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Kentucky Chapter 45A — Kentucky Model Procurement Code

196 sections hosted, reproduced from the official public-domain source.

  • KRS 45A.005— Title
  • KRS 45A.010— Construction -- Purposes and policies
  • KRS 45A.015— General provisions of law applicable -- Obligation of good faith
  • KRS 45A.020— Application of code -- Construction
  • KRS 45A.022— Application of chapter to insurance contracts
  • KRS 45A.023— Multiyear federal grant project agreements -- Legislative discontinuation
  • KRS 45A.025— Determination
  • KRS 45A.030— Definitions for code
  • KRS 45A.035— Secretary to promulgate administrative regulations
  • KRS 45A.040— Procurement activities -- Distribution
  • KRS 45A.045— Authority of cabinet -- Authority to promulgate administrative regulations
  • KRS 45A.047— Disposition of firearms or ammunition owned by state agency -- Disposition of proceeds upon sale -- Restriction on purchase of body armor for service animal
  • KRS 45A.050— Centralization of procurement -- Exemptions -- Reciprocal preference for resident bidders
  • KRS 45A.055— State purchasing regulations
  • KRS 45A.060— Relationship with using agencies
  • KRS 45A.065— Advisory councils -- Procurement institute
  • KRS 45A.067— Requirement for registration with Department of Revenue to collect and remit sales and use tax -- Exemption -- Applicability to foreign persons -- Administrative regulation
  • KRS 45A.070— Definitions for KRS 45A.070 to 45A.180
  • KRS 45A.075— Methods of awarding state contracts
  • KRS 45A.077— Public-private partnership delivery method of awarding state contracts for capital construction projects
  • KRS 45A.080— Competitive sealed bidding
  • KRS 45A.085— Competitive negotiation
  • KRS 45A.090— Negotiation after competitive sealed bidding when all bids exceed available funds
  • KRS 45A.095— Definitions -- Noncompetitive negotiation
  • KRS 45A.096— Definitions for KRS 45A.096 and 45A.097
  • KRS 45A.097— Governmental body's acceptance of donation and gifts and consideration of establishing commemoration, memorial, naming rights, or sponsorships
  • KRS 45A.100— Small purchases by state governmental bodies
  • KRS 45A.105— Cancellation of invitations for bids or requests for proposals
  • KRS 45A.110— Responsibility of bidders and offerors -- Determination -- Right of nondisclosure
  • KRS 45A.115— Prequalification of suppliers
  • KRS 45A.120— Cost or pricing data -- Price adjustment
  • KRS 45A.125— Cost plus contract prohibited
  • KRS 45A.130— Cost reimbursement contracts
  • KRS 45A.135— Types of contracts
  • KRS 45A.140— Accounting system
  • KRS 45A.145— Multiyear contracts
  • KRS 45A.150— Right to inspect -- Right to audit
  • KRS 45A.155— Finality of determinations
  • KRS 45A.160— Reporting of suspected collusion -- Documents
  • KRS 45A.165— Report of contracts made under KRS 45A.095
  • KRS 45A.170— Specifications -- Items considered equal may be furnished
  • KRS 45A.175— Repealed, 1992
  • KRS 45A.180— Selection of method of construction contracting management
  • KRS 45A.181— Requirements for request for proposal when capital project is to be constructed utilizing the design-build construction method
  • KRS 45A.182— Selection committee procedures to apply when capital project is to be constructed utilizing the design-build method -- Cancellation or rejection of requests or proposals
  • KRS 45A.183— Selection 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
  • KRS 45A.184— Selection committee procedures to apply when procuring services of construction manager-agency for a fee
  • KRS 45A.185— Bid bonds
  • KRS 45A.187— Limitations on use of reverse auction process
  • KRS 45A.190— Performance bond and payment bond -- Recommendations on whether performance bond should be required -- Audit of contract performance -- Release from performance bond
  • KRS 45A.195— Bond forms
  • KRS 45A.200— Contract adjustment clauses -- Termination clause
  • KRS 45A.205— Repealed, 1992
  • KRS 45A.210— Issuance of regulations concerning modification and termination of contracts by Commonwealth
  • KRS 45A.215— Cost principles regulations required
  • KRS 45A.225— Definitions and applicability
  • KRS 45A.230— Authority of secretary to settle claims
  • KRS 45A.235— Action on contract claims or controversies
  • KRS 45A.240— Definitions for terms used in KRS 45A.225 to 45A.290
  • KRS 45A.245— Action on contract -- Damages
  • KRS 45A.250— Findings of court
  • KRS 45A.255— Appeals from Circuit Court
  • KRS 45A.260— Limitations on claims
  • KRS 45A.265— One recovery only
  • KRS 45A.270— Presentation of judgment for payment -- Appropriations
  • KRS 45A.275— Judgments against Commonwealth up to $500,000 deemed necessary governmental expense
  • KRS 45A.280— Presumption of correctness
  • KRS 45A.285— Filing of protest -- Decision by secretary
  • KRS 45A.290— Effect of protest
  • KRS 45A.295— Definitions for KRS 45A.295 to 45A.320
  • KRS 45A.300— Cooperative purchasing
  • KRS 45A.305— Personnel, information, and technical services -- Schedule of fees
  • KRS 45A.310— Use of payments -- Compliance with code requirements -- Review of procurement requirements
  • KRS 45A.315— Resolution of disputes
  • KRS 45A.320— Effect of federal grants upon public purchasing units
  • KRS 45A.325— Collusion to restrain bids prohibited
  • KRS 45A.328— Prohibition of contract -- Conditions
  • KRS 45A.330— Purpose of KRS 45A.330 to 45A.340
  • KRS 45A.335— Definitions for terms used in KRS 45A.330 to 45A.340
  • KRS 45A.340— Conflicts of interest of public officers and employees
  • KRS 45A.343— Local 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
  • KRS 45A.345— Definitions for KRS 45A.343 to 45A.460
  • KRS 45A.350— Repealed, 1984
  • KRS 45A.351— Declaration of public policy on preservation of Commonwealth's natural resources through energy efficiency
  • KRS 45A.352— Guaranteed energy savings contracts involving local public agencies
  • KRS 45A.353— Extension of guaranteed energy savings contract -- Documentation of savings -- Lease-purchase agreements -- Exemption from debt limitations
  • KRS 45A.355— Determinations -- Finality
  • KRS 45A.360— Administrative regulations
  • KRS 45A.365— Competitive sealed bidding
  • KRS 45A.370— Competitive negotiation
  • KRS 45A.375— Negotiations after competitive sealed bidding when all bids exceed available funds -- Action when no bids received
  • KRS 45A.380— Noncompetitive negotiation
  • KRS 45A.385— Small purchases by local public agencies
  • KRS 45A.390— Cancellation
  • KRS 45A.395— Determination of responsibility -- Right of nondisclosure
  • KRS 45A.400— Prequalification of bidders and offerors
  • KRS 45A.405— Cost or pricing data
  • KRS 45A.410— Inspection of contractor's place of business -- Audit of records
  • KRS 45A.415— Specifications -- Items considered equal may be furnished -- Proprietary products
  • KRS 45A.420— Cooperative purchasing -- Price agreements with Commonwealth
  • KRS 45A.425— Surplus or excess property
  • KRS 45A.430— Bid bonds
  • KRS 45A.435— Contract performance and payment bonds
  • KRS 45A.440— Bond forms, filings, and copies
  • KRS 45A.445— Definitions for terms used in KRS 45A.445 to 45A.460
  • KRS 45A.450— Statement of public policy
  • KRS 45A.455— Conflict of interest -- Gratuities and kickbacks -- Use of confidential information
  • KRS 45A.460— Recovery of value of anything transferred or received in breach of ethical standards
  • KRS 45A.465— Definitions for KRS 45A.470
  • KRS 45A.470— Preference 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
  • KRS 45A.475— State depositories to render service pursuant to this chapter
  • KRS 45A.480— Compliance with workers' compensation insurance and unemployment insurance laws required -- Foreign entity to obtain certificate of authority -- Penalty
  • KRS 45A.485— Certain contracts required to mandate revealing of violations of and compliance with specified KRS chapters -- Effect of nondisclosure or noncompliance
  • KRS 45A.487— Definitions for KRS 45A.487 and 45A.488
  • KRS 45A.488— Restrictions 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
  • KRS 45A.489— Price contracts for procurement of school bus accessory equipment -- List to be maintained by cabinet -- Access of list to school districts
  • KRS 45A.490— Definitions for KRS 45A.490 to 45A.494
  • KRS 45A.492— Legislative declarations
  • KRS 45A.494— Reciprocal preference to be given by governmental bodies to resident bidders -- List of states -- Administrative regulations
  • KRS 45A.500— Legislative findings
  • KRS 45A.505— Definitions
  • KRS 45A.510— Nonrecyclable materials may be purchased, when
  • KRS 45A.515— Discrimination against purchase of recycled materials prohibited
  • KRS 45A.520— Requirement of purchase of materials with minimum recycled content
  • KRS 45A.523— Report on procurement of products made from recovered materials
  • KRS 45A.525— Recycled material content provisions to be applied to contractors with a state agency
  • KRS 45A.530— Recycled material content provisions to be applied to projects financed by bonds issued by state agency
  • KRS 45A.535— Vendors to be informed
  • KRS 45A.540— Purchase of materials with minimum recycled material content through central stores
  • KRS 45A.550— Definitions for KRS 45A.550 to 45A.554 and KRS 11A.130
  • KRS 45A.551— Procedures for state agency privatization contracts
  • KRS 45A.552— Cabinet to develop process for evaluating information when determining whether to approve privatization contract -- Administrative regulations
  • KRS 45A.553— Contracting agency evaluation and report -- Cabinet report
  • KRS 45A.554— Construction of KRS 45A.550 to 45A.554 and KRS 11A.130
  • KRS 45A.600— Purchase of firearm by state employee -- Use of proceeds from sale
  • KRS 45A.605— Finance 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
  • KRS 45A.607— Required contract provision restricting contractor from participating in certain boycott actions -- Exceptions -- Administrative regulations
  • KRS 45A.610— Purchase of starch-based plastic garbage can liners by state agencies
  • KRS 45A.612— License agreements with marina operators -- Conditions
  • KRS 45A.615— Life-cycle cost comparison of heating, ventilation, and air conditioning equipment in state buildings
  • KRS 45A.620— Preference to high-calcium foods and beverages in purchasing for school meals
  • KRS 45A.625— Implementation of procurement strategy for greater use of alternative fuel motor vehicles -- Reports
  • KRS 45A.630— Definitions for KRS 45A.035, 45A.095, 45A.630, and 45A.645
  • KRS 45A.640— Guidelines for use of procurement to support agricultural economy -- Changes to administrative regulations and policies
  • KRS 45A.645— Agencies to purchase Kentucky-grown products meeting quality standards and pricing requirements if available -- Reports -- Marketing assistance -- Annual report -- Vendors' duties
  • KRS 45A.650— Purchases under $50 -- Petty cash accounts
  • KRS 45A.655— Imprest cash funds
  • KRS 45A.657— Required use of public funds for election administration
  • KRS 45A.660— Waiver of requirements on purchase from government
  • KRS 45A.665— Definitions for KRS 45A.665 to 45A.685
  • KRS 45A.670— Regulations relating to small or small minority businesses
  • KRS 45A.675— Small or small minority business set aside
  • KRS 45A.680— Withdrawal of designation of small or small minority business set aside
  • KRS 45A.685— Short title
  • KRS 45A.690— Definitions for KRS 45A.690 to 45A.725
  • KRS 45A.695— Personal service contract procedures -- Tax incentive agreements
  • KRS 45A.700— Certain 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
  • KRS 45A.705— Government Contract Review Committee -- Membership -- Terms -- Vacancies -- Duties -- Meeting -- Vote required to act. (Effective January 1, 2027)
  • KRS 45A.710— Repealed, 1997
  • KRS 45A.715— Certain contracts by Department of Revenue prohibited
  • KRS 45A.717— Contingency 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
  • KRS 45A.720— Contract for executioner not subject to KRS 45A.690 to 45A.725
  • KRS 45A.725— Authority 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
  • KRS 45A.730— Definitions for KRS 45A.730 to 45A.750
  • KRS 45A.735— Authorization for local public agency to adopt KRS 45A.740, 45A.745, and 45A.750 -- Effect of adoption -- Qualification statements
  • KRS 45A.740— Procedures for proposed project requiring architectural or engineering services
  • KRS 45A.745— Criteria for evaluation of interested firms
  • KRS 45A.750— Negotiation of contract
  • KRS 45A.800— Definitions for KRS 45A.800 to 45A.835, 45A.195, 45A.440, and 45A.695
  • KRS 45A.803— Engineering or related services for federal highway project
  • KRS 45A.805— Legislative findings of policy
  • KRS 45A.807— Deadline for promulgation of certain administrative regulations by Finance and Administration Cabinet and Transportation Cabinet
  • KRS 45A.810— Architectural services selection committees -- Engineering or engineering-related services selection committees -- Uses -- Membership
  • KRS 45A.815— Requirements of procuring agency for selection committee
  • KRS 45A.820— Compensation and expense reimbursement of selection committee members
  • KRS 45A.825— Prequalification of interested firms -- Request for proposals -- Responses -- Procedures for evaluating proposals and negotiating contract -- Exception
  • KRS 45A.827— Criterion to break tie vote of selection committee
  • KRS 45A.830— Copies of proposed contracts to be made available to selection committee -- Certifications to be made upon negotiation of contract -- Filing with Government Contract Review Committee
  • KRS 45A.835— Persons who are prohibited from serving in pool or on selection committee
  • KRS 45A.836— Eligibility of entities selected under KRS 45A.810 to act as offerors in certain circumstances
  • KRS 45A.837— Price contracts for architectural, engineering, and engineering-related services -- Review procedure required
  • KRS 45A.838— Establishment 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
  • KRS 45A.840— Definitions for KRS 45A.840 to 45A.879
  • KRS 45A.843— Selection committees
  • KRS 45A.847— Orientation of committee members -- Committee to be attached to office
  • KRS 45A.850— Selection of underwriter and bond counsel for various agencies -- Comanaging underwriters -- Review by Capital Projects and Bond Oversight Committee
  • KRS 45A.853— Prequalification of underwriters and bond counsels -- Request for proposals -- Response -- First meeting of selection committee -- Second meeting
  • KRS 45A.857— Executive sessions of selection committee -- Ranking -- Interviews -- Awarding of contract
  • KRS 45A.860— Certification of circumstances that may or may not constitute violation of statutes -- Retention and inspection of logs and evaluation sheets
  • KRS 45A.863— Antinepotism provisions
  • KRS 45A.867— Emergency procedure
  • KRS 45A.870— Procedure to take advantage of an innovation developed by a firm
  • KRS 45A.873— Repealed, 2010
  • KRS 45A.877— Reimbursement of underwriters for counsel retained by them for bond issuance -- Prohibition against state employee's recommending selection
  • KRS 45A.879— Administrative regulations to be promulgated by January 1, 1995
  • KRS 45A.990— Penalties