130.45A.600Purchase of firearm by state employee -- Use of proceeds from sale.45A.605Finance 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.45A.607Required contract provision restricting contractor from participating in certain boycott actions -- Exceptions -- Administrative regulations.45A.610Purchase of starch-based plastic garbage can liners by state agencies.45A.612License agreements with marina operators -- Conditions.45A.615Life-cycle cost comparison of heating, ventilation, and air conditioning equipment in state buildings.45A.620Preference to high-calcium foods and beverages in purchasing for school meals.45A.625Implementation of procurement strategy for greater use of alternative fuel motor vehicles -- Reports.45A.630Definitions for KRS 45A.035, 45A.095, 45A.630, and 45A.645.45A.640Guidelines for use of procurement to support agricultural economy -- Changes to administrative regulations and policies.45A.645Agencies to purchase Kentucky-grown products meeting quality standards and pricing requirements if available -- Reports -- Marketing assistance -- Annual report -- Vendors' duties.45A.650Purchases under $50 -- Petty cash accounts.45A.655Imprest cash funds.45A.657Required use of public funds for election administration.45A.660Waiver of requirements on purchase from government.45A.665Definitions for KRS 45A.665 to 45A.685.45A.670Regulations relating to small or small minority businesses.45A.675Small or small minority business set aside.45A.680Withdrawal of designation of small or small minority business set aside.45A.685Short title.45A.690Definitions for KRS 45A.690 to 45A.725.45A.695Personal service contract procedures -- Tax incentive agreements.45A.700Certain 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.45A.705Government Contract Review Committee -- Membership -- Duties -- Meeting -- Vote required to act. (Effective until January 1, 2027)45A.715Certain contracts by Department of Revenue prohibited.45A.717Contingency fee for legal services under personal service contract -- Powers and duties of head of contracting body -- Review of responses to requests for proposals -- Limits on contingency fee -- Payment only from money received pursuant to judgment or settlement -- Standard addendum to contract -- Posting on Web sites -- Records -- Report -- Common law authority abrogated.45A.720Contract for executioner not subject to KRS 45A.690 to 45A.725.45A.725Authority of committee to establish policies and procedures relating to manner and form of notification and documentation to accompany personal service contract, tax incentive agreement, or memorandum of agreement.45A.730Definitions for KRS 45A.730 to 45A.750.45A.735Authorization for local public agency to adopt KRS 45A.740, 45A.745, and 45A.750 -- Effect of adoption -- Qualification statements.45A.740Procedures for proposed project requiring architectural or engineering services.45A.745Criteria for evaluation of interested firms.45A.750Negotiation of contract.45A.800Definitions for KRS 45A.800 to 45A.835, 45A.195, 45A.440, and 45A.695.45A.803Engineering or related services for federal highway project.45A.805Legislative findings of policy.45A.807Deadline for promulgation of certain administrative regulations by Finance and Administration Cabinet and Transportation Cabinet.45A.810Architectural services selection committees -- Engineering or engineering-related services selection committees -- Uses -- Membership. (Effective until July 15, 2026)45A.815Requirements of procuring agency for selection committee.45A.820Compensation and expense reimbursement of selection committee members.45A.825Prequalification of interested firms -- Request for proposals -- Responses -- Procedures for evaluating proposals and negotiating contract -- Exception.45A.827Criterion to break tie vote of selection committee.45A.830Copies of proposed contracts to be made available to selection committee -- Certifications to be made upon negotiation of contract -- Filing with Government Contract Review Committee.45A.835Persons who are prohibited from serving in pool or on selection committee.45A.836Eligibility of entities selected under KRS 45A.810 to act as offerors in certain circumstances.45A.837Price contracts for architectural, engineering, and engineering-related services -- Review procedure required.45A.838Establishment and operation of pool of firms to provide professional contract services -- Administrative regulations to be promulgated by Transportation Cabinet and Department of Fish and Wildlife Resources.45A.840Definitions for KRS 45A.840 to 45A.879.45A.843Selection committees.45A.847Orientation of committee members -- Committee to be attached to office.45A.850Selection of underwriter and bond counsel for various agencies -- Comanaging underwriters -- Review by Capital Projects and Bond Oversight Committee.45A.853Prequalification of underwriters and bond counsels -- Request for proposals -- Response -- First meeting of selection committee -- Second meeting.45A.857Executive sessions of selection committee -- Ranking -- Interviews -- Awarding of contract.45A.860Certification of circumstances that may or may not constitute violation of statutes -- Retention and inspection of logs and evaluation sheets.45A.863Antinepotism provisions.45A.867Emergency procedure.45A.870Procedure to take advantage of an innovation developed by a firm.45A.877Reimbursement of underwriters for counsel retained by them for bond issuance -- Prohibition against state employee's recommending selection.45A.879Administrative regulations to be promulgated by January 1, 1995.45A.990Penalties.