.050 Centralization of procurement -- Exemptions.
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45A.050 Centralization of procurement -- Exemptions.
(1)
Except as provided in KRS 45A.800 to 45A.835 and KRS Chapters 175, 176, 177,
and 180, all rights, powers, duties, and authority relating to the procurement of
supplies, services, and construction, and the management, control, warehousing,
sale, and disposal of supplies, services, and construction now vested in or exercised
by any state agency under the several statutes relating thereto, are hereby transferred
to the secretary of the Finance and Administration Cabinet as provided in this code,
subject to the provisions of subsection (2) of this section.
(2)
Unless otherwise ordered by the secretary of the Finance and Administration
Cabinet, the acquisition of the following shall not be required through the Finance
and Administration Cabinet:
(a) Works of art for museum and public display;
(b) Published books, maps, periodicals, and technical pamphlets; and
(c) Services of visiting speakers, professors, and performing artists.
(3)
The Finance and Administration Cabinet shall include in all state agency price
contracts for the purchase of materials or supplies a provision that, as approved by
the secretary of the Finance and Administration Cabinet, any political subdivision,
including cities of all classes, counties, school districts, or special districts, may
participate in these contracts to the same extent as the Commonwealth. Any
political subdivision may purchase materials and supplies in accordance with a
contract for supplies and materials entered into by the Finance and Administration
Cabinet for the Commonwealth, including those contracts negotiated by the cabinet
with vendors who maintain a General Services Administration price agreement as
provided in subsection (8) of KRS 45A.045. Political subdivisions of the
Commonwealth must comply with other provisions of the Kentucky Revised
Statutes which require purchase by competitive bidding, before participating in the
contract, unless the state contract has been let by competitive bidding, or the
contract was negotiated as provided in subsection (8) of KRS 45A.045.
(4)
The Finance and Administration Cabinet shall inform the Department for Local
Government, which shall then inform the appropriate purchasing agent of each
political subdivision interested in participating under this section, of all state agency
contracts in effect between the Commonwealth and vendors.
(5)
The secretary of the Finance and Administration Cabinet shall promulgate
administrative regulations necessary for the implementation of this section and
necessary to provide that the Commonwealth be reimbursed for any additional
expenses incurred by the Commonwealth in allowing political subdivisions to
participate in contracts with vendors.
(6)
The Finance and Administration Cabinet shall comply with all provisions relating to
the methods of purchasing in the Kentucky Revised Statutes. This section is not
intended to repeal or otherwise affect any provision of the Kentucky Revised
Statutes regarding purchasing methods of the Finance and Administration Cabinet.
Effective: July 15, 1998
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History: Amended 1998 Ky. Acts ch. 69, sec. 17, effective July 15, 1998. -- Amended
1997 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 25, effective May 30, 1997. -- Amended
1994 Ky. Acts ch. 95, sec. 8, effective July 15, 1994. -- Amended 1990 Ky. Acts
ch. 496, sec. 2, effective July 13, 1990. -- Created 1978 Ky. Acts ch. 110, sec. 11,
effective January 1, 1979.
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