Title VI, Financial Administration

(1) For purposes of KRS 45A.225 to 45A.290, court means the court of this Commonwealth which would have original jurisdiction over the action if it were between private citizens of this Commonwealth; and in the event of an appeal from such a court, the court which would have juri…

Prior to the institution of any action in a court concerning any contract, claim, or controversy, the secretary of the Finance and Administration Cabinet is authorized, subject to any limitations or conditions imposed by regulations, to settle, compromise, pay, or otherwise adjus…

This section shall apply to a claim or controversy arising under contracts between the Commonwealth and its contractors. If such a claim or controversy is not resolved by mutual agreement, the secretary of the Finance and Administration Cabinet, or his designee, shall promptly is…

As used in KRS 45A.225 to 45A.290, unless the context requires otherwise: (1) "Commonwealth" means the Commonwealth of Kentucky and any of its departments or agencies. (2) "Contracting agency" means any department or agency of the Commonwealth of Kentucky having entered into a la…

(1) Any person, firm or corporation, having a lawfully authorized written contract with the Commonwealth at the time of or after June 21, 1974, may bring an action against the Commonwealth on the contract, including but not limited to actions either for breach of contracts or for…

The court shall enter its findings as a judgment of the court, and such judgment shall have the same effect and be enforceable as any other judgment of the court in civil cases subject to the provisions of KRS 45A.270.

Appeals may be taken to the Court of Appeals from Franklin Circuit Court under the same conditions and under the same practice as appeals are taken from judgments in civil causes rendered by Circuit Courts.

(1) Any claim arising from a construction contract executed and administered by the Transportation Cabinet pursuant to the provisions of KRS Chapters 175, 176, 177 and 180 shall be commenced in Franklin Circuit Court within one (1) year from the time the Commonwealth has determin…

No person, firm, or corporation shall be permitted more than one (1) money recovery upon a claim for the enforcement of or for breach of contract with the Commonwealth.

(1) Each agency which has had an award or judgment against it upon a claim filed pursuant to KRS 45A.240 to 45A.270 shall furnish a certified copy of the award of judgment to the Finance and Administration Cabinet. The first five hundred thousand dollars ($500,000) of any award o…

governmental expense. The first five hundred thousand dollars ($500,000) of any Kentucky court judgment against the Commonwealth awarding damages on a contract claim under the provisions of KRS 45A.240 to 45A.270 shall be a necessary governmental expense and payment shall be appr…

The decision of any official, board, agent, or other person appointed by the Commonwealth concerning any controversy arising under, or in connection with, the solicitation or award of a contract, shall be entitled to a presumption of correctness and shall not be disturbed unless …

(1) The secretary of the Finance and Administration Cabinet, or his designee, shall have authority to determine protests and other controversies of actual or prospective bidders or offerors in connection with the solicitation or selection for award of a contract. (2) Any actual o…

In the event of a protest timely filed under KRS 45A.285(2), the Commonwealth shall not proceed further with the solicitation or award involved, until the secretary of the Finance and Administration Cabinet, or his designee, makes a written and adequately supported determination …

As used in KRS 45A.295 to 45A.320: (1) "State public purchasing unit" shall mean the Finance and Administration Cabinet and any other purchasing agency of this Commonwealth, including the Department of Fish and Wildlife Resources; (2) "Local public purchasing unit" shall mean any…

(1) Any public purchasing unit may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the acquisition of any supplies, services, or construction with any other public purchasing unit or foreign purchasing activity, in accordance with an …

(1) Any public purchasing unit is authorized, within its discretion, upon written request from another public purchasing unit or foreign purchasing activity, to provide personnel to the requesting public purchasing unit or foreign purchasing activity. Payment to the public purcha…

procurement requirements. (1) All payments received by a supplying public purchasing unit from any other public purchasing unit or foreign purchasing activity shall be available or appropriated to the supplying public purchasing unit to defray the cost of the services provided. (…

Any local public purchasing unit is authorized to enter into an agreement with any other local public purchasing unit to establish a procedure to resolve disputes arising from the contracts of the participating local public purchasing units.

If federal grant or other federal requirements differ from the provisions of this code or regulations adopted hereunder, nothing in this code or its regulations shall inhibit any public purchasing unit from complying with the terms and conditions of the federal grant or other fed…

Any agreement or collusion among bidders or prospective bidders which restrains, tends to restrain, or is reasonably calculated to restrain competition by agreement to bid at a fixed price, or to refrain from bidding, or otherwise, is prohibited.

No contract shall be awarded, extended, or renewed to a bidder or contractor under this chapter if the bidder or contractor procured an original, subsequent, or similar contract while employing an executive agency lobbyist who was convicted of a crime related to the original, sub…

The purpose of KRS 45A.330 to 45A.340 is to prescribe specific standards to guide public officers and employees in the conduct of their offices or employment, and to proscribe improper conduct to the extent to which such conduct may be sufficiently described to enable statutory p…

As used in KRS 45A.330 to 45A.340 except as may be otherwise indicated by the context: (1) "Agency" means any of the departments of the state government, and any division, board, bureau, commission or other instrumentality within such department and any independent state authorit…

(1) No officer or employee of the General Assembly, or officer or employee of an agency as defined in KRS 45A.335, shall knowingly receive or agree to receive, directly or indirectly, compensation for any services to be rendered, either by himself or another, in negotiations with…

Effect of adoption -- Contracts required to mandate revealing of violations of and compliance with specified KRS chapters -- Effect of nondisclosure or noncompliance. (1) Any local public agency may adopt the provisions of KRS 45A.345 to 45A.460. No other statutes governing purch…

As used in KRS 45A.343 to 45A.460, unless the context indicates otherwise: (1) "Aggregate amount" means the total dollar amount during a fiscal year of items of a like nature, function, and use the need for which can reasonably be determined at the beginning of the fiscal year. I…

resources through energy efficiency. Recognizing the need in the Commonwealth to preserve to the greatest extent possible natural resources within the Commonwealth which produce energy for the citizens, businesses, schools, and governments within the Commonwealth, it shall be the…

(1) A local public agency may enter into a guaranteed energy savings contract for innovative solutions for energy conservation measures. The local public agency shall submit a request for proposals. The request for proposals for competitive procurement of guaranteed energy saving…

savings -- Lease-purchase agreements -- Exemption from debt limitations. (1) Guaranteed energy savings contracts may extend beyond the fiscal year in which they become effective. The local public agency shall include in its annual budget and appropriations act, for each subsequen…

(1) Every determination required by this code shall be in writing and based upon written findings of the public official making the determination. These determinations and written findings shall be retained in the official contract file. (2) The determinations required by KRS 45A…

(1) A local public agency may adopt regulations, not inconsistent with KRS 45A.345 to 45A.460, governing the following: (a) Conditions and procedures for delegations of purchasing authority; (b) Prequalification, suspension, debarment, and reinstatement of prospective bidders; (c…

(1) All contracts or purchases shall be awarded by competitive sealed bidding, which may include the use of a reverse auction, except as otherwise provided by KRS 45A.370 to 45A.385 and for the purchase of wholesale electric power by municipal utilities as provided in KRS 96.901(…

(1) A local public agency may contract or purchase through competitive negotiation, which may include a reverse auction, upon a written finding that: (a) Specifications cannot be made sufficiently specific to permit award on the basis of either the lowest bid price or the lowest …

available funds -- Action when no bids received. (1) In the event that all bids submitted pursuant to competitive sealed bidding under KRS 45A.365 result in bid prices in excess of the funds available for the purchase, and the local public agency determines in writing: (a) That t…

A local public agency may contract or purchase through noncompetitive negotiation only when a written determination is made that competition is not feasible and it is further determined in writing by a designee of the local public agency that: (1) An emergency exists which will c…

(1) The local public agency may use small purchase procedures for any contract for which a determination is made that the aggregate amount of the contract does not exceed fifty thousand dollars ($50,000) if small purchase procedures are in writing and available to the public. (2)…

An invitation for bid, a request for proposal or other solicitation may be canceled, or all bids or proposals may be rejected, if it is determined in writing that such action is in the best interest of the local public agency.

(1) A written determination of responsibility of a bidder or offeror shall be made, based on a reasonable inquiry conducted by the local public agency. The unreasonable failure of a bidder or offeror to promptly supply information upon request may be grounds for a determination o…

Suppliers may be prequalified as responsible prospective contractors for particular types of supplies, services, and construction. No supplier shall be prequalified as a responsible prospective contractor until the supplier provides the local public agency with a sworn statement …

(1) A contractor shall submit cost or pricing data and shall certify that, to the best of his knowledge and belief, the cost or pricing data submitted was accurate, complete, and current as of a mutually determined specified date prior to the date of: (a) Pricing of any negotiate…

(1) The local public agency may inspect the plant or place of business of a contractor or any subcontractor under any contract awarded or to be awarded by the local public agency. (2) The local public agency may audit the books and records of any person who has submitted cost or …

products. (1) The local public agency shall use specifications which assure the maximum practicable competition to meet the agency's needs. (2) Local public agencies shall ensure that every invitation for bids or request for proposals provides that an item equal to that named or …

established pricing method -- School districts. (1) Any local public agency may enter into an agreement for cooperative purchasing with any other local public agency. When the contracting local public agency contracts for supplies, services or construction pursuant to KRS 45A.365…

(1) A local public agency may sell or otherwise dispose of any personal property which is not needed or has become unsuitable for public use, or which would be suitable, consistent with the public interest, for some other use. (2) A written determination as to need of suitability…

(1) Bidder security shall be required for all competitive sealed bidding for construction contracts when the price is estimated by the local public agency to exceed one hundred thousand dollars ($100,000). Bidder's security shall be a bond provided by a surety company authorized …