CHAPTER 45A 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 adopt 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.080 Competitive sealed bidding.
- 45A.085 Competitive negotiation.
- 45A.090 Negotiation after competitive sealed bidding when all bids exceed available funds.
- 45A.095 Noncompetitive negotiation.
- 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- 45A.175 Repealed, 1992.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 utilizing the construction management-at-risk method.
- 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 terms used in 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.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.
- 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
- 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.
- 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 p
- 45A.475 State depositories to render service pursuant to this chapter.
- 45A.480 Compliance with workers' compensation insurance and unemployment insurance laws required -- Penalty.
- 45A.485 Certain contracts required to mandate revealing of violations of and compliance with specified KRS chapters -- Effect of nondisclosure or noncompliance.
- 45A.490 Definitions for KRS 45A.490 to 45A.494.
- 45A.492 Legislative declarations.
- 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations.
- 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.
- 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.
- 45A.600 Purchase of handgun by state employee upon retirement -- 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 contrac
- 45A.610 Purchase of starch-based plastic garbage can liners by state agencies.
- 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 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.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 routi
- 45A.705 Government Contract Review Committee -- Membership -- Duties -- Meeting -- Vote required to act.
- 45A.710 Repealed, 1997.
- 45A.715 Certain contracts by Department of Revenue prohibited.
- 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 me
- 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.
- 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.
- 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.
- 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.
- 45A.990 Penalties.