US Laws, Codes, Statutes & Cases

Kentucky Model Procurement Code

• .005   Title.
• .010   Construction -- Purposes and policies.
• .015   General provisions of law applicable -- Obligation of good faith.
• .020   Application of code -- Construction.
• .022   Application of chapter to insurance contracts.
• .023   Multiyear federal grant project agreements -- Legislative discontinuation.
• .025   Determination.
• .030   Definitions for code.
• .035   Secretary to adopt regulations.
• .040   Procurement activities -- Distribution.
• .045   Authority of cabinet -- Authority to promulgate administrative regulations.
• .047   Disposition of firearms or ammunition owned by state agency -- Disposition of proceeds upon sale -- Restriction on purchase of body armor for service animal.
• .050   Centralization of procurement -- Exemptions.
• .055   State purchasing regulations.
• .060   Relationship with using agencies.
• .065   Procurement advisory council -- Other advisory councils -- Procurement institute.
• .070   Definitions for KRS 45A.070 to 45A.180.
• .075   Methods of awarding state contracts.
• .080   Competitive sealed bidding.
• .085   Competitive negotiation.
• .090   Negotiation after competitive sealed bidding when all bids exceed available funds.
• .095   Noncompetitive negotiation.
• .100   Small purchases by state governmental bodies.
• .105   Cancellation of invitations for bids or requests for proposals.
• .110   Responsibility of bidders and offerors -- Determination -- Right of nondisclosure.
• .115   Prequalification of suppliers.
• .120   Cost or pricing data -- Price adjustment.
• .125   Cost plus contract prohibited.
• .130   Cost reimbursement contracts.
• .135   Types of contracts.
• .140   Accounting system.
• .145   Multiyear contracts.
• .150   Right to inspect -- Right to audit.
• .155   Finality of determinations.
• .160   Reporting of suspected collusion -- Documents.
• .165   Report of contracts made under KRS 45A.095.
• .170   Specifications.
• .175   Repealed, 1992.
• .180   Selection of method of construction contracting management.
• .181   Requirements for request for proposal when capital project is to be constructed utilizing the design-build construction method.
• .182   Selection committee procedures to apply when capital project is to be constructed utilizing the design-build method -- Cancellation or rejection of requests or proposals.
• .183   Selection committee procedures to apply when capital project is to be constructed utilizing the construction management-at-risk method.
• .184   Selection committee procedures to apply when procuring services of construction manager-agency for a fee.
• .185   Bid bonds.
• .187   Limitations on use of reverse auction process.
• .190   Performance bond and payment bond -- Recommendations on whether performance bond should be required -- Audit of contract performance -- Release from performance bond.
• .195   Bond forms.
• .200   Contract adjustment clauses -- Termination clause.
• .205   Repealed, 1992.
• .210   Issuance of regulations concerning modification and termination of contracts by Commonwealth.
• .215   Cost principles regulations required.
• .225   Definitions and applicability.
• .230   Authority of secretary to settle claims.
• .235   Action on contract claims or controversies.
• .240   Definitions for terms used in KRS 45A.225 to 45A.290.
• .245   Action on contract -- Damages.
• .250   Findings of court.
• .255   Appeals from Circuit Court.
• .260   Limitations on claims.
• .265   One recovery only.
• .270   Presentation of judgment for payment -- Appropriations.
• .275   Judgments against Commonwealth up to $500,000 deemed necessary governmental expense.
• .280   Presumption of correctness.
• .285   Filing of protest -- Decision by secretary.
• .290   Effect of protest.
• .295   Definitions for terms used in KRS 45A.295 to 45A.320.
• .300   Cooperative purchasing.
• .305   Personnel, information, and technical services -- Schedule of fees.
• .310   Use of payments -- Compliance with code requirements -- Review of procurement requirements.
• .315   Resolution of disputes.
• .320   Effect of federal grants upon public purchasing units.
• .325   Collusion to restrain bids prohibited.
• .330   Purpose of KRS 45A.330 to 45A.340.
• .335   Definitions for terms used in KRS 45A.330 to 45A.340.
• .340   Conflicts of interest of public officers and employees.
• .343   Local public agency may adopt provisions of KRS 45A.345 to 45A.460 -- Effect of adoption -- Contracts required to mandate revealing of violations of and compliance with specified KRS chapters -- Effect of nondisclosure or noncompliance.
• .345   Definitions for KRS 45A.343 to 45A.460.
• .350   Repealed, 1984.
• .351   Declaration of public policy on preservation of Commonwealth's natural resources through energy efficiency.
• .352   Guaranteed energy savings contracts involving local public agencies.
• .353   Extension of guaranteed energy savings contract -- Documentation of savings -- Lease-purchase agreements -- Exemption from debt limitations.
• .355   Determinations -- Finality.
• .360   Administrative regulations.
• .365   Competitive sealed bidding.
• .370   Competitive negotiation.
• .375   Negotiations after competitive sealed bidding when all bids exceed available funds -- Action when no bids received.
• .380   Noncompetitive negotiation.
• .385   Small purchases by local public agencies.
• .390   Cancellation.
• .395   Determination of responsibility -- Right of nondisclosure.
• .400   Prequalification of bidders and offerors.
• .405   Cost or pricing data.
• .410   Inspection of contractor's place of business -- Audit of records.
• .415   Specifications.
• .420   Cooperative purchasing -- Price agreements with Commonwealth.
• .425   Surplus or excess property.
• .430   Bid bonds.
• .435   Contract performance and payment bonds.
• .440   Bond forms, filings, and copies.
• .445   Definitions for terms used in KRS 45A.445 to 45A.460.
• .450   Statement of public policy.
• .455   Conflict of interest -- Gratuities and kickbacks -- Use of confidential information.
• .460   Recovery of value of anything transferred or received in breach of ethical standards.
• .465   Definitions for KRS 45A.470.
• .470   Preference to be given by governmental bodies and political subdivisions in purchasing commodities or services -- List of commodities and services -- Price range -- Negotiation for identical products and services.
• .475   State depositories to render service pursuant to this chapter.
• .480   Compliance with workers' compensation insurance and unemployment insurance laws required -- Penalty.
• .485   Certain contracts required to mandate revealing of violations of and compliance with specified KRS chapters -- Effect of nondisclosure or noncompliance.

Recycled Material Content Products

• .500   Legislative findings.
• .505   Definitions.
• .510   Nonrecyclable materials may be purchased, when.
• .515   Discrimination against purchase of recycled materials prohibited.
• .520   Requirement of purchase of materials with minimum recycled content.
• .523   Report on procurement of products made from recovered materials.
• .525   Recycled material content provisions to be applied to contractors with a state agency.
• .530   Recycled material content provisions to be applied to projects financed by bonds issued by state agency.
• .535   Vendors to be informed.
• .540   Purchase of materials with minimum recycled material content through central stores.

Privatization Contracts

• .550   Definitions for KRS 45A.550 to 45A.554 and KRS 11A.130.
• .551   Procedures for state agency privatization contracts.
• .552   Cabinet to develop process for evaluating information when determining whether to approve privatization contract -- Administrative regulations.
• .553   Contracting agency evaluation and report.
• .554   Construction of KRS 45A.550 to 45A.554 and KRS 11A.130.

Miscellaneous Procurement Provisions

• .600   Purchase of handgun by state employee upon retirement -- Use of proceeds from sale.
• .605   Finance and Administration Cabinet's authority to enter into contracts for "information highway" for state agencies -- Mandatory use -- Exceptions -- Status as a state agency price contract -- Access to contract by certain nonprofit schools, nonprofit organizations, and economic development entities.
• .610   Purchase of starch-based plastic garbage can liners by state agencies.
• .615   Life-cycle cost comparison of heating, ventilation, and air conditioning equipment in state buildings.
• .620   Preference to high-calcium foods and beverages in purchasing for school meals.
• .630   Definitions for KRS 45A.035, 45A.095, 45A.630, and 45A.645.
• .640   Guidelines for use of procurement to support agricultural economy -- Changes to administrative regulations and policies.
• .645   Agencies to purchase Kentucky-grown products meeting quality standards and pricing requirements if available -- Marketing assistance -- Annual report -- Vendors' duties.
• .650   Purchases under $50 -- Petty cash accounts.
• .655   Imprest cash funds.
• .660   Waiver of requirements on purchase from government.
• .665   Definitions for KRS 45A.665 to 45A.685.
• .670   Regulations relating to small or small minority businesses.
• .675   Small or small minority business set aside.
• .680   Withdrawal of designation of small or small minority business set aside.
• .685   Short title.
• .690   Definitions for KRS 45A.690 to 45A.725.
• .695   Personal service contract procedures.
• .700   Certain personal service contracts in aggregate amounts of $10,000 or less exempt from routine review -- Memoranda of agreement and price contracts of $50,000 or less exempt from routine review -- Review requirement for amendments.
• .705   Government Contract Review Committee -- Membership -- Duties -- Meeting -- Vote required to act.
• .710   Repealed, 1997.
• .715   Certain contracts by Department of Revenue prohibited.
• .720   Contract for executioner not subject to KRS 45A.690 to 45A.725.
• .725   Authority of committee to establish policies and procedures relating to manner and form of notification and documentation to accompany personal service contract or memorandum of agreement.

Procurement of Architectural and Engineering Services

• .730   Definitions for KRS 45A.730 to 45A.750.
• .735   Authorization for local public agency to adopt KRS 45A.740, 45A.745, and 45A.750 -- Effect of adoption -- Qualification statements.
• .740   Procedures for proposed project requiring architectural or engineering services.
• .745   Criteria for evaluation of interested firms.
• .750   Negotiation of contract.

Architectural and Engineering Services

• .800   Definitions for KRS 45A.800 to 45A.835, 45A.195, 45A.440, and 45A.695.
• .803   Engineering or related services for federal highway project.
• .805   Legislative findings of policy.
• .807   Deadline for promulgation of certain administrative regulations by Finance and Administration Cabinet and Transportation Cabinet.
• .810   Architectural services selection committees -- Engineering or engineering-related services selection committees -- Uses -- Membership.
• .815   Requirements of procuring agency for selection committee.
• .820   Compensation and expense reimbursement of selection committee members.
• .825   Prequalification of interested firms -- Request for proposals -- Responses -- Procedures for evaluating proposals and negotiating contract -- Exception.
• .827   Criterion to break tie vote of selection committee.
• .830   Copies of proposed contracts to be made available to selection committee - Certifications to be made upon negotiation of contract -- Filing with Government Contract Review Committee.
• .835   Persons who are prohibited from serving in pool or on selection committee.
• .836   Eligibility of entities selected under KRS 45A.810 to act as offerors in certain circumstances.
• .837   Price contracts for architectural, engineering, and engineering-related services -- Review procedure required.
• .838   Establishment and operation of pool of firms to provide professional contract services -- Administrative regulations to be promulgated by Transportation Cabinet.

Underwriter and Bond Counsel Services

• .840   Definitions for KRS 45A.840 to 45A.879.
• .843   Selection committees.
• .847   Orientation of committee members -- Committee to be attached to office.
• .850   Selection of underwriter and bond counsel for various agencies -- Comanaging underwriters.
• .853   Prequalification of underwriters and bond counsels -- Request for proposals -- Response -- First meeting of selection committee -- Second meeting.
• .857   Executive sessions of selection committee -- Ranking -- Interviews -- Awarding of contract.
• .860   Certification of circumstances that may or may not constitute violation of statutes -- Retention and inspection of logs and evaluation sheets.
• .863   Antinepotism provisions.
• .867   Emergency procedure.
• .870   Procedure to take advantage of an innovation developed by a firm.
• .873   Preference for Kentucky firms.
• .877   Reimbursement of underwriters for counsel retained by them for bond issuance -- Prohibition against state employee's recommending selection.
• .879   Administrative regulations to be promulgated by January 1, 1995.

Penalties

• .990   Penalties.