Download as PDF
45A.095 Noncompetitive negotiation.
(1)
(2)
(3)
(4)
A contract may be made by noncompetitive negotiation only for sole source
purchases, or when competition is not feasible, as determined by the
purchasing officer in writing prior to award, under administrative regulations
promulgated by the secretary of the Finance and Administration Cabinet or the
governing boards of universities operating under KRS Chapter 164A, or when
emergency conditions exist. Sole source is a situation in which there is only
one (1) known capable supplier of a commodity or service, occasioned by the
unique nature of the requirement, the supplier, or market conditions. Insofar as
it is practical, no less than three (3) suppliers shall be solicited to submit written
or oral quotations whenever it is determined that competitive sealed bidding is
not feasible. Award shall be made to the supplier offering the best value. The
names of the suppliers submitting quotations and the date and amount of each
quotation shall be placed in the procurement file and maintained as a public
record. Competitive bids may not be required:
(a) For contractual services where no competition exists, such as telephone
service, electrical energy, and other public utility services;
(b) Where rates are fixed by law or ordinance;
(c) For library books;
(d) For commercial items that are purchased for resale;
(e) For interests in real property;
(f) For visiting speakers, professors, expert witnesses, and performing
artists;
(g) For personal service contracts executed pursuant to KRS 45A.690 to
45A.725; and
(h) For agricultural products in accordance with KRS 45A.645.
The chief procurement officer, the head of a using agency, or a person
authorized in writing as the designee of either officer may make or authorize
others to make emergency procurements when an emergency condition exists.
An emergency condition is a situation which creates a threat or impending
threat to public health, welfare, or safety such as may arise by reason of fires,
floods, tornadoes, other natural or man-caused disasters, epidemics, riots,
enemy attack, sabotage, explosion, power failure, energy shortages,
transportation emergencies, equipment failures, state or federal legislative
mandates, or similar events. The existence of the emergency condition creates
an immediate and serious need for services, construction, or items of tangible
personal property that cannot be met through normal procurement methods
and the lack of which would seriously threaten the functioning of government,
the preservation or protection of property, or the health or safety of any person.
The Finance and Administration Cabinet may negotiate directly for the
purchase of contractual services, supplies, materials, or equipment in bona fide
emergencies regardless of estimated costs. The existence of the emergency
shall be fully explained, in writing, by the head of the agency for which the
purchase is to be made. The explanation shall be approved by the secretary of
the Finance and Administration Cabinet and shall include the name of the
vendor receiving the contract along with any other price quotations and a
written determination for selection of the vendor receiving the contract. This
information shall be filed with the record of all such purchases and made
available to the public. Where practical, standard specifications shall be
followed in making emergency purchases. In any event, every effort should be
made to effect a competitively established price for purchases made by the
state.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 344, sec. 9, effective July 15, 2002. -Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 30, effective May 30,
1997. -- Amended 1990 Ky. Acts ch. 496, sec. 4, effective July 13, 1990. -Created 1978 Ky. Acts ch. 110, sec. 20, effective January 1, 1979.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.