Title VI, Financial Administration

available funds. (1) In the event that all bids submitted pursuant to competitive sealed bidding under KRS 45A.080 result in bid prices in excess of the funds available for the purchase, and the chief purchasing officer determines in writing: (a) That there are no additional fund…

(1) As used in this section: (a) "Emergency condition" means a situation which creates a threat or impending threat to public health, welfare, or safety such as may arise by reason of fires, floods, tornadoes, other natural or man-caused disasters, epidemics, riots, enemy attack,…

As used in this section and KRS 45A.097: (1) "Business" has the same meaning as in KRS 11A.010; (2) "Commemoration" means an object, such as a plaque or a sign, honoring a living person or an event, but does not include naming rights; (3) "Does business with" or "doing business w…

of establishing commemoration, memorial, naming rights, or sponsorships. (1) A governmental body may accept donations and gifts from persons or businesses to further the governmental body's mission or to benefit the Commonwealth. Donations and gifts shall not be from a prohibited…

(1) Procurements may be made in accordance with small purchase administrative regulations promulgated by the secretary of the Finance and Administration Cabinet, pursuant to KRS Chapter 13A, as follows: (a) Up to ten thousand dollars ($10,000) per project for construction and one…

promulgate administrative regulations. (1) Except as otherwise provided by law, each state officer or employee who is authorized by law to receive, from corporations or from the State Treasury or from any fund appropriated out of the State Treasury, traveling or other expenses in…

An invitation for bids, a request for proposals, or other solicitation may be canceled, or all bids or proposals may be rejected, if it is determined in writing that such action is taken in the best interest of the Commonwealth and approved by the purchasing officer.

nondisclosure. (1) A written determination of responsibility of a bidder or offeror shall be made and it shall be made in accordance with administrative regulations promulgated by the secretary of the Finance and Administration Cabinet. A reasonable inquiry to determine the respo…

Any funds received into the State Treasury which are later determined not to be due to the state may be refunded to the person who paid such funds into the Treasury. The Finance and Administration Cabinet may issue a warrant to disburse the funds upon a request from the budget un…

The secretary of the Finance and Administration Cabinet may provide for prequalification of suppliers as responsible prospective contractors for particular types of supplies, services, and construction. The secretary of the Finance and Administration Cabinet shall not prequalify …

(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) The pricing of any negot…

(1) The Finance and Administration Cabinet shall examine all authorizations for payment presented, and if it finds them correct shall file them and issue warrants upon the State Treasurer. The Finance and Administration Cabinet shall not certify any claim to the State Treasurer u…

The cost plus a percentage of cost system of contracting shall not be used.

(1) No contract providing for the reimbursement of the contractor's cost plus a fixed fee, hereinafter referred to as a cost reimbursement contract, may be made under KRS 45A.085, 45A.090 or 45A.095, unless it is determined in writing by the secretary of the Finance and Administr…

The Finance and Administration Cabinet, the Chief Justice, and the Legislative Research Commission for their respective branches of government shall investigate any alleged mismanagement of any of the affairs of the state by any officer, employee, or governing body responsible wi…

Subject to the limitations of KRS 45A.125 and 45A.130, any type of contract which will promote the best interests of the Commonwealth may be used.

undisputed and disputed invoices -- Interest penalty -- Secretary to promulgate administrative regulations -- Payment resolution process -- Required reporting. (1) As used in this section: (a) "Purchasing agency" means a unit or body of state government that receives goods or ser…

Except with respect to firm fixed price type contracts, no contract type shall be used unless it has been determined in writing that the proposed contractor's accounting system will permit timely development of all necessary cost data in the form required by the specific contract…

For the purpose of enforcing the provisions of this chapter and those sections of KRS Chapters 41, 45, and 48 relating to the state budget and financial administration, the secretary of the Finance and Administration Cabinet, the Chief Justice, and the Legislative Research Commis…

(1) Unless otherwise provided in the statute making appropriations therefor, multiyear contracts for supplies and services may be entered into for periods not extending beyond the end of the biennium in which the contract was made, if funds for the first fiscal year of the contem…

certified public accountant. (1) A budget unit of any branch of government may request that an audit be performed by the Auditor of Public Accounts. Such request shall be in writing and shall include a statement of the scope and nature of the proposed audit. (2) No budget unit sh…

(1) The Finance and Administration Cabinet may inspect the plant or place of business of a contractor or any subcontractor under any contract awarded or to be awarded by the Commonwealth. (2) The Finance and Administration Cabinet may audit the books and records of any person who…

All capital construction projects or capital outlays for the improvement of land or the construction, alteration, reconstruction, or major repair of any building or other structure, or sewage disposal or water supply system, or any bridge or road except a road and bridge under th…

The determinations required by KRS 45A.085(1), (3), (6), and (7); 45A.090(1), (2) and (3); 45A.095; 45A.105; 45A.110(1); 45A.120(3); and 45A.130(1) shall be final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law.

(1) When for any reason collusion is suspected among any bidders or offerors, a written notice of the facts giving rise to such suspicion shall be transmitted to the Attorney General. (2) All documents involved in any procurement in which collusion is suspected shall be retained …

(1) A report shall be compiled annually by the chief purchasing officer, within ninety (90) days following the close of the fiscal year, of contracts made under KRS 45A.095 during that preceding fiscal year. The report shall: (a) Name each contractor; (b) State the amount and typ…

(1) The Finance and Administration Cabinet shall have responsibility for issuing and maintaining all standard specifications for supplies, services, and construction required by the Commonwealth. Among its duties, it shall, to the greatest extent practicable: (a) Prepare and issu…

(1) The secretary of the Finance and Administration Cabinet shall promulgate administrative regulations by October 15, 2003, providing for as many alternative methods of management of construction contracting as he or she may determine to be feasible; setting forth criteria to be…

constructed utilizing the design-build construction method. When a capital project is to be constructed utilizing the design-build construction method in accordance with KRS 45A.180, the percentage of scoring to be attributed to the guaranteed maximum price shall be stated in the…

constructed utilizing the design-build method -- Cancellation or rejection of requests or proposals. (1) When a capital project is to be constructed utilizing the design-build method in accordance with KRS 45A.180, a process parallel to the selection committee procedures establis…

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 -- El…

construction manager-agency for a fee. The selection committee procedures established in KRS 45A.180 shall apply when procuring services of a construction manager-agency for a fee if the fee amount exceeds fifty thousand dollars ($50,000).

(1) Bidder security shall be required for all competitive sealed bidding for construction contracts when the price is estimated by the Commonwealth to exceed forty thousand dollars ($40,000). Bidder's security shall be a bond provided by a surety company authorized to do business…

The reverse auction process shall not be used to procure architectural, engineering, or engineering-related services as described in KRS 45A.730; underwriter, bond counsel, or financial advisors as described in KRS 45A.850; or contracts for construction as described in KRS 45A.03…

performance bond should be required -- Audit of contract performance -- Release from performance bond. (1) As used in this section, "agency contract administrator" means the state agency employee responsible for the administration of a contract. (2) When a construction contract i…

(1) The secretary of the Finance and Administration Cabinet shall promulgate by regulation the form of the bonds required by KRS 45A.180 to 45A.200. (2) The purchasing agency shall furnish a certified copy of a bond to any person who requests a copy and pays a reasonable fee for …

(1) For all construction contracts expected to exceed fifty thousand dollars ($50,000) in price, the secretary of the Finance and Administration Cabinet shall specify clauses providing for adjustments to contract terms and conditions where there has been: (a) A unilaterally order…

contracts by Commonwealth. (1) The secretary of the Finance and Administration Cabinet is authorized to issue regulations permitting or requiring the insertion, in contracts for the procurement of supplies or services, of appropriate clauses to enable the Commonwealth to effect d…

The secretary of the Finance and Administration Cabinet shall issue regulations setting forth cost principles which shall be used: (1) As guidelines in the negotiation of: (a) Estimated costs or fixed prices when the absence of open market competition precludes the use of competi…

(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…

(1) No state officer or budget unit shall, after the close of any fiscal year, incur, or vote, order, or approve the incurring of, any obligation or expenditure under any appropriation for that fiscal year, and no expenditure shall be made from or charged to any appropriation for…

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…

(1) Any claim against any agency, department, or budget unit not presented or encumbered for payment within the fiscal year in which the obligation was incurred may, after determination by the secretary of the Finance and Administration Cabinet, be found to be a valid claim again…

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…

Notwithstanding the provisions of KRS 45.229 and notwithstanding any other provision of the Kentucky Revised Statutes, any unexpended or unencumbered balance of any Social Security appropriation, made available for expenditure by the Cabinet for Health and Family Services in the …

controls and preaudit procedures for state agencies -- Collection of improper payments -- Referral of certified debts by agency or local government to Department of Revenue -- Information to be provided to State Treasurer. (1) As used in KRS 45.237 to 45.239: (a) "Agency" means a…

Cost-ineffective debts -- Treatment of collected debts -- Annual report. (1) Debts that are certified by an agency or by a local government as provided in KRS 45.237 shall be referred to the department for collection. The department shall be vested with all the powers necessary t…

liquidated debts -- Annual report. (1) The Court of Justice shall initiate, by October 1, 2004, fully implement by October 1, 2005, and thereafter maintain a system for tracking and identifying debts. (2) The Court of Justice shall establish and operate a system for collecting de…

-- KRS 45.237 and 45.238 applicable to erroneous payments recovered after 60 days. (1) Whenever any payment from public money is made in error, or for an amount in excess of the amount found to be properly due and payable, and the payment or excess amount is recovered within sixt…

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…