2013 Kentucky Revised Statutes CHAPTER 45A - KENTUCKY MODEL PROCUREMENT CODE 45A.090 Negotiation after competitive sealed bidding when all bids exceed available funds.
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45A.090 Negotiation after competitive sealed bidding when all bids exceed
available funds.
(1)
(2)
(3)
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 funds available from any source so as to
permit an award to the responsive and responsible bidder whose bid
offers the best value; and
(b) The best interest of the state will not permit the delay attendant to a
resolicitation under revised specifications, or for revised quantities, under
competitive sealed bidding as provided in KRS 45A.080,
then a negotiated award may be made as set forth in subsections (2) or (3) of
this section.
Where there is more than one (1) bidder, competitive negotiations pursuant to
KRS 45A.085(3) shall be conducted with the three (3) (two (2) if there are only
two (2)) bidders determined in writing to be the most responsive and
responsible bidders, based on criteria contained in the bid invitation and the
reciprocal preference for resident bidders under KRS 45A.494. Such
competitive negotiations shall be conducted under the following restrictions:
(a) If discussions pertaining to the revision of the specifications or quantities
are held with any potential offeror, all other potential offerors shall be
afforded an opportunity to take part in such discussions; and
(b) A request for proposals, based upon revised specifications or quantities,
shall be issued as promptly as possible, shall provide for an expeditious
response to the revised requirements, and shall be awarded upon the
basis of best value.
Where, after competitive sealed bidding, it is determined in writing that there is
only one (1) responsive and responsible bidder, a noncompetitive negotiated
award may be made with such bidder in accordance with KRS 45A.095.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 162, sec. 9, effective July 15, 2010. -Amended 2003 Ky. Acts ch. 98, sec. 6, effective June 24, 2003. -- Amended
1997 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 29, effective May 30, 1997. -Created 1978 Ky. Acts ch. 110, sec. 19, effective January 1, 1979.
Legislative Research Commission Note (10/19/2004). 2004 (1st Extra. Sess.) Ky.
Acts ch. 1, sec. 2, provides, "Notwithstanding KRS 18A.225, 45A.022, 45A.080,
45A.085, 45A.090, 45A.225 to 45A.290, or any other provision of KRS Chapter
45A to the contrary, retroactive to August 12, 2004, the Finance and
Administration Cabinet shall implement the provisions of this Act by amending
the previously negotiated contracts for public employee health insurance. The
secretary of the Finance and Administration Cabinet shall provide an actuarial
certification that the self-insured contract amounts are actuarially sound. Any
contracts entered into or modified pursuant to this section shall be forwarded to
the Legislative Research Commission."
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