2021 Kentucky Revised Statutes Chapter 65 - General provisions applicable to counties, cities, and other local units 65.025 Prohibitions relating to employment of entities providing architectural services and construction management services on capital construction projects -- Effect of violation -- Best value procurement criteria -- Exception.
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65.025 Prohibitions relating to employment of entities providing architectural
services and construction management services on capital construction
projects -- Effect of violation -- Best value procurement criteria -Exception.
(1)
As used in this section:
(a) "Employ" means to hire, retain, or otherwise contract with an individual or
entity for goods or services;
(b) "Local government" means a city, county, charter county government,
urban-county government, consolidated local government, or a special
district;
(c) "Construction manager" means a person who coordinates and
communicates the entire project process, clarifying cost and time
consequences of design decisions as well as clarifying construction
feasibility, and who manages the bidding, awarding, and construction
phases of the project;
(d) "Design-build" means a system of contracting under which one (1) entity
performs both architecture/engineering and construction under one (1)
single contract;
(e) "Best value" means a procurement in which the decision is based on the
primary objective of meeting the specific business requirements and best
interests of the local government. These decisions shall be based on
objective and quantifiable criteria that shall include price and that have
been communicated to the offerors as set forth in the invitation for bids or
request for proposals. Every invitation for bids or request for proposals
shall provide that an item equal to that named or described in the
specifications may be furnished. The specification may identify a sole
brand in cases where, in the written opinion of the chief procurement
officer, documented unique and valid conditions require compatibility,
continuity, or conformity with established standards. An item shall be
considered equal to the item named or described if, in the opinion of the
owner and the design professional responsible for the specifications:
1.
It is at least equal in quality, durability, appearance, strength,
design, and other criteria deemed appropriate;
2.
It will perform at least equally the function imposed by the general
design for the public work being contracted for or the material being
purchased; and
3.
It conforms substantially to the detailed requirements for the item in
the specifications;
(f) "Capital project" means the construction, reconstruction, acquisition,
installation, and improvement of public infrastructure that is owned by a
local government and that serves a public purpose of the local
government;
(g) "Private partner" means any entity that is a partner in a public-private
partnership other than:
1.
The Commonwealth of Kentucky, or any agency or department
thereof;
2.
3.
4.
5.
(h) 1.
(2)
(3)
(4)
(5)
The federal government;
Any other local government;
Any other state government; or
Any agency of a state, federal, or local government; and
"Public-private partnership" means a project delivery method for
construction or financing of capital projects, or procurement of
services, pursuant to a written public-private partnership agreement
entered into pursuant to KRS 65.028 and administrative regulations
promulgated thereunder, between:
a.
At least one (1) private partner; and
b.
A local government.
2.
"Public-private partnership" does not include any traditional delivery
method or method of procurement of goods or services entered into
by a short-term contractual agreement between a local government
and a private seller that terminates when the good or service is
delivered, whether governed by the provisions of KRS 45A.343 to
45A.460 or 424.260.
A local government shall not employ the same entity to provide both
architectural services and construction management services on the same
capital construction project. No local government shall knowingly employ an
officer, employee, or agent of, or an immediate family member of an officer,
employee, or agent of:
(a) The architectural firm that provided the architectural services to also
provide construction management services for the same capital
construction project for which the architectural firm provided architectural
services; or
(b) The construction management firm that provided the construction
management services to also provide architectural services for the same
capital construction project for which the construction management firm
provided construction management services.
A violation of subsection (2) of this section shall suspend the local government
from receiving any financial assistance from the state, or any state agency,
with respect to the project for which the architectural or construction
management firm was employed until the matter is resolved.
Local governments initiating a capital construction project shall incorporate, or
shall require architects or construction managers in the employment of the local
government to incorporate, best value procurement criteria in all invitations for
bids or requests for proposals as provided for in subsection (1) of this section.
Nothing in this section shall prohibit a local government from using:
(a) Design-build as a method of providing for capital construction services as
long as best value contracting principles are followed as specified in
subsection (1) of this section; or
(b) A public-private partnership as long as the provisions of KRS 65.028 are
followed.
Effective:April 8, 2016
History: Amended 2016 Ky. Acts ch. 67, sec. 4, effective April 8, 2016. -- Amended
2008 Ky. Acts ch. 47, sec. 4, effective July 15, 2008. -- Created 2001 Ky. Acts
ch. 154, sec. 1, effective June 21, 2001.
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