Kentucky Model Procurement Code

Overview

Sections covered

• KRS 45A.005Title3 cites
• KRS 45A.010Construction -- Purposes and policies8 cites
• KRS 45A.015General provisions of law applicable -- Obligation of good faith2 cites
• KRS 45A.020Application of code -- Construction2 cites
• KRS 45A.022Application of chapter to insurance contracts1 cite
• KRS 45A.023Multiyear federal grant project agreements -- Legislative discontinuation
• KRS 45A.025Determination
• KRS 45A.030Definitions for code3 cites
• KRS 45A.035Secretary to promulgate administrative regulations
• KRS 45A.040Procurement activities -- Distribution
• KRS 45A.045Authority of cabinet -- Authority to promulgate administrative regulations
• KRS 45A.047Disposition of firearms or ammunition owned by state agency -- Disposition of proceeds upon sale -- Restriction on purchase of body armor for service animal
• KRS 45A.050Centralization of procurement -- Exemptions -- Reciprocal preference for resident bidders2 cites
• KRS 45A.055State purchasing regulations
• KRS 45A.060Relationship with using agencies
• KRS 45A.065Advisory councils -- Procurement institute
• KRS 45A.067Requirement for registration with Department of Revenue to collect and remit sales and use tax -- Exemption -- Applicability to foreign persons -- Administrative regulation
• KRS 45A.070Definitions for KRS 45A.070 to 45A.1802 cites
• KRS 45A.075Methods of awarding state contracts
• KRS 45A.077Public-private partnership delivery method of awarding state contracts for capital construction projects
• KRS 45A.080Competitive sealed bidding4 cites
• KRS 45A.085Competitive negotiation2 cites
• KRS 45A.090Negotiation after competitive sealed bidding when all bids exceed available funds1 cite
• KRS 45A.095Definitions -- Noncompetitive negotiation1 cite
• KRS 45A.096Definitions for KRS 45A.096 and 45A.097
• KRS 45A.097Governmental body's acceptance of donation and gifts and consideration of establishing commemoration, memorial, naming rights, or sponsorships
• KRS 45A.100Small purchases by state governmental bodies1 cite
• KRS 45A.105Cancellation of invitations for bids or requests for proposals
• KRS 45A.110Responsibility of bidders and offerors -- Determination -- Right of nondisclosure
• KRS 45A.115Prequalification of suppliers
• KRS 45A.120Cost or pricing data -- Price adjustment
• KRS 45A.125Cost plus contract prohibited
• KRS 45A.130Cost reimbursement contracts1 cite
• KRS 45A.135Types of contracts
• KRS 45A.140Accounting system
• KRS 45A.145Multiyear contracts1 cite
• KRS 45A.150Right to inspect -- Right to audit
• KRS 45A.155Finality of determinations
• KRS 45A.160Reporting of suspected collusion -- Documents
• KRS 45A.165Report of contracts made under KRS 45A.095
• KRS 45A.170Specifications -- Items considered equal may be furnished
• KRS 45A.175Repealed, 1992
• KRS 45A.180Selection of method of construction contracting management
• KRS 45A.181Requirements for request for proposal when capital project is to be constructed utilizing the design-build construction method
• KRS 45A.182Selection 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.183Selection 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.184Selection committee procedures to apply when procuring services of construction manager-agency for a fee
• KRS 45A.185Bid bonds
• KRS 45A.187Limitations on use of reverse auction process
• KRS 45A.190Performance bond and payment bond -- Recommendations on whether performance bond should be required -- Audit of contract performance -- Release from performance bond2 cites
• KRS 45A.195Bond forms
• KRS 45A.200Contract adjustment clauses -- Termination clause2 cites
• KRS 45A.205Repealed, 1992
• KRS 45A.210Issuance of regulations concerning modification and termination of contracts by Commonwealth
• KRS 45A.215Cost principles regulations required1 cite
• KRS 45A.225Definitions and applicability
• KRS 45A.230Authority of secretary to settle claims
• KRS 45A.235Action on contract claims or controversies2 cites
• KRS 45A.240Definitions for terms used in KRS 45A.225 to 45A.2901 cite
• KRS 45A.245Action on contract -- Damages
• KRS 45A.250Findings of court
• KRS 45A.255Appeals from Circuit Court
• KRS 45A.260Limitations on claims
• KRS 45A.265One recovery only
• KRS 45A.270Presentation of judgment for payment -- Appropriations
• KRS 45A.275Judgments against Commonwealth up to $500,000 deemed necessary governmental expense1 cite
• KRS 45A.280Presumption of correctness6 cites
• KRS 45A.285Filing of protest -- Decision by secretary8 cites
• KRS 45A.290Effect of protest1 cite
• KRS 45A.295Definitions for KRS 45A.295 to 45A.320
• KRS 45A.300Cooperative purchasing
• KRS 45A.305Personnel, information, and technical services -- Schedule of fees
• KRS 45A.310Use of payments -- Compliance with code requirements -- Review of procurement requirements
• KRS 45A.315Resolution of disputes
• KRS 45A.320Effect of federal grants upon public purchasing units
• KRS 45A.325Collusion to restrain bids prohibited
• KRS 45A.328Prohibition of contract -- Conditions
• KRS 45A.330Purpose of KRS 45A.330 to 45A.340
• KRS 45A.335Definitions for terms used in KRS 45A.330 to 45A.340
• KRS 45A.340Conflicts of interest of public officers and employees
• KRS 45A.343Local 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 noncompliance3 cites
• KRS 45A.345Definitions for KRS 45A.343 to 45A.4601 cite
• KRS 45A.350Repealed, 1984
• KRS 45A.351Declaration of public policy on preservation of Commonwealth's natural resources through energy efficiency
• KRS 45A.352Guaranteed energy savings contracts involving local public agencies
• KRS 45A.353Extension of guaranteed energy savings contract -- Documentation of savings -- Lease-purchase agreements -- Exemption from debt limitations
• KRS 45A.355Determinations -- Finality1 cite
• KRS 45A.360Administrative regulations
• KRS 45A.365Competitive sealed bidding3 cites
• KRS 45A.370Competitive negotiation
• KRS 45A.375Negotiations after competitive sealed bidding when all bids exceed available funds -- Action when no bids received
• KRS 45A.380Noncompetitive negotiation
• KRS 45A.385Small purchases by local public agencies
• KRS 45A.390Cancellation
• KRS 45A.395Determination of responsibility -- Right of nondisclosure
• KRS 45A.400Prequalification of bidders and offerors
• KRS 45A.405Cost or pricing data
• KRS 45A.410Inspection of contractor's place of business -- Audit of records
• KRS 45A.415Specifications -- Items considered equal may be furnished -- Proprietary products
• KRS 45A.420Cooperative purchasing -- Price agreements with Commonwealth
• KRS 45A.425Surplus or excess property1 cite
• KRS 45A.430Bid bonds1 cite
• KRS 45A.435Contract performance and payment bonds
• KRS 45A.440Bond forms, filings, and copies
• KRS 45A.445Definitions for terms used in KRS 45A.445 to 45A.460
• KRS 45A.450Statement of public policy
• KRS 45A.455Conflict of interest -- Gratuities and kickbacks -- Use of confidential information
• KRS 45A.460Recovery of value of anything transferred or received in breach of ethical standards
• KRS 45A.465Definitions for KRS 45A.4701 cite
• KRS 45A.470Preference 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 services1 cite
• KRS 45A.475State depositories to render service pursuant to this chapter
• KRS 45A.480Compliance with workers' compensation insurance and unemployment insurance laws required -- Foreign entity to obtain certificate of authority -- Penalty2 cites
• KRS 45A.485Certain contracts required to mandate revealing of violations of and compliance with specified KRS chapters -- Effect of nondisclosure or noncompliance
• KRS 45A.487Definitions for KRS 45A.487 and 45A.488
• KRS 45A.488Restrictions 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.489Price contracts for procurement of school bus accessory equipment -- List to be maintained by cabinet -- Access of list to school districts
• KRS 45A.490Definitions for KRS 45A.490 to 45A.494
• KRS 45A.492Legislative declarations
• KRS 45A.494Reciprocal preference to be given by governmental bodies to resident bidders -- List of states -- Administrative regulations
• KRS 45A.500Legislative findings1 cite
• KRS 45A.505Definitions
• KRS 45A.510Nonrecyclable materials may be purchased, when
• KRS 45A.515Discrimination against purchase of recycled materials prohibited
• KRS 45A.520Requirement of purchase of materials with minimum recycled content
• KRS 45A.523Report on procurement of products made from recovered materials
• KRS 45A.525Recycled material content provisions to be applied to contractors with a state agency
• KRS 45A.530Recycled material content provisions to be applied to projects financed by bonds issued by state agency
• KRS 45A.535Vendors to be informed
• KRS 45A.540Purchase of materials with minimum recycled material content through central stores
• KRS 45A.550Definitions for KRS 45A.550 to 45A.554 and KRS 11A.130
• KRS 45A.551Procedures for state agency privatization contracts
• KRS 45A.552Cabinet to develop process for evaluating information when determining whether to approve privatization contract -- Administrative regulations
• KRS 45A.553Contracting agency evaluation and report -- Cabinet report
• KRS 45A.554Construction of KRS 45A.550 to 45A.554 and KRS 11A.130
• KRS 45A.600Purchase of firearm by state employee -- Use of proceeds from sale
• KRS 45A.605Finance 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.607Required contract provision restricting contractor from participating in certain boycott actions -- Exceptions -- Administrative regulations
• KRS 45A.610Purchase of starch-based plastic garbage can liners by state agencies
• KRS 45A.612License agreements with marina operators -- Conditions
• KRS 45A.615Life-cycle cost comparison of heating, ventilation, and air conditioning equipment in state buildings
• KRS 45A.620Preference to high-calcium foods and beverages in purchasing for school meals
• KRS 45A.625Implementation of procurement strategy for greater use of alternative fuel motor vehicles -- Reports
• KRS 45A.630Definitions for KRS 45A.035, 45A.095, 45A.630, and 45A.645
• KRS 45A.640Guidelines for use of procurement to support agricultural economy -- Changes to administrative regulations and policies
• KRS 45A.645Agencies to purchase Kentucky-grown products meeting quality standards and pricing requirements if available -- Reports -- Marketing assistance -- Annual report -- Vendors' duties
• KRS 45A.650Purchases under $50 -- Petty cash accounts
• KRS 45A.655Imprest cash funds
• KRS 45A.657Required use of public funds for election administration
• KRS 45A.660Waiver of requirements on purchase from government
• KRS 45A.665Definitions for KRS 45A.665 to 45A.685
• KRS 45A.670Regulations relating to small or small minority businesses
• KRS 45A.675Small or small minority business set aside
• KRS 45A.680Withdrawal of designation of small or small minority business set aside
• KRS 45A.690Definitions for KRS 45A.690 to 45A.725
• KRS 45A.695Personal service contract procedures -- Tax incentive agreements2 cites
• KRS 45A.700Certain 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.705Government Contract Review Committee -- Membership -- Terms -- Vacancies -- Duties -- Meeting -- Vote required to act. (Effective January 1, 2027)
• KRS 45A.710Repealed, 1997
• KRS 45A.715Certain contracts by Department of Revenue prohibited
• KRS 45A.717Contingency 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.720Contract for executioner not subject to KRS 45A.690 to 45A.725
• KRS 45A.725Authority 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.730Definitions for KRS 45A.730 to 45A.750
• KRS 45A.735Authorization for local public agency to adopt KRS 45A.740, 45A.745, and 45A.750 -- Effect of adoption -- Qualification statements
• KRS 45A.740Procedures for proposed project requiring architectural or engineering services
• KRS 45A.745Criteria for evaluation of interested firms
• KRS 45A.750Negotiation of contract
• KRS 45A.800Definitions for KRS 45A.800 to 45A.835, 45A.195, 45A.440, and 45A.695
• KRS 45A.803Engineering or related services for federal highway project
• KRS 45A.805Legislative findings of policy
• KRS 45A.807Deadline for promulgation of certain administrative regulations by Finance and Administration Cabinet and Transportation Cabinet
• KRS 45A.810Architectural services selection committees -- Engineering or engineering-related services selection committees -- Uses -- Membership
• KRS 45A.815Requirements of procuring agency for selection committee
• KRS 45A.820Compensation and expense reimbursement of selection committee members
• KRS 45A.825Prequalification of interested firms -- Request for proposals -- Responses -- Procedures for evaluating proposals and negotiating contract -- Exception
• KRS 45A.827Criterion to break tie vote of selection committee
• KRS 45A.830Copies 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.835Persons who are prohibited from serving in pool or on selection committee
• KRS 45A.836Eligibility of entities selected under KRS 45A.810 to act as offerors in certain circumstances
• KRS 45A.837Price contracts for architectural, engineering, and engineering-related services -- Review procedure required
• KRS 45A.838Establishment 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.840Definitions for KRS 45A.840 to 45A.879
• KRS 45A.843Selection committees
• KRS 45A.847Orientation of committee members -- Committee to be attached to office
• KRS 45A.850Selection of underwriter and bond counsel for various agencies -- Comanaging underwriters -- Review by Capital Projects and Bond Oversight Committee
• KRS 45A.853Prequalification of underwriters and bond counsels -- Request for proposals -- Response -- First meeting of selection committee -- Second meeting
• KRS 45A.857Executive sessions of selection committee -- Ranking -- Interviews -- Awarding of contract
• KRS 45A.860Certification of circumstances that may or may not constitute violation of statutes -- Retention and inspection of logs and evaluation sheets
• KRS 45A.863Antinepotism provisions
• KRS 45A.867Emergency procedure
• KRS 45A.870Procedure to take advantage of an innovation developed by a firm
• KRS 45A.873Repealed, 2010
• KRS 45A.877Reimbursement of underwriters for counsel retained by them for bond issuance -- Prohibition against state employee's recommending selection
• KRS 45A.879Administrative regulations to be promulgated by January 1, 1995
• KRS 45A.990Penalties