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45A.080 Competitive sealed bidding.
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Contracts exceeding the amount provided by KRS 45A.100 shall be awarded
by competitive sealed bidding, which may include the use of a reverse auction,
unless it is determined in writing that this method is not practicable. Factors to
be considered in determining whether competitive sealed bidding is not
practicable shall include:
(a) Whether specifications can be prepared that permit award on the basis of
best value; and
(b) The available sources, the time and place of performance, and other
relevant circumstances as are appropriate for the use of competitive
sealed bidding.
The invitation for bids shall state that awards shall be made on the basis of
best value. In any contract which is awarded under an invitation to bid which
requires delivery by a specified date and imposes a penalty for late delivery, if
the delivery is late, the contractor shall be given the opportunity to present
evidence that the cause of the delay was beyond his control. If it is the opinion
of the purchasing officer that there is sufficient justification for delayed delivery,
the purchasing officer may adjust or waive any penalty that is provided for in
the contract.
Adequate public notice of the invitation for bids and any reverse auction shall
be given a sufficient time prior to the date set forth for the opening of bids or
beginning of the reverse auction. The notice may include posting on the
Internet or publication in a newspaper or newspapers of general circulation in
the state as determined by the secretary of the Finance and Administration
Cabinet not less than seven (7) days before the date set for the opening of the
bids and any reverse auction. The provisions of this subsection shall also apply
to price contracts and purchase contracts of state institutions of higher
education.
Bids shall be opened publicly or entered through a reverse auction at the time
and place designated in the invitation for bids. At the time the bids are opened,
or the reverse auction has ended, the purchasing agency shall announce the
agency's engineer's estimate, if applicable, and make it a part of the agency
records pertaining to the letting of any contract for which bids were received.
Each written or reverse auction bid, together with the name of the bidder and
the agency's engineer's estimate, shall be recorded and be open to public
inspection. Electronic bid opening and posting of the required information for
public viewing shall satisfy the requirements of this subsection.
The contract shall be awarded by written notice to the responsive and
responsible bidder whose bid offers the best value.
Correction or withdrawal of written or reverse auction bids shall be allowed only
to the extent permitted by regulations issued by the secretary.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 63, sec. 3, effective July 15, 2010. -Amended 2000 Ky. Acts ch. 509, sec. 1, effective July 14, 2000. -- Amended
1998 Ky. Acts ch. 120, sec. 10, effective July 15, 1998. -- Amended 1997 (1st
Extra. Sess.) Ky. Acts ch. 4, sec. 27, effective May 30, 1997. -- Amended 1996
Ky. Acts ch. 60, sec. 2, effective July 15, 1996. -- Amended 1994 Ky. Acts
ch. 278, sec. 1, effective July 15, 1994. -- Amended 1982 Ky. Acts ch. 282,
sec. 1, effective July 15, 1982. -- Amended 1979 (1st Extra. Sess.) Ky. Acts
ch. 9, sec. 1, effective February 10, 1979. -- Created 1978 Ky. Acts ch. 110,
sec. 17, 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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