Kentucky Model Procurement Code

005. Title.

010. Construction -- Purposes and policies.

015. General provisions of law applicable -- Obligation of good faith.

020. Application of code -- Construction.

022. Application of chapter to insurance contracts.

023. Multiyear federal grant project agreements -- Legislative discontinuation.

025. Determination.

030. Definitions for code.

035. Secretary to adopt regulations.

040. Procurement activities -- Distribution.

045. Authority of cabinet -- Authority to promulgate administrative regulations.

047. Disposition of firearms or ammunition owned by state agency -- Disposition of proceeds upon sale -- Restriction on purchase of body armor for service animal.

050. Centralization of procurement -- Exemptions -- Reciprocal preference for resident bidders.

055. State purchasing regulations.

060. Relationship with using agencies.

065. Advisory councils -- Procurement institute.

067. Requirement for registration with Department of Revenue to collect and remit sales and use tax -- Exemption -- Applicability to foreign persons -- Administrative regulation.

070. Definitions for KRS 45A.070 to 45A.180.

075. Methods of awarding state contracts.

080. Competitive sealed bidding.

085. Competitive negotiation.

090. Negotiation after competitive sealed bidding when all bids exceed available funds.

095. Noncompetitive negotiation.

100. Small purchases by state governmental bodies.

105. Cancellation of invitations for bids or requests for proposals.

110. Responsibility of bidders and offerors -- Determination -- Right of nondisclosure.

115. Prequalification of suppliers.

120. Cost or pricing data -- Price adjustment.

125. Cost plus contract prohibited.

130. Cost reimbursement contracts.

135. Types of contracts.

140. Accounting system.

145. Multiyear contracts.

150. Right to inspect -- Right to audit.

155. Finality of determinations.

160. Reporting of suspected collusion -- Documents.

165. Report of contracts made under KRS 45A.095.

170. Specifications -- Items considered equal may be furnished.

175. Repealed, 1992. [Repealed]

180. Selection of method of construction contracting management.

181. Requirements for request for proposal when capital project is to be constructed utilizing the design-build construction method.

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.

183. Selection committee procedures to apply when capital project is to be constructed utilizing the construction management-at-risk method.

184. Selection committee procedures to apply when procuring services of construction manager-agency for a fee.

185. Bid bonds.

187. Limitations on use of reverse auction process.

190. Performance bond and payment bond -- Recommendations on whether performance bond should be required -- Audit of contract performance -- Release from performance bond.

195. Bond forms.

200. Contract adjustment clauses -- Termination clause.

205. Repealed, 1992. [Repealed]

210. Issuance of regulations concerning modification and termination of contracts by Commonwealth.

215. Cost principles regulations required.

225. Definitions and applicability.

230. Authority of secretary to settle claims.

235. Action on contract claims or controversies.

240. Definitions for terms used in KRS 45A.225 to 45A.290.

245. Action on contract -- Damages.

250. Findings of court.

255. Appeals from Circuit Court.

260. Limitations on claims.

265. One recovery only.

270. Presentation of judgment for payment -- Appropriations.

275. Judgments against Commonwealth up to $500,000 deemed necessary governmental expense.

280. Presumption of correctness.

285. Filing of protest -- Decision by secretary.

290. Effect of protest.

295. Definitions for terms used in KRS 45A.295 to 45A.320.

300. Cooperative purchasing.

305. Personnel, information, and technical services -- Schedule of fees.

310. Use of payments -- Compliance with code requirements -- Review of procurement requirements.

315. Resolution of disputes.

320. Effect of federal grants upon public purchasing units.

325. Collusion to restrain bids prohibited.

330. Purpose of KRS 45A.330 to 45A.340.

335. Definitions for terms used in KRS 45A.330 to 45A.340.

340. Conflicts of interest of public officers and employees.

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.

345. Definitions for KRS 45A.343 to 45A.460.

350. Repealed, 1984. [Repealed]

351. Declaration of public policy on preservation of Commonwealth's natural resources through energy efficiency.

352. Guaranteed energy savings contracts involving local public agencies.

353. Extension of guaranteed energy savings contract -- Documentation of savings -- Lease-purchase agreements -- Exemption from debt limitations.

355. Determinations -- Finality.

360. Administrative regulations.

365. Competitive sealed bidding.

370. Competitive negotiation.

375. Negotiations after competitive sealed bidding when all bids exceed available funds -- Action when no bids received.

380. Noncompetitive negotiation.

385. Small purchases by local public agencies.

390. Cancellation.

395. Determination of responsibility -- Right of nondisclosure.

400. Prequalification of bidders and offerors.

405. Cost or pricing data.

410. Inspection of contractor's place of business -- Audit of records.

415. Specifications -- Items considered equal may be furnished -- Proprietary products.

420. Cooperative purchasing -- Price agreements with Commonwealth.

425. Surplus or excess property.

430. Bid bonds.

435. Contract performance and payment bonds.

440. Bond forms, filings, and copies.

445. Definitions for terms used in KRS 45A.445 to 45A.460.

450. Statement of public policy.

455. Conflict of interest -- Gratuities and kickbacks -- Use of confidential information.

460. Recovery of value of anything transferred or received in breach of ethical standards.

465. Definitions for KRS 45A.470.

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.

475. State depositories to render service pursuant to this chapter.

480. Compliance with workers' compensation insurance and unemployment insurance laws required -- Foreign entity to obtain certificate of authority -- Penalty.

485. Certain contracts required to mandate revealing of violations of and compliance with specified KRS chapters -- Effect of nondisclosure or noncompliance.

Preference for Resident Bidders

490. Definitions for KRS 45A.490 to 45A.494.

492. Legislative declarations.

494. Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations.

Recycled Material Content Products

500. Legislative findings.

505. Definitions.

510. Nonrecyclable materials may be purchased, when.

515. Discrimination against purchase of recycled materials prohibited.

520. Requirement of purchase of materials with minimum recycled content.

523. Report on procurement of products made from recovered materials.

525. Recycled material content provisions to be applied to contractors with a state agency.

530. Recycled material content provisions to be applied to projects financed by bonds issued by state agency.

535. Vendors to be informed.

540. Purchase of materials with minimum recycled material content through central stores.

Privatization Contracts

550. Definitions for KRS 45A.550 to 45A.554 and KRS 11A.130.

551. Procedures for state agency privatization contracts.

552. Cabinet to develop process for evaluating information when determining whether to approve privatization contract -- Administrative regulations.

553. Contracting agency evaluation and report -- Cabinet report.

554. Construction of KRS 45A.550 to 45A.554 and KRS 11A.130.

Miscellaneous Procurement Provisions

600. Purchase of handgun by state employee upon retirement -- Use of proceeds from sale.

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.

610. Purchase of starch-based plastic garbage can liners by state agencies.

615. Life-cycle cost comparison of heating, ventilation, and air conditioning equipment in state buildings.

620. Preference to high-calcium foods and beverages in purchasing for school meals.

625. Procurement strategy for greater use of alternative fuel motor vehicles -- Reports.

630. Definitions for KRS 45A.035, 45A.095, 45A.630, and 45A.645.

640. Guidelines for use of procurement to support agricultural economy -- Changes to administrative regulations and policies.

645. Agencies to purchase Kentucky-grown products meeting quality standards and pricing requirements if available -- Reports -- Marketing assistance -- Annual report -- Vendors' duties.

650. Purchases under $50 -- Petty cash accounts.

655. Imprest cash funds.

660. Waiver of requirements on purchase from government.

665. Definitions for KRS 45A.665 to 45A.685.

670. Regulations relating to small or small minority businesses.

675. Small or small minority business set aside.

680. Withdrawal of designation of small or small minority business set aside.

685. Short title.

690. Definitions for KRS 45A.690 to 45A.725.

695. Personal service contract procedures -- Tax incentive agreements.

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.

705. Government Contract Review Committee -- Membership -- Duties -- Meeting -- Vote required to act.

710. Repealed, 1997. [Repealed]

715. Certain contracts by Department of Revenue prohibited.

720. Contract for executioner not subject to KRS 45A.690 to 45A.725.

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.

Procurement of Architectural and Engineering Services

730. Definitions for KRS 45A.730 to 45A.750.

735. Authorization for local public agency to adopt KRS 45A.740, 45A.745, and 45A.750 -- Effect of adoption -- Qualification statements.

740. Procedures for proposed project requiring architectural or engineering services.

745. Criteria for evaluation of interested firms.

750. Negotiation of contract.

Architectural and Engineering Services

800. Definitions for KRS 45A.800 to 45A.835, 45A.195, 45A.440, and 45A.695.

803. Engineering or related services for federal highway project.

805. Legislative findings of policy.

807. Deadline for promulgation of certain administrative regulations by Finance and Administration Cabinet and Transportation Cabinet.

810. Architectural services selection committees -- Engineering or engineering-related services selection committees -- Uses -- Membership.

815. Requirements of procuring agency for selection committee.

820. Compensation and expense reimbursement of selection committee members.

825. Prequalification of interested firms -- Request for proposals -- Responses -- Procedures for evaluating proposals and negotiating contract -- Exception.

827. Criterion to break tie vote of selection committee.

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.

835. Persons who are prohibited from serving in pool or on selection committee.

836. Eligibility of entities selected under KRS 45A.810 to act as offerors in certain circumstances.

837. Price contracts for architectural, engineering, and engineering-related services -- Review procedure required.

838. Establishment and operation of pool of firms to provide professional contract services -- Administrative regulations to be promulgated by Transportation Cabinet.

Underwriter and Bond Counsel Services

840. Definitions for KRS 45A.840 to 45A.879.

843. Selection committees.

847. Orientation of committee members -- Committee to be attached to office.

850. Selection of underwriter and bond counsel for various agencies -- Comanaging underwriters.

853. Prequalification of underwriters and bond counsels -- Request for proposals -- Response -- First meeting of selection committee -- Second meeting.

857. Executive sessions of selection committee -- Ranking -- Interviews -- Awarding of contract.

860. Certification of circumstances that may or may not constitute violation of statutes -- Retention and inspection of logs and evaluation sheets.

863. Antinepotism provisions.

867. Emergency procedure.

870. Procedure to take advantage of an innovation developed by a firm.

873. Repealed, 2010. [Repealed]

877. Reimbursement of underwriters for counsel retained by them for bond issuance -- Prohibition against state employee's recommending selection.

879. Administrative regulations to be promulgated by January 1, 1995.

Penalties

990. Penalties.