45A.030 Definitions for code.
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45A.030 Definitions for code.
As used in this code, unless the context requires otherwise: <br>(1) "Business" means any corporation, partnership, individual, sole proprietorship, joint
stock company, joint venture, or any other legal entity through which business is <br>conducted;
(2) "Change order" means a written order signed by the purchasing officer, directing the
contractor to make changes that the changes clause of the contract authorizes the <br>purchasing officer to order without the consent of the contractor;
(3) "Chief purchasing officer" means the secretary of the Finance and Administration
Cabinet, who shall be responsible for all procurement of the Commonwealth except <br>as provided by KRS Chapters 175, 176, 177, and 180;
(4) "Construction" means the process of building, altering, repairing, improving, or
demolishing any public structures or buildings, or other public improvements of any <br>kind to any public real property. It does not include the routine maintenance of <br>existing structures, buildings, or real property;
(5) "Construction manager-agency" means services to assist the purchasing agency
manage construction that are procured through a contract that is qualifications-<br>based;
(6) "Construction management-at-risk" means a project delivery method in which the
purchasing officer enters into a single contract with an offeror that assumes the risk <br>for construction at a contracted guaranteed maximum price as a general contractor, <br>and provides consultation and collaboration regarding the construction during and <br>after design of a capital project. The contract shall be subject to the bonding <br>requirements of KRS 45A.190;
(7) "Contract" means all types of state agreements, including grants and orders, for the
purchase or disposal of supplies, services, construction, or any other item. It <br>includes awards; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive <br>type; contracts providing for the issuance of job or task orders; leases; letter <br>contracts; purchase orders; and insurance contracts except as provided in KRS <br>45A.022. It includes supplemental agreements with respect to any of the foregoing;
(8) "Contract modification" means any written alteration in the specifications, delivery
point, rate of delivery, contract period, price, quantity, or other contract provisions <br>of any existing contract, whether accomplished by unilateral action in accordance <br>with a contract provision or by mutual action of the parties to the contract. It <br>includes bilateral actions, such as supplemental agreements, and unilateral actions, <br>such as change orders, administrative changes, notices of termination, and notices <br>of the exercise of a contract option;
(9) "Contractor" means any person having a contract with a governmental body; <br>(10) "Data" means recorded information, regardless of form or characteristic; <br>(11) "Design-bid-build" means a project delivery method in which the purchasing officer
sequentially awards separate contracts, the first for architectural, engineering, or <br>engineering-related services to design the project and the second for construction of
the capital project according to the design. The contract shall be subject to the <br>bonding requirements of KRS 45A.185;
(12) "Design-build" means a project delivery method in which the purchasing officer
enters into a single contract for design and construction of a capital project. The <br>contract shall be subject to the bonding requirements of KRS 45A.190;
(13) "Designee" means a duly authorized representative of a person holding a superior
position;
(14) "Document" means any physical embodiment of information or ideas, regardless of
form or characteristic, including electronic versions thereof;
(15) "Employee" means an individual drawing a salary from a governmental body,
whether elected or not, and any nonsalaried individual performing personal services <br>for any governmental body;
(16) "Governmental body" means any department, commission, council, board, bureau,
committee, institution, legislative body, agency, government corporation, or other <br>establishment of the executive or legislative branch of the state government;
(17) "Meeting" means all gatherings of every kind, including video teleconferences; <br>(18) "Negotiation" means contracting by either the method set forth in KRS 45A.085,
45A.090, or 45A.095;
(19) "Person" means any business, individual, organization, or group of individuals; <br>(20) "Procurement" means the purchasing, buying, renting, leasing, or otherwise
obtaining of any supplies, services, or construction. It includes all functions that <br>pertain to the procurement of any supply, service, or construction item, including <br>description of requirements, selection and solicitation of sources, preparation and <br>award of contract, and all phases of contract administration;
(21) "Purchase request" or "purchase requisition" means that document whereby a using
agency requests that a contract be obtained for a specified need, and may include, <br>but is not limited to, the technical description of the requested item, delivery <br>schedule, transportation, criteria for evaluation of solicitees, suggested sources of <br>supply, and information supplied for the making of any written determination and <br>finding required by KRS 45A.025;
(22) "Purchasing agency" means any governmental body that is authorized by this code
or its implementing administrative regulations or by way of delegation from the <br>chief purchasing officer to contract on its own behalf rather than through the central <br>contracting authority of the chief purchasing officer;
(23) "Purchasing officer" means any person authorized by a governmental body in
accordance with procedures prescribed by administrative regulations to enter into <br>and administer contracts and make written determinations and findings with respect <br>thereto. The term includes an authorized representative acting within the limits of <br>authority;
(24) "Services" means the rendering by a contractor of its time and effort rather than the
furnishing of a specific end product, other than reports that are merely incidental to <br>the required performance of services;
(25) "Supplemental agreement" means any contract modification that is accomplished by
the mutual action of the parties;
(26) "Supplies" means all property, including but not limited to leases of real property,
printing, and insurance, except land or a permanent interest in land;
(27) "Using agency" means any governmental body of the state that utilizes any supplies,
services, or construction purchased under this code;
(28) "Video teleconference" means one (1) meeting, occurring in two (2) or more
locations, where individuals can see and hear each other by means of video and <br>audio equipment; and
(29) "Writing" or "written" means letters, words, or numbers, or their equivalent, set
down by handwriting, typewriting, printing, photostating, photographing, magnetic <br>impulse, mechanical or electronic recording, or other form of data compilation.
Effective: June 24, 2003 <br>History: Amended 2003 Ky. Acts ch. 98, sec. 1, effective June 24, 2003. -- Amended
1998 Ky. Acts ch. 120, sec. 9, effective July 15, 1998; and ch. 486, sec. 1, effective <br>July 15, 1998. -- Amended 1982 Ky. Acts ch. 406, sec. 9, effective July 15, 1982. -- <br>Amended 1980 Ky. Acts ch. 250, sec. 5, effective April 9, 1980. -- Created 1978 Ky. <br>Acts ch. 110, sec. 7, effective January 1, 1979.
Legislative Research Commission Note (7/15/98). This section was amended by 1998
Ky. Acts chs. 120 and 486. Where these acts are not in conflict, they have been <br>codified together. Where a conflict exists, Acts ch. 486, which was last enacted by <br>the General Assembly, prevails under KRS 446.250.
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