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45A.050 Centralization of procurement -- Exemptions -- Reciprocal preference
for resident bidders.
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Except as provided in KRS 45A.800 to 45A.835 and KRS Chapters 175, 176,
177, and 180, all rights, powers, duties, and authority relating to the
procurement of supplies, services, and construction, and the management,
control, warehousing, sale, and disposal of supplies, services, and construction
now vested in or exercised by any state agency under the several statutes
relating thereto, are hereby transferred to the secretary of the Finance and
Administration Cabinet as provided in this code, subject to the provisions of
subsection (2) of this section.
Unless otherwise ordered by the secretary of the Finance and Administration
Cabinet, the acquisition of the following shall not be required through the
Finance and Administration Cabinet:
(a) Works of art for museum and public display;
(b) Published books, maps, periodicals, and technical pamphlets; and
(c) Services of visiting speakers, professors, and performing artists.
The Finance and Administration Cabinet shall include in all state agency price
contracts for the purchase of materials or supplies a provision that, as
approved by the secretary of the Finance and Administration Cabinet, any
political subdivision, including cities of all classes, counties, school districts, or
special districts, may participate in these contracts to the same extent as the
Commonwealth. Any political subdivision may purchase materials and supplies
in accordance with a contract for supplies and materials entered into by the
Finance and Administration Cabinet for the Commonwealth, including those
contracts negotiated by the cabinet with vendors who maintain a General
Services Administration price agreement as provided in KRS 45A.045(8).
Political subdivisions of the Commonwealth must comply with other provisions
of the Kentucky Revised Statutes which require purchase by competitive
bidding, before participating in the contract, unless the state contract has been
let by competitive bidding, or the contract was negotiated as provided in KRS
45A.045(8).
The Finance and Administration Cabinet shall inform the Department for Local
Government, which shall then inform the appropriate purchasing agent of each
political subdivision interested in participating under this section, of all state
agency contracts in effect between the Commonwealth and vendors.
The secretary of the Finance and Administration Cabinet shall promulgate
administrative regulations necessary for the implementation of this section and
necessary to provide that the Commonwealth be reimbursed for any additional
expenses incurred by the Commonwealth in allowing political subdivisions to
participate in contracts with vendors.
The Finance and Administration Cabinet shall comply with all provisions
relating to the methods of purchasing in the Kentucky Revised Statutes. This
section is not intended to repeal or otherwise affect any provision of the
Kentucky Revised Statutes regarding purchasing methods of the Finance and
Administration Cabinet.
Notwithstanding any other statute to the contrary, all public agencies as
defined in KRS 45A.490 shall comply with the provisions for reciprocal
preference for resident bidders in KRS 45A.490 to 45A.494.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 117, sec. 35, effective July 15, 2010; and
ch. 162, sec. 6, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 47,
sec. 29, effective June 26, 2007. -- Amended 1998 Ky. Acts ch. 69, sec. 17,
effective July 15, 1998. -- Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 4,
sec. 25, effective May 30, 1997. -- Amended 1994 Ky. Acts ch. 95, sec. 8,
effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 496, sec. 2, effective July
13, 1990. -- Created 1978 Ky. Acts ch. 110, sec. 11, effective January 1, 1979.
Legislative Research Commission Note (7/15/2010). This section was amended
by 2010 Ky. Acts chs. 117 and 162, which do not appear to be in conflict and
have been codified together.
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