2025 Kentucky Revised Statutes Chapter 45A - Kentucky model procurement code 45A.837 Price contracts for architectural, engineering, and engineering-related services -- Review procedure required.
Universal Citation:
KY Rev Stat § 45A.837 (2025)
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45A.837 Price contracts for architectural, engineering, and engineering-related
services -- Review procedure required.
(1)
(2)
(3)
Notwithstanding the provisions of KRS 45A.800 to 45A.835, the Finance and
Administration Cabinet, the Department of Fish and Wildlife Resources, and the
Transportation Cabinet may enter into price contracts for architectural, engineering,
and engineering-related services. If the agencies choose to enter into a price
contract, subsection (2) of this section shall apply.
Price contracts shall be awarded to firms qualified by the Finance and
Administration Cabinet, Department of Facilities Management or by the
Transportation Cabinet, Department of Highways. The Finance and Administration
Cabinet selection committee established by KRS 45A.810 shall meet at least
quarterly during each fiscal year to review and make recommendations to the
commissioner of the Department for Facilities Management for qualification of
interested firms. The Transportation Cabinet selection committee established by
KRS 45A.810 shall meet at least quarterly during each fiscal year to review and
make recommendations to the commissioner of the Department of Highways for
qualification of interested firms.
(a) The respective committees shall evaluate those firms submitting statements of
interest in obtaining a price contract. The submitting firms shall be reviewed
according to the following criteria:
1.
Qualifications;
2.
Ability of professional personnel; and
3.
Past record and experience.
(b) Firms qualified by the commissioner of the Department for Facilities
Management or by the commissioner of the Department of Highways shall be
awarded price contracts by the respective departments for the type of work for
which they have been qualified.
(c) The commissioner of the Department for Facilities Management, the
commissioner of the Department of Fish and Wildlife Resources, or the
commissioner of the Department of Highways may select firms to perform
work under price contract for small projects for which the architectural,
engineering, or engineering-related fees do not exceed one hundred fifty
thousand dollars ($150,000). However, no firm that has received more than
three hundred thousand dollars ($300,000) in price contract fees in any one
(1) fiscal year in the contract discipline being awarded shall be selected to
work under a price contract unless the secretary of the Finance and
Administration Cabinet, the secretary of the Transportation Cabinet, or the
commissioner of the Department of Fish and Wildlife Resources makes a
written determination that the selection is in the best interest of the
Commonwealth and the determination is confirmed by the appropriate
cabinet's or department's selection committee established by KRS 45A.810.
Notwithstanding any provision of the Kentucky Revised Statutes, no price contract
shall be awarded under the provisions of this section before completion of the
review procedure provided for in KRS 45A.695 and 45A.705.
Effective: March 29, 2023
History: Amended 2023 Ky. Acts ch. 92, sec. 44, effective March 24, 2023; and ch.
139, sec. 10, effective March 29, 2023. -- Amended 2015 Ky. Acts ch. 105, sec. 12,
effective June 24, 2015. -- Created 1998 Ky. Acts ch. 319, sec. 1, effective April 3,
1998.
Legislative Research Commission Note (3/29/2023). 2023 Ky. Acts ch. 139, sec. 22,
provides, "The requirements of this Act shall apply to all procurements and
acquisitions of interests in real property undertaken by, or for the benefit of, the
Department of Fish and Wildlife Resources, including procurements and acquisitions
of interests in real property that commenced prior to the effective date of this Act
[March 29, 2023]."
Legislative Research Commission Note (3/29/2023). This statute was amended by 2023
Ky. Acts chs. 92 and 139, which do not appear to be in conflict and have been
codified together.
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