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Kentucky Revised Statutes (Last Updated: May 10, 2014) |
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TITLE VI. FINANCIAL ADMINISTRATION |
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CHAPTER 45A. KENTUCKY MODEL PROCUREMENT CODE |
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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 Repealed, 1992.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. |
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. |
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. |