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45A.380 Noncompetitive negotiation.
A local public agency may contract or purchase through noncompetitive negotiation
only when a written determination is made that competition is not feasible and it is
further determined in writing by a designee of the local public agency that:
(1) An emergency exists which will cause public harm as a result of the delay in
competitive procedures; or
(2) There is a single source within a reasonable geographical area of the product
or service to be procured; or
(3) The contract is for the services of a licensed professional, such as attorney,
physician, psychiatrist, psychologist, certified public accountant, registered
nurse, or educational specialist; a technician such as a plumber, electrician,
carpenter, or mechanic; or an artist such as a sculptor, aesthetic painter, or
musician, provided, however, that this provision shall not apply to architects or
engineers providing construction management services rather than
professional architect or engineer services; or
(4) The contract is for the purchase of perishable items purchased on a weekly or
more frequent basis, such as fresh fruits, vegetables, fish or meat;
(5) The contract is for replacement parts where the need cannot be reasonably
anticipated and stockpiling is not feasible;
(6) The contract is for proprietary items for resale;
(7) In school districts the contract relates to an enterprise in which the buying or
selling by students is a part of the educational experience;
(8) The contract or purchase is for expenditures made on authorized trips outside
of the boundaries of the local public agency;
(9) The contract is for the purchase of supplies which are sold at public auction or
by receiving sealed bids;
(10) The contract is for group life insurance, group health and accident insurance,
group professional liability insurance, worker's compensation insurance, and
unemployment insurance; or
(11) The contract is for a sale of supplies at reduced prices that will afford a
purchase at savings to the local public agency.
Effective:April 9, 1980
History: Amended 1980 Ky. Acts ch. 250, sec. 12, effective April 9, 1980. -Created 1978 Ky. Acts ch. 110, sec. 77, effective January 1, 1980.
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