Download as PDF
45A.370 Competitive negotiation.
(1)
(2)
(3)
(4)
A local public agency may contract or purchase through competitive
negotiation, which may include a reverse auction, upon a written finding that:
(a) Specifications cannot be made sufficiently specific to permit award on the
basis of either the lowest bid price or the lowest evaluated bid price,
including, but not limited to, contracts for experimental or developmental
research work, or highly complex equipment which requires technical
discussions, and other nonstandard supplies, services, or construction; or
(b) Sealed bidding is inappropriate because the available sources of supply
are limited, the time and place of performance cannot be determined in
advance, the price is regulated by law, or a fixed price contract is not
applicable; or
(c) The bid prices received through sealed bidding are unresponsive or
unreasonable as to all or part of the requirements, or are identical or
appear to have been the result of collusion; provided each responsible
bidder is notified of the intention to negotiate and is given a reasonable
opportunity to negotiate, and the negotiated price is lower than the lowest
rejected bid by any responsible bidder.
Proposals shall be solicited through public notice pursuant to KRS 45A.365(3)
or any other means which can be demonstrated to notify an adequate number
of qualified sources to permit reasonable competition consistent with the nature
and requirement of the procurement. The request for proposals shall indicate
the factors to be considered in the evaluation, including the reciprocal
preference for resident bidders required by KRS 45A.494, and the relative
importance of each factor, and the procedures to be followed if a reverse
auction is used in the procurement.
Written or oral discussions shall be conducted with all responsible offerors who
submit proposals determined in writing to be reasonably susceptible of being
selected for award. Discussions shall not disclose any information derived from
proposals submitted by competing offerors. Discussions need not be
conducted:
(a) With respect to prices, where such prices are fixed by law, regulation, or
reverse auction, except that consideration shall be given to competitive
terms and conditions; or
(b) Where time of delivery or performance will not permit discussions; or
(c) Where it can be clearly demonstrated and documented from the
existence of adequate competition or accurate prior cost experience with
that particular supply, service, or construction item that acceptance of an
initial offer without discussion would result in fair and reasonable prices
and the request for proposal notifies all offerors of the possibility that
award may be made on the basis of initial offers.
If discussions pertaining to the revision of the specifications or quantities are
held with any potential offeror, all other potential offerors shall be afforded an
opportunity to take part in such discussions. A request for proposals based on
revised specifications or quantities shall be issued as promptly as possible,
shall provide for an expeditious response to the revised requirements and shall
(5)
be awarded upon the basis of the lowest bid price or lowest evaluated bid price
after application of the reciprocal preference for resident bidders required by
KRS 45A.494 submitted by any responsive and responsible offeror. No
discussion shall be conducted with offerors after submission of revised
proposals except for a compelling reason as determined in writing by the local
public agency. The request for proposals shall state that an award is to be
made without discussion except as herein provided.
Award shall be made to the responsible offeror whose proposal is determined
in writing to be the most advantageous to the local public agency based upon
the evaluation factors set forth in the request for proposals and the reciprocal
preference for resident bidders required by KRS 45A.494.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 63, sec. 8, effective July 15, 2010; and
ch. 162, sec. 13, effective July 15, 2010. -- Amended 1998 Ky. Acts ch. 120,
sec. 14, effective July 15, 1998. -- Created 1978 Ky. Acts ch. 110, sec. 75,
effective January 1, 1980.
Legislative Research Commission Note (7/15/2010). This section was amended
by 2010 Ky. Acts chs. 63 and 162, which do not appear to be in conflict and
have been codified together.
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.
