Title VI, Financial Administration

(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 …

(1) When a construction contract is awarded in an amount in excess of one hundred thousand dollars ($100,000), the following bonds shall be furnished to the local public agency, and shall become binding on the parties upon the award of the contract: (a) A performance bond satisfa…

(1) The local public agency may promulgate by regulation the form of the bonds required by KRS 45A.430 and 45A.435, or it may adopt the form established by the state under KRS 45A.180 to 45A.200. (2) The local public agency shall furnish a certified copy of a bond to any person w…

As used in KRS 45A.445 to 45A.460, unless the context indicates otherwise: (1) "Conspicuously" shall mean written in such special or distinctive format, print, or manner that a reasonable person against whom it is to operate ought to have noticed it. (2) "Confidential information…

(1) Public employment is a public trust. (2) It is the policy and purpose of KRS 45A.345 to 45A.460 to promote and balance the object of protecting government integrity and of facilitating the recruitment and retention of personnel needed by local public agencies by prescribing e…

Where title to any property or any interest therein is transferred, for monetary or other consideration, by or to the Commonwealth of Kentucky by deed, bill of sale, or otherwise, the purchase price or other consideration shall be set out in full on the face of the deed, bill of …

It is the policy of the Commonwealth that all bills shall be paid on time.

A "purchasing agency" is any state organizational unit or administrative body as defined in KRS 12.010 that actually receives goods or services from a vendor.

All bills shall be paid within thirty (30) working days of receipt of goods and services or a vendor's invoice except when the purchasing agency has transmitted a rejection notice to the vendor.

An interest penalty of one percent (1%) of any amount approved and unpaid shall be added to the amount approved for each month or fraction thereof after the thirty (30) working days which followed receipt of the goods or services or vendor's invoice by a purchasing agency.

Cabinet. A purchasing agency shall transmit authorization for payment documentation to the Finance and Administration Cabinet within ten (10) working days of receipt of goods or services or the vendor's invoice by the purchasing agency.

information. (1) It shall be a breach of ethical standards for any employee with procurement authority to participate directly in any proceeding or application; request for ruling or other determination; claim or controversy; or other particular matter pertaining to any contract,…

The Finance and Administration Cabinet shall transmit a warrant for payment to the State Treasurer within ten (10) working days of receipt of the authorization for payment documentation from the purchasing agency. When the Finance and Administration Cabinet is the purchasing agen…

The State Treasurer shall transmit to the purchasing agency or vendor a check for payment to a vendor within five (5) working days of receipt of a warrant for payment from the Finance and Administration Cabinet. The purchasing agency shall transmit the check for payment to a vend…

The interest penalty imposed by KRS 45.454 shall be paid from moneys already appropriated to the operating budget of the agency whose violation of KRS 45.455, 45.456 or 45.457 caused the violation of KRS 45.453. No agency shall budget money for the purpose of paying interest pena…

standards. (1) The value of anything transferred or received in breach of the ethical standards of KRS 45A.345 to 45A.990 or regulations or rules issued thereunder by an employee or a nonemployee may be recovered from both the employee and the nonemployee. (2) Upon a showing that…

As used in KRS 45A.470, the words: (1) "Other individuals with severe disabilities" means an individual or class of individuals with a disability, other than blindness, that constitutes an obstacle to new or continued normal employment. (2) "Products" means programs, books, tapes…

subdivisions in purchasing commodities or services -- List of commodities and services -- Price range -- Negotiation for identical products and services. (1) Notwithstanding any provision of this chapter to the contrary, all governmental bodies and political subdivisions of this …

All services provided to the Commonwealth by qualified state depositories shall be rendered pursuant to this chapter.

insurance laws required -- Foreign entity to obtain certificate of authority -- Penalty. (1) (a) No state contract for building, construction, reconstruction, renovation, demolition, or maintenance, or for any activity related to building, construction, reconstruction, renovation…

compliance with specified KRS chapters -- Effect of nondisclosure or noncompliance. (1) Any state contract awarded under KRS Chapter 45A, 175, 176, 177, or 180 after July 15, 1994, shall require the contractor and all subcontractors performing work under the contract to: (a) Reve…

(1) "Public agency" as used in KRS 45A.487 and 45A.488 has the same meaning as in KRS 61.870. (2) "Public works" as used in KRS 45A.487 and 45A.488 means all buildings, roads, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, and all other structures or work, …

specifications and other contract documents -- Grants, tax abatements, and tax credits -- Exemption for threat to public health or safety. (1) A public agency awarding a contract for a public works project shall not in the bid specifications, project agreements, or other contract…

to be maintained by cabinet -- Access of list to school districts. The Finance and Administration Cabinet shall compile and maintain a list detailing the price contracts for the procurement of school bus accessory equipment and supplies and replacement equipment that meet the sta…

As used in KRS 45A.490 to 45A.494: (1) "Contract" means any agreement of a governmental body, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and (2) "Governmental body" has the same meaning as in KRS 45A.030.

The General Assembly declares: (1) A public purpose of the Commonwealth is served by providing preference to Kentucky residents in contracts by its governmental bodies; and (2) Providing preference to Kentucky residents equalizes the competition with other states that provide pre…

bidders -- List of states -- Administrative regulations. (1) Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a governmental body, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder regi…

It is the finding of the General Assembly that a necessary component of waste management must be to reduce the quantity of waste; that recycling reduces the quantity of solid waste and reduces the costs to the state and local governments for collecting, transporting, landfilling,…

As used in KRS 45A.500 to 45A.540, unless the context clearly indicates otherwise, "state agency" means any agency of the executive, legislative, or judicial branch of state government which purchases goods or services through a centralized state purchasing agency or which is aut…

Nothing in KRS 45A.500 to 45A.540 shall prohibit a state agency from purchasing goods, supplies, equipment, materials, and printing for which a recycled material content substitute is not available or when the state agency can justify specifications for goods, supplies, equipment…

(1) Prior to the issuance of an invitation for bid pursuant to KRS 45A.080 or a request for proposal pursuant to KRS 45A.085, the Finance and Administration Cabinet, the Legislative Research Commission, and the Administrative Office of the Courts on behalf of their respective bra…

Every state agency shall when purchasing goods, supplies, equipment, materials, and printing require a minimum recycled material content for those goods, supplies, equipment, materials, and printing. The recycled material content shall be established by administrative regulations…