2025 Kentucky Revised Statutes
Chapter 45A - Kentucky model procurement code

Kentucky Model Procurement Code

• 45A.005 Title.
• 45A.010 Construction -- Purposes and policies.
• 45A.015 General provisions of law applicable -- Obligation of good faith.
• 45A.020 Application of code -- Construction.
• 45A.022 Application of chapter to insurance contracts.
• 45A.023 Multiyear federal grant project agreements -- Legislative discontinuation.
• 45A.025 Determination.
• 45A.030 Definitions for code.
• 45A.035 Secretary to promulgate administrative regulations.
• 45A.040 Procurement activities -- Distribution.
• 45A.045 Authority of cabinet -- Authority to promulgate administrative regulations.
• 45A.047 Disposition of firearms or ammunition owned by state agency -- Disposition of proceeds upon sale -- Restriction on purchase of body armor for service animal.
• 45A.050 Centralization of procurement -- Exemptions -- Reciprocal preference for resident bidders.
• 45A.055 State purchasing regulations.
• 45A.060 Relationship with using agencies.
• 45A.065 Advisory councils -- Procurement institute.
• 45A.067 Requirement for registration with Department of Revenue to collect and remit sales and use tax -- Exemption -- Applicability to foreign persons -- Administrative regulation.
• 45A.070 Definitions for KRS 45A.070 to 45A.180.
• 45A.075 Methods of awarding state contracts.
• 45A.077 Public-private partnership delivery method of awarding state contracts for capital construction projects.
• 45A.080 Competitive sealed bidding.
• 45A.085 Competitive negotiation.
• 45A.090 Negotiation after competitive sealed bidding when all bids exceed available funds.
• 45A.095 Definitions -- Noncompetitive negotiation.
• 45A.096 Definitions for KRS 45A.096 and 45A.097.
• 45A.097 Governmental body's acceptance of donation and gifts and consideration of establishing commemoration, memorial, naming rights, or sponsorships.
• 45A.100 Small purchases by state governmental bodies.
• 45A.105 Cancellation of invitations for bids or requests for proposals.
• 45A.110 Responsibility of bidders and offerors -- Determination -- Right of nondisclosure.
• 45A.115 Prequalification of suppliers.
• 45A.120 Cost or pricing data -- Price adjustment.
• 45A.125 Cost plus contract prohibited.
• 45A.130 Cost reimbursement contracts.
• 45A.135 Types of contracts.
• 45A.140 Accounting system.
• 45A.145 Multiyear contracts.
• 45A.150 Right to inspect -- Right to audit.
• 45A.155 Finality of determinations.
• 45A.160 Reporting of suspected collusion -- Documents.
• 45A.165 Report of contracts made under KRS 45A.095.
• 45A.170 Specifications -- Items considered equal may be furnished.
• 45A.175 Repealed, 1992.
• 45A.180 Selection of method of construction contracting management.
• 45A.181 Requirements for request for proposal when capital project is to be constructed utilizing the design-build construction method.
• 45A.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.
• 45A.183 Selection committee procedures to apply when capital project is to be constructed using the construction management-at-risk method -- Eligibility of construction management-at-risk entity -- Competitive process consistent with code to apply when construction project is to be constructed using the construction manager-general contractor method -- Eligibility of construction manager-general contractor -- Administrative regulations.
• 45A.184 Selection committee procedures to apply when procuring services of construction manager-agency for a fee.
• 45A.185 Bid bonds.
• 45A.187 Limitations on use of reverse auction process.
• 45A.190 Performance bond and payment bond -- Recommendations on whether performance bond should be required -- Audit of contract performance -- Release from performance bond.
• 45A.195 Bond forms.
• 45A.200 Contract adjustment clauses -- Termination clause.
• 45A.205 Repealed, 1992.
• 45A.210 Issuance of regulations concerning modification and termination of contracts by Commonwealth.
• 45A.215 Cost principles regulations required.
• 45A.225 Definitions and applicability.
• 45A.230 Authority of secretary to settle claims.
• 45A.235 Action on contract claims or controversies.
• 45A.240 Definitions for terms used in KRS 45A.225 to 45A.290.
• 45A.245 Action on contract -- Damages.
• 45A.250 Findings of court.
• 45A.255 Appeals from Circuit Court.
• 45A.260 Limitations on claims.
• 45A.265 One recovery only.
• 45A.270 Presentation of judgment for payment -- Appropriations.
• 45A.275 Judgments against Commonwealth up to $500,000 deemed necessary governmental expense.
• 45A.280 Presumption of correctness.
• 45A.285 Filing of protest -- Decision by secretary.
• 45A.290 Effect of protest.
• 45A.295 Definitions for KRS 45A.295 to 45A.320.
• 45A.300 Cooperative purchasing.
• 45A.305 Personnel, information, and technical services -- Schedule of fees.
• 45A.310 Use of payments -- Compliance with code requirements -- Review of procurement requirements.
• 45A.315 Resolution of disputes.
• 45A.320 Effect of federal grants upon public purchasing units.
• 45A.325 Collusion to restrain bids prohibited.
• 45A.328 Prohibition of contract -- Conditions.
• 45A.330 Purpose of KRS 45A.330 to 45A.340.
• 45A.335 Definitions for terms used in KRS 45A.330 to 45A.340.
• 45A.340 Conflicts of interest of public officers and employees.

Local Public Agency Procurement

• 45A.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.
• 45A.345 Definitions for KRS 45A.343 to 45A.460.
• 45A.350 Repealed, 1984.
• 45A.351 Declaration of public policy on preservation of Commonwealth's natural resources through energy efficiency.
• 45A.352 Guaranteed energy savings contracts involving local public agencies.
• 45A.353 Extension of guaranteed energy savings contract -- Documentation of savings -- Lease-purchase agreements -- Exemption from debt limitations.
• 45A.355 Determinations -- Finality.
• 45A.360 Administrative regulations.
• 45A.365 Competitive sealed bidding.
• 45A.370 Competitive negotiation.
• 45A.375 Negotiations after competitive sealed bidding when all bids exceed available funds -- Action when no bids received.
• 45A.380 Noncompetitive negotiation.
• 45A.385 Small purchases by local public agencies.
• 45A.390 Cancellation.
• 45A.395 Determination of responsibility -- Right of nondisclosure.
• 45A.400 Prequalification of bidders and offerors.
• 45A.405 Cost or pricing data.
• 45A.410 Inspection of contractor's place of business -- Audit of records.
• 45A.415 Specifications -- Items considered equal may be furnished -- Proprietary products.
• 45A.420 Cooperative purchasing -- Price agreements with Commonwealth.
• 45A.425 Surplus or excess property.
• 45A.430 Bid bonds.
• 45A.435 Contract performance and payment bonds.
• 45A.440 Bond forms, filings, and copies.
• 45A.445 Definitions for terms used in KRS 45A.445 to 45A.460.
• 45A.450 Statement of public policy.
• 45A.455 Conflict of interest -- Gratuities and kickbacks -- Use of confidential information.
• 45A.460 Recovery of value of anything transferred or received in breach of ethical standards.

Preference for Department of Corrections and Agencies of Persons with Severe Disabilities

• 45A.465 Definitions for KRS 45A.470.
• 45A.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.

Miscellaneous Procurement Provisions

• 45A.475 State depositories to render service pursuant to this chapter.
• 45A.480 Compliance with workers' compensation insurance and unemployment insurance laws required -- Foreign entity to obtain certificate of authority -- Penalty.
• 45A.485 Certain contracts required to mandate revealing of violations of and compliance with specified KRS chapters -- Effect of nondisclosure or noncompliance.
• 45A.487 Definitions for KRS 45A.487 and 45A.488.
• 45A.488 Restrictions on requirements relating to labor organizations in bid specifications and other contract documents -- Grants, tax abatements, and tax credits -- Exemption for threat to public health or safety.
• 45A.489 Price contracts for procurement of school bus accessory equipment -- List to be maintained by cabinet -- Access of list to school districts.
• 45A.600 Purchase of firearm by state employee -- Use of proceeds from sale.
• 45A.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.
• 45A.607 Required contract provision restricting contractor from participating in certain boycott actions -- Exceptions -- Administrative regulations.
• 45A.610 Purchase of starch-based plastic garbage can liners by state agencies.
• 45A.612 License agreements with marina operators -- Conditions.
• 45A.615 Life-cycle cost comparison of heating, ventilation, and air conditioning equipment in state buildings.
• 45A.620 Preference to high-calcium foods and beverages in purchasing for school meals.
• 45A.625 Implementation of procurement strategy for greater use of alternative fuel motor vehicles -- Reports.
• 45A.630 Definitions for KRS 45A.035, 45A.095, 45A.630, and 45A.645.
• 45A.640 Guidelines for use of procurement to support agricultural economy -- Changes to administrative regulations and policies.
• 45A.645 Agencies to purchase Kentucky-grown products meeting quality standards and pricing requirements if available -- Reports -- Marketing assistance -- Annual report -- Vendors' duties.
• 45A.650 Purchases under $50 -- Petty cash accounts.
• 45A.655 Imprest cash funds.
• 45A.657 Required use of public funds for election administration.
• 45A.660 Waiver of requirements on purchase from government.
• 45A.665 Definitions for KRS 45A.665 to 45A.685.
• 45A.670 Regulations relating to small or small minority businesses.
• 45A.675 Small or small minority business set aside.
• 45A.680 Withdrawal of designation of small or small minority business set aside.
• 45A.685 Short title.
• 45A.690 Definitions for KRS 45A.690 to 45A.725.
• 45A.695 Personal service contract procedures -- Tax incentive agreements.
• 45A.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.
• 45A.705 Government Contract Review Committee -- Membership -- Duties -- Meeting -- Vote required to act. (Effective until January 1, 2027).
• 45A.705 Government Contract Review Committee -- Membership -- Terms -- Vacancies -- Duties -- Meeting -- Vote required to act. (Effective January 1, 2027).
• 45A.710 Repealed, 1997.
• 45A.715 Certain contracts by Department of Revenue prohibited.
• 45A.717 Contingency fee for legal services under personal service contract -- Powers and duties of head of contracting body -- Review of responses to requests for proposals -- Limits on contingency fee -- Payment only from money received pursuant to judgment or settlement -- Standard addendum to contract -- Posting on Web sites -- Records -- Report -- Common law authority abrogated.
• 45A.720 Contract for executioner not subject to KRS 45A.690 to 45A.725.
• 45A.725 Authority of committee to establish policies and procedures relating to manner and form of notification and documentation to accompany personal service contract, tax incentive agreement, or memorandum of agreement.

Preference for Resident Bidders

• 45A.490 Definitions for KRS 45A.490 to 45A.494.
• 45A.492 Legislative declarations.
• 45A.494 Reciprocal preference to be given by governmental bodies to resident bidders -- List of states -- Administrative regulations.

Recycled Material Content Products

• 45A.500 Legislative findings.
• 45A.505 Definitions.
• 45A.510 Nonrecyclable materials may be purchased, when.
• 45A.515 Discrimination against purchase of recycled materials prohibited.
• 45A.520 Requirement of purchase of materials with minimum recycled content.
• 45A.523 Report on procurement of products made from recovered materials.
• 45A.525 Recycled material content provisions to be applied to contractors with a state agency.
• 45A.530 Recycled material content provisions to be applied to projects financed by bonds issued by state agency.
• 45A.535 Vendors to be informed.
• 45A.540 Purchase of materials with minimum recycled material content through central stores.

Privatization Contracts

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

Procurement of Architectural and Engineering Services

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

Architectural and Engineering Services

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

Underwriter and Bond Counsel Services

• 45A.840 Definitions for KRS 45A.840 to 45A.879.
• 45A.843 Selection committees.
• 45A.847 Orientation of committee members -- Committee to be attached to office.
• 45A.850 Selection of underwriter and bond counsel for various agencies -- Comanaging underwriters -- Review by Capital Projects and Bond Oversight Committee.
• 45A.853 Prequalification of underwriters and bond counsels -- Request for proposals -- Response -- First meeting of selection committee -- Second meeting.
• 45A.857 Executive sessions of selection committee -- Ranking -- Interviews -- Awarding of contract.
• 45A.860 Certification of circumstances that may or may not constitute violation of statutes -- Retention and inspection of logs and evaluation sheets.
• 45A.863 Antinepotism provisions.
• 45A.867 Emergency procedure.
• 45A.870 Procedure to take advantage of an innovation developed by a firm.
• 45A.873 Repealed, 2010.
• 45A.877 Reimbursement of underwriters for counsel retained by them for bond issuance -- Prohibition against state employee's recommending selection.
• 45A.879 Administrative regulations to be promulgated by January 1, 1995.

Penalties

• 45A.990 Penalties.