Title VI, Financial Administration

If less than three (3) small or small minority businesses are considered capable of meeting the specifications and terms of the invitations for bids, or if the cabinet determines that the lowest and best bid results in an unreasonable price, the agency shall reject all bids and w…

The provisions of KRS 45A.665 to 45A.685 may be cited as the Kentucky Small or Small Minority Business Purchasing Act.

(1) As used in KRS 45A.690 to 45A.725: (a) "Committee" means the Government Contract Review Committee of the Legislative Research Commission; (b) "Contracting body" means each state board, bureau, commission, department, division, authority, university, college, officer, or other…

(1) Except as provided in subsection (8) of this section, no one shall begin work on a personal service contract entered into by any contracting body or incur expenditures under a tax incentive agreement until notification of the personal service contract or tax incentive agreeme…

exempt from routine review -- Memoranda of agreement and price contracts of $50,000 or less exempt from routine review -- Review requirement for amendments. (1) Personal service contracts in aggregate amounts of ten thousand dollars ($10,000) or less during any one (1) fiscal yea…

Meeting -- Vote required to act. (Effective until January 1, 2027) (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 f…

The Department of Revenue shall not enter into any personal service contract for the collection of revenue for the state or for the prosecution of any action or proceeding for the collection of delinquent taxes owed by a resident and the assessment of omitted property owned by a …

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 -- Comm…

Agreements with an individual to provide the services of executioner for the Department of Corrections shall not be subject to the provisions of KRS 45A.690 to 45A.725. The identity of an individual performing the services of executioner shall remain confidential and shall not be…

manner and form of notification and documentation to accompany personal service contract, tax incentive agreement, or memorandum of agreement. (1) The Government Contract Review Committee may establish policies and procedures concerning the manner and form of notification and the…

As used in KRS 45A.730 to 45A.750, unless the context requires otherwise: (1) "Architectural services" means any professional service involved in the practice of architecture as defined in KRS 323.010; (2) "Engineering services" means any professional service as defined in KRS 32…

and 45A.750 -- Effect of adoption -- Qualification statements. (1) In the procurement of architectural and engineering services, each local public agency may adopt the provisions of KRS 45A.740, 45A.745, and 45A.750. Upon adoption of these provisions, each local public agency sha…

services. (1) When a project requiring architectural or engineering services is proposed by a local public agency, except as provided by subsections (2) and (3) of this section, the agency shall: (a) Transmit a notice requesting a statement of interest in the proposed project fro…

(1) A local public agency shall evaluate those firms submitting statements of interest in a proposed project according to the following criteria: (a) Qualifications; (b) Ability of professional personnel; (c) Past record and experience; (d) Performance data on file; (e) Willingne…

(1) Based on the rankings developed in KRS 45A.745(3), the local public agency shall contact the highest-ranked firm and attempt to negotiate a contract for a fair and reasonable value that takes the following into account: (a) The estimated value of the services needed; (b) The …

As used in KRS 45A.800 to 45A.835, 45A.195, 45A.440, and 45A.695, unless the context requires otherwise: (1) "Architect" means an architect licensed under KRS Chapter 323 or a landscape architect licensed under KRS Chapter 323A; (2) "Engineer" means an engineer licensed under KRS…

When the Transportation Cabinet provides engineering or related services for a federal highway project pursuant to 23 U.S.C. sec. 112(b)(2), the Transportation Cabinet shall follow the process established in KRS 45A.800 to 45A.835 as the only alternative to the process establishe…

(1) The General Assembly finds and declares it to be the policy of the Commonwealth of Kentucky to: (a) Insure the fair and equitable treatment of all firms interested in providing architectural, engineering, or engineering-related services to the Commonwealth; (b) Announce publi…

Finance and Administration Cabinet and Transportation Cabinet. By January 1, 1995: (1) The Finance and Administration Cabinet shall promulgate administrative regulations to implement its procurement of architectural and engineering services pursuant to KRS 45A.800 to 45A.835; and…

related services selection committees -- Uses -- Membership. (1) (a) One (1) or more architectural services selection committees and one (1) or more engineering or engineering-related services selection committees shall be created in the Finance and Administration Cabinet. (b) On…

(1) Before a person joins a selection committee, he or she shall receive an orientation from the procuring agency whose secretary or commissioner appointed members to the committee. The orientation shall include, but not be limited to, an explanation of all statutes and administr…

members. (1) Selection committee members who are not employees of state agencies or state universities shall receive a salary of two hundred dollars ($200) per day for those days authorized by the selection committee for selection committee activities. (2) Selection committee mem…

- Procedures for evaluating proposals and negotiating contract -- Exception. (1) (a) A firm shall not be considered for providing architectural, engineering, or engineering-related services to the Finance and Administration Cabinet, the Department of Fish and Wildlife Resources, …

If a selection committee vote results in a tie between two (2) firms, one (1) of which will perform more of the work tasks in Kentucky than the other, then the former firm shall be ranked one (1) place ahead of the latter.

- Certifications to be made upon negotiation of contract -- Filing with Government Contract Review Committee. (1) For architectural, engineering, and engineering-related construction services procured under KRS 45A.180 and 45A.825, the procuring officer shall make available a cop…

committee. (1) (a) A person shall not serve in a pool from which selection committee members are drawn or on a selection committee if that person, his spouse, either of his parents, any of his siblings, or any of his children is employed by a firm which has been prequalified by t…

certain circumstances. The entity selected under KRS 45A.810 to draft the preliminary project design or specifications that forms the basis of a request for proposal for a project utilizing the design-build project delivery method shall not be eligible to act as an offeror to the…

services -- Review procedure required. (1) Notwithstanding the provisions of KRS 45A.800 to 45A.835, the Finance and Administration Cabinet, the Department of Fish and Wildlife Resources, and the Transportation Cabinet may enter into price contracts for architectural, engineering…

contract services -- Administrative regulations to be promulgated by Transportation Cabinet and Department of Fish and Wildlife Resources. (1) If choosing to operate under this section, the Transportation Cabinet and the Department of Fish and Wildlife Resources shall, by adminis…

As used in KRS 45A.840 to 45A.879, unless the context requires otherwise: (1) "Bond counsel" means an attorney who provides legal counsel to a bond issuing agency with regard to bond issuance and provides an unqualified legal opinion to the agency with respect to validity and tax…

(1) One (1) or more selection committees shall be created in the Office of Financial Management. Each selection committee shall have the authority to participate in the selection of both underwriters and bond counsel. (2) Except as provided in KRS 45A.867 and 45A.870, a selection…

(1) After a person has been appointed to a selection committee, he shall receive an orientation from the office. The orientation shall include, but not be limited to, an explanation of all statutes and administrative regulations pertaining to the person's service on the selection…

Comanaging underwriters -- Review by Capital Projects and Bond Oversight Committee. (1) (a) Pursuant to KRS 45A.853 and 45A.857, one (1) or more underwriters and one (1) or more bond counsel firms shall be chosen for each of the following agencies: 1. Turnpike Authority of Kentuc…

proposals -- Response -- First meeting of selection committee -- Second meeting. (1) (a) A firm shall not be considered for providing underwriting or bond counsel services unless the office has prequalified the firm prior to the date of issuance of the request for proposals. (b) …

Awarding of contract. (1) A selection committee shall meet in executive session to: (a) Evaluate the materials with which it has been provided; (b) Select the two (2) to five (5) most qualified firms based upon the weighted evaluation factors in the request for proposals; and (c)…

statutes -- Retention and inspection of logs and evaluation sheets. (1) After a winning underwriter or bond counsel contract has been awarded by the secretary of the Finance and Administration Cabinet pursuant to KRS. 45A.853 and 45A.857, the executive director shall supply the n…

(1) A person shall not serve on an underwriter or bond counsel selection committee if that person, his spouse, either of his parents, any of his siblings, or any of his children is employed by a bond counsel or underwriter which has prequalified pursuant to KRS 45A.853(1) or owns…

(1) Notwithstanding the other provisions of KRS 45A.840 to 45A.879, this section shall govern the selection of an underwriter or a bond counsel in the case of a bona fide emergency. (2) A bona fide emergency shall be deemed to exist only where the executive director has certified…

(1) Notwithstanding the other provisions of KRS 45A.840 to 45A.879, this section shall govern the selection of an underwriter or a bond counsel to take advantage of an innovation developed by that firm. (2) The executive director may discuss with an underwriter or a bond counsel …

issuance -- Prohibition against state employee's recommending selection. (1) The office shall establish and maintain a schedule of rates at which underwriters will be reimbursed for fees and expenses of counsel they retain for a bond issuance. (2) Employees of the Commonwealth sh…

By January 1, 1995, the office shall promulgate administrative regulations to carry out the provisions of KRS 45A.840 to 45A.879.

(1) Any violation of KRS 45A.045 shall be deemed a Class D felony. (2) Any person who violates any of the provisions of KRS 45A.325 shall be guilty of a Class D felony. Any firm, corporation, or association which violates any of the provisions of KRS 45A.325 shall, upon convictio…