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45A.810 Architectural services selection committees -- Engineering or
engineering-related services selection committees -- Uses -- Membership.
(1)
(2)
(3)
(a)
One (1) or more architectural services selection committees and one (1)
or more engineering or engineering-related services selection committees
shall be created in the Finance and Administration Cabinet.
(b) One (1) or more engineering and engineering-related services selection
committees shall be created in the Transportation Cabinet.
Except when an emergency exists as defined by KRS 45A.095(3), when
architectural, engineering, or engineering-related services are procured under
KRS 45A.837 and 45A.838, or when the project is constructed under KRS
45A.045(11)(a) or (b):
(a) An architectural services selection committee created in the Finance and
Administration Cabinet shall participate in every instance of that cabinet's
procuring architectural services;
(b) An engineering and engineering-related services selection committee
created in the Finance and Administration Cabinet shall participate in
every instance of that cabinet's procuring engineering or
engineering-related services; and
(c) An engineering and engineering-related services selection committee
created in the Transportation Cabinet shall participate in every instance of
that cabinet's procuring engineering or engineering-related services.
An architectural services selection committee created in the Finance and
Administration Cabinet shall consist of six (6) or more members selected in the
manner specified within each paragraph:
(a) Two (2) architects. The secretary of the Finance and Administration
Cabinet shall appoint a pool of at least six (6) architects who are
employees of the cabinet. At least three (3) of the architects shall be merit
employees of the cabinet. The secretary, or his designee, under the
supervision of the Auditor of Public Accounts, or his designee, shall
randomly select architects from the pool. The first employee selected
shall be placed on the selection committee. If the first employee selected
is a merit employee, the second employee selected shall be placed on the
selection committee. If the first employee selected is a nonmerit
employee, the selection process shall continue until a merit employee is
selected. That merit employee shall be placed on the selection
committee;
(b) One (1) or more additional employees of the Department for Facilities
Management, appointed by the commissioner of the Department for
Facilities Management, to serve as a nonvoting technical adviser for a
given project selection. Advisory members shall serve on a
project-by-project basis and shall have the requisite knowledge, training,
or experience pertaining to the professional requirements of the project.
(c) Two (2) merit employees of the user agency appointed by the head of
that agency to serve for the duration of the selection committee's
participation in the project for which they were appointed by the user
agency;
(d)
(4)
An individual. The Kentucky Society of Architects shall nominate nine (9)
individuals, and the Governor shall appoint three (3) of these individuals
to serve in the pool from which the secretary of the Finance and
Administration Cabinet, or his designee, under the supervision of the
Auditor of Public Accounts, or his designee, shall randomly select one (1)
individual to serve on the committee;
(e) One (1) or more merit employees of the Auditor of Public Accounts,
appointed by the Auditor, who may, at the discretion of the Auditor, serve
as nonvoting members of the committee. If one (1) employee is
appointed, then that employee may attend any committee proceedings. If
more than one (1) employee is appointed, then either of the employees
may attend any committee proceeding; and
(f) Upon completion of the selection process set forth in this subsection, the
commissioner of the Department of Facilities Management shall submit a
statement to the Auditor of Public Accounts attesting to full compliance
with the selection process for each architectural firm appointed to provide
architectural services. In addition, a complete record of the selection
process for each project shall be maintained by the department and shall
be subject to audit by the Auditor of Public Accounts.
The engineering and engineering-related services selection committee created
in the Finance and Administration Cabinet shall consist of six (6) or more
members selected in the manner specified in each paragraph:
(a) Two (2) engineers. The secretary of the Finance and Administration
Cabinet shall appoint a pool of at least six (6) engineers who are
employees of the cabinet. At least three (3) of the engineers shall be merit
employees of the cabinet. The secretary, or his designee, under the
supervision of the Auditor of Public Accounts, or his designee, shall
randomly select engineers from the pool. The first employee selected
shall be placed on the selection committee. If the first employee selected
is a merit employee, the second employee selected shall be placed on the
selection committee. If the first employee selected is a nonmerit
employee, the selection process shall continue until a merit employee is
selected. That merit employee shall be placed on the selection
committee;
(b) Two (2) merit employees of the user agency appointed by the head of
that agency to serve for the duration of the selection committee's
participation in the project for which they were appointed by the user
agency;
(c) An individual. The Kentucky Society of Professional Engineers and the
Kentucky Consulting Engineers Council shall together nominate nine (9)
individuals, and the Governor shall appoint three (3) of these individuals
to serve in the pool from which the secretary of the Finance and
Administration Cabinet, or his designee, under the supervision of the
Auditor of Public Accounts, or his designee, shall randomly select one (1)
individual to serve on the committee;
(d) One (1) or more merit employees of the Auditor of Public Accounts,
appointed by the Auditor, who may, at the discretion of the Auditor, serve
(5)
as nonvoting members of the committee. If one (1) employee is
appointed, then that employee may attend any committee proceedings. If
more than one (1) employee is appointed, then either of the employees
may attend any committee proceeding;
(e) One (1) or more additional employees of the Department for Facilities
Management to serve as nonvoting technical adviser for a specific project
selection. Advisory members shall serve on a project-by-project basis and
shall have the requisite knowledge, training, or experience pertaining to
the professional requirements of the project; and
(f) Upon completion of the selection process set forth in this subsection, the
commissioner of the Department of Facilities Management shall submit a
statement to the Auditor of Public Accounts attesting to full compliance
with the selection process for each firm appointed to provide engineering
or engineering-related services. In addition, a complete record of the
selection process for each project shall be maintained by the department
and shall be subject to audit by the Auditor of Public Accounts.
The engineering and engineering-related services selection committee created
in the Transportation Cabinet shall consist of six (6) or more members selected
in the manner specified in each paragraph:
(a) Two (2) engineers. The secretary of the Transportation Cabinet shall
appoint a pool of six (6) engineers who are employees of the cabinet. At
least three (3) of the engineers shall be merit employees of the cabinet.
The secretary, or his designee, under the supervision of the Auditor of
Public Accounts, or his designee, shall randomly select engineers from
the pool. The first employee selected shall be placed on the selection
committee. If the first employee selected is a merit employee, the second
employee selected shall be placed on the selection committee. If the first
employee selected is a nonmerit employee, the selection process shall
continue until a merit employee is selected. That merit employee shall be
placed on the selection committee;
(b) Two (2) engineers who are merit employees of the user division
appointed by the head of that division to serve for the duration of the
selection committee's participation in the project for which they were
appointed by the user agency. However, if two (2) user divisions have
approximately equal responsibilities or separate responsibilities for the
project, each user division head shall appoint one (1) member to the
selection committee;
(c) An individual. The Kentucky Society of Professional Engineers and the
Kentucky Consulting Engineers Council shall together nominate nine (9)
individuals, and the Governor shall appoint three (3) of these individuals
to serve in the pool from which the secretary of the Transportation
Cabinet, or his designee, under the supervision of the Auditor of Public
Accounts, or his designee, shall randomly select one (1) individual to
serve on the committee;
(d) One (1) or more merit employees of the Auditor of Public Accounts,
appointed by the Auditor, who may, at the discretion of the Auditor, serve
as nonvoting members of the committee. If one (1) employee is
(e)
(6)
(a)
(b)
(c)
(d)
(e)
appointed, then that employee may attend any committee proceedings. If
more than one (1) employee is appointed, then either of the employees
may attend any committee proceeding; and
Upon completion of the selection process set forth in this subsection, the
commissioner of the Department of Highways shall submit a statement to
the Auditor of Public Accounts attesting to full compliance with the
selection process for each firm appointed to provide engineering or
engineering-related services. In addition, a complete record of the
selection process for each project shall be maintained by the department
and shall be subject to audit by the Auditor of Public Accounts.
All selection committee members shall have experience which qualifies
them to serve on the committee.
The same appointment procedures set out in this section apply to any
user agency or user division listed in subsection (3), (4), or (5) of this
section that does not operate under a merit system.
Any individual appointed to serve in a pool from which selection
committee members are drawn shall serve in the pool for an initial one (1)
year term and may be reappointed to succeed himself. He shall serve
until his successor is appointed and qualified. A successor or a
replacement, in the case of a vacancy in the pool, shall be appointed in
the same manner as the initial appointee. If a selection committee
member, drawn from a pool, leaves a selection committee, his
replacement shall be drawn from the pool in the same manner as he. The
replacement shall have the merit or nonmerit status of his predecessor.
Any individual appointed by the Auditor of Public Accounts to serve on
selection committees shall serve an initial one (1) year term and may be
reappointed to succeed himself. He shall serve until his successor is
appointed and qualified. A successor or a replacement, in the case of a
vacancy, shall be appointed in the same manner as the initial appointee.
The selection committee members appointed by the head of a user
agency or user division shall serve on a project-by-project basis. These
members shall participate only in committee action related to the project
for which they were appointed. A replacement, in the case of a vacancy,
shall be appointed in the same manner as the initial appointee.
Effective:April 3, 1998
History: Amended 1998 Ky. Acts ch. 319, sec. 4, effective April 3, 1998. -Amended 1996 Ky. Acts ch. 246, sec. 2, effective July 15, 1996. -- Amended
1994 Ky. Acts ch. 95, sec. 2, effective July 15, 1994. Created 1992 Ky. Acts
ch. 55, sec. 3, effective July 14, 1992.
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