2013 Kentucky Revised Statutes CHAPTER 65 - GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS 65.025 Prohibitions relating to employment of entities providing architectural services and construction management services on capital construction projects -- Effect of violation -- Best value procurement criteria -- Exception.
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65.025 Prohibitions relating to employment of entities providing architectural
services and construction management services on capital construction
projects -- Effect of violation -- Best value procurement criteria -Exception.
(1)
(2)
As used in this section:
(a) "Employ" means to hire, retain, or otherwise contract with an individual or
entity for goods or services;
(b) "Local government" means a city, county, charter county government,
urban-county government, consolidated local government, or a special
district;
(c) "Construction manager" means a person who coordinates and
communicates the entire project process, clarifying cost and time
consequences of design decisions as well as clarifying construction
feasibility, and who manages the bidding, awarding, and construction
phases of the project;
(d) "Design-build" means a system of contracting under which one (1) entity
performs both architecture/engineering and construction under one (1)
single contract; and
(e) "Best value" means a procurement in which the decision is based on the
primary objective of meeting the specific business requirements and best
interests of the local government. These decisions shall be based on
objective and quantifiable criteria that shall include price and that have
been communicated to the offerors as set forth in the invitation for bids or
request for proposals. Every invitation for bids or request for proposals
shall provide that an item equal to that named or described in the
specifications may be furnished. The specification may identify a sole
brand in cases where, in the written opinion of the chief procurement
officer, documented unique and valid conditions require compatibility,
continuity, or conformity with established standards. An item shall be
considered equal to the item named or described if, in the opinion of the
owner and the design professional responsible for the specifications:
1.
It is at least equal in quality, durability, appearance, strength,
design, and other criteria deemed appropriate;
2.
It will perform at least equally the function imposed by the general
design for the public work being contracted for or the material being
purchased; and
3.
It conforms substantially to the detailed requirements for the item in
the specifications.
A local government shall not employ the same entity to provide both
architectural services and construction management services on the same
capital construction project. No local government shall knowingly employ an
officer, employee, or agent of, or an immediate family member of an officer,
employee, or agent of:
(a) The architectural firm that provided the architectural services to also
provide construction management services for the same capital
construction project for which the architectural firm provided architectural
(3)
(4)
(5)
services; or
(b) The construction management firm that provided the construction
management services to also provide architectural services for the same
capital construction project for which the construction management firm
provided construction management services.
A violation of subsection (2) of this section shall suspend the local government
from receiving any financial assistance from the state, or any state agency,
with respect to the project for which the architectural or construction
management firm was employed until the matter is resolved.
Local governments initiating a capital construction project shall incorporate, or
shall require architects or construction managers in the employment of the local
government to incorporate, best value procurement criteria in all invitations for
bids or requests for proposals as provided for in subsection (1) of this section.
Nothing in this section shall prohibit a local government from using design-build
as a method of providing for capital construction services as long as best value
contracting principles are followed as specified in subsection (1) of this section.
Effective:July 15, 2008
History: Amended 2008 Ky. Acts ch. 47, sec. 4, effective July 15, 2008. -- Created
2001 Ky. Acts ch. 154, sec. 1, effective June 21, 2001.
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