2013 Kentucky Revised Statutes CHAPTER 45A - KENTUCKY MODEL PROCUREMENT CODE 45A.838 Establishment and operation of pool of firms to provide professional contract services -- Administrative regulations to be promulgated by Transportation Cabinet.
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45A.838 Establishment and operation of pool of firms to provide professional
contract services -- Administrative regulations to be promulgated by
Transportation Cabinet.
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If choosing to operate under this section, the Transportation Cabinet shall, by
administrative regulations promulgated under KRS Chapter 13A, designate
each type of project for which a pool of firms is to be established and from
which the firm to provide the needed architectural, engineering, or
engineering-related contract services is to be selected. The project types
designated by these administrative regulations shall be limited to those projects
for which the professional services to be rendered for each individual contract
are substantially similar and to those project types for which architectural,
engineering, or engineering-related fees are expected to be at least fifty
thousand dollars ($50,000).
The Transportation Cabinet selection committee established under KRS
45A.810 shall annually select the engineering or engineering-related services
firms for each pool in accordance with the standards for application and
selection established by administrative regulation under subsection (4) of this
section.
Once selected for a particular pool, a firm providing architectural, engineering,
or engineering-related services shall remain in the pool for two (2) years unless
disqualified under subsection (6) of this section. Upon the expiration of the two
(2) year period, a firm may reapply for selection.
The procedures and criteria for qualifying and selecting the firms to be placed
in each annual pool shall be set forth in administrative regulations promulgated
by the Transportation Cabinet. The administrative regulations shall provide for
adequate notice to firms of the establishment of the individual pools, an
application procedure for a firm interested in the pool for a particular type of
project, the deadline for submission of the application, and the criteria to be
used for the establishment of each pool.
The procedures for determining which firm is to be selected from the pool to
provide services for a particular project shall be set forth in administrative
regulations promulgated by the Transportation Cabinet.
The secretary of transportation may remove a firm from a pool for good cause.
Any firm that has been removed from a pool may, within thirty (30) days after
the removal, petition the secretary for reinstatement. Within sixty (60) days
following the secretary's receipt of a petition, the selection committee shall
meet to consider the request for reinstatement. If the selection committee
recommends that the firm be reinstated to the pool and the secretary accepts
the recommendation, the affected firm shall be reinstated.
After one (1) year of disqualification, a firm that has been removed from a pool
under subsection (6) of this section may reapply to be qualified.
Nothing in this section shall be construed to require use of any pool for a
particular project if the responsible cabinet has determined that the project
does not meet the criteria established for pool projects.
Effective:April 3, 1998
History: Created 1998 Ky. Acts ch. 319, sec. 2, effective April 3, 1998.
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