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424.260 Bids for materials, supplies, equipment, or services.
(1)
(2)
(3)
(4)
(5)
Except where a statute specifically fixes a larger sum as the minimum for a
requirement of advertisement for bids, no city, county, or district, or board or
commission of a city or county, or sheriff or county clerk, may make a contract,
lease, or other agreement for materials, supplies except perishable meat, fish,
and vegetables, equipment, or for contractual services other than professional,
involving an expenditure of more than twenty thousand dollars ($20,000)
without first making newspaper advertisement for bids.
If the fiscal court requires that the sheriff or county clerk advertise for bids on
expenditures of less than twenty thousand dollars ($20,000), the fiscal court
requirement shall prevail.
(a) Nothing in this statute shall limit or restrict the ability of a local school
district to acquire supplies and equipment outside of the bidding
procedure if those supplies and equipment meet the specifications of the
contracts awarded by the Office of Material and Procurement Services in
the Office of the Controller within the Finance and Administration Cabinet
or a federal, local, or cooperative agency and are available for purchase
elsewhere at a lower price. A board of education may purchase those
supplies and equipment without advertising for bids if, prior to making the
purchases, the board of education obtains certification from the district's
finance or purchasing officer that the items to be purchased meet the
standards and specifications fixed by state price contract, federal (GSA)
price contract, or the bid of another school district whose bid
specifications allow other districts to utilize their bids, and that the sales
price is lower than that established by the various price contract
agreements or available through the bid of another school district whose
bid specifications would allow the district to utilize their bid.
(b) The procedures set forth in paragraph (a) of this subsection shall not be
available to the district for any specific item once the bidding procedure
has been initiated by an invitation to bid and a publication of specifications
for that specific item has been published. In the event that all bids are
rejected, the district may again avail itself of the provisions of paragraph
(a) of this subsection.
This requirement shall not apply in an emergency if the chief executive officer
of the city, county, or district has duly certified that an emergency exists, and
has filed a copy of the certificate with the chief financial officer of the city,
county, or district, or if the sheriff or the county clerk has certified that an
emergency exists, and has filed a copy of the certificate with the clerk of the
court where his necessary office expenses are fixed pursuant to KRS 64.345 or
64.530, or if the superintendent of the board of education has duly certified that
an emergency exists, and has filed a copy of the certificate with the chief state
school officer.
The provisions of subsection (1) of this section shall not apply for the purchase
of wholesale electric power for resale to the ultimate customers of a municipal
utility organized under KRS 96.550 to 96.900.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 696, effective June 20, 2005. --
Amended 2000 Ky. Acts ch. 5, sec. 11, effective July 14, 2000; ch. 225, sec. 3,
effective July 14, 2000; and ch. 510, sec. 3, effective July 14, 2000. -- Amended
1996 Ky. Acts ch. 89, sec. 5, effective July 15, 1996. -- Amended 1992 Ky. Acts
ch. 178, sec. 1, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 95,
sec. 1, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 282, sec. 4,
effective April 2, 1982. -- Amended 1978 Ky. Acts ch. 197, sec. 12, effective
June 17, 1978. -- Amended 1974 Ky. Acts ch. 97, sec. 1. -- Amended 1972 Ky.
Acts ch. 147, sec. 1. -- Amended 1960 Ky. Acts ch. 168, sec. 1. -- Created 1958
Ky. Acts ch. 42, sec. 16.
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