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45A.035 Secretary to adopt regulations.
(1)
(2)
The secretary of the Finance and Administration Cabinet shall have power and
authority over, and may, except as otherwise expressly provided in this code,
adopt regulations pursuant to KRS Chapter 13A and consistent with this code
governing the purchasing, management, and control of any and all supplies,
services, and construction, and other items required to be purchased by the
Commonwealth. The secretary shall consider and decide matters of policy with
regard to state procurement. The secretary shall have the power of review with
respect to the implementation of regulations and policy determinations.
Regulations shall be adopted governing the following:
(a) Conditions and procedures for delegations of purchasing authority;
(b) Prequalification, suspension, debarment, and reinstatement of
prospective bidders;
(c) Small purchase procedures;
(d) Conditions and procedures for the purchase of items for resale;
(e) Conditions and procedures for the purchase of agricultural products in
accordance with KRS 45A.645;
(f) Conditions and procedures for the use of source selection methods
authorized by this code, including emergency purchases;
(g) Opening and rejection of bids or offers, consideration of alternate bids,
and waiver of informalities in offers;
(h) Confidentiality of technical data and trade secrets information submitted
by actual or prospective bidders or offerors;
(i) Partial, progressive, and multiple awards;
(j) Supervision of storerooms and inventories, including determination of
appropriate stock levels and the management, transfer, sale, or other
disposal of state-owned property;
(k) Definitions and classes of contractual services and procedures for
acquiring them;
(l) An appeals process to resolve disputes arising from specifications
requiring items deemed to be equivalent or a sole brand as specified in
KRS 45A.170; and
(m) Use of reverse auctions as defined in KRS 45A.070.
The secretary may adopt such other regulations as deemed advisable to carry
out the purposes of this code.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 63, sec. 1, effective July 15, 2010. -Amended 2008 Ky. Acts ch. 47, sec. 1, effective July 15, 2008. -- Amended
2002 Ky. Acts ch. 344, sec. 8, effective July 15, 2002. -- Created 1978 Ky. Acts
ch. 110, sec. 8, effective January 1, 1979.
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