45A.085 Competitive negotiation.
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sealed bidding is not practicable, and except as provided in KRS 45A.095 and
45A.100, a contract may be awarded by competitive negotiation, which may include
the use of a reverse auction. (2) Adequate public notice of the request for proposals and any reverse auction shall be given in the same manner and circumstances as provided in KRS 45A.080(3). (3) Contracts other than contracts for projects utilizing an alternative project delivery method under KRS 45A.180 may be competitively negotiated when it is determined
in writing by the purchasing officer that the bids received by competitive sealed
bidding either are unreasonable as to all or part of the requirements, or were not
independently reached in open competition, and for which each competitive bidder
has been notified of the intention to negotiate and is given reasonable opportunity to
negotiate. (4) Contracts for projects utilizing an alternative project delivery method shall be processed in accordance with KRS 45A.180. (5) The request for proposals shall indicate the relative importance of price and other evaluation factors, and any reverse auction procedures. (6) Award shall be made to the responsible and responsive offeror whose proposal is determined in writing to be the most advantageous to the Commonwealth, taking
into consideration price and the evaluation factors set forth in the request for
proposals and the reciprocal preference for resident bidders required under KRS
45A.494. (7) Written or oral discussions shall be conducted with all responsible offerors who submit proposals determined in writing to be reasonably susceptible of being
selected for award. Discussions shall not disclose any information derived from
proposals submitted by competing offerors. Discussions need not be conducted:
(a) With respect to prices, where the prices are fixed by law, reverse auction, or administrative regulation, except that consideration shall be given to
competitive terms and conditions; (b) Where time of delivery or performance will not permit discussions; or
(c) Where it can be clearly demonstrated and documented from the existence of adequate competition or prior experience with the particular supply, service,
or construction item, that acceptance of an initial offer without discussion
would result in fair and reasonable best value procurement, and the request for
proposals notifies all offerors of the possibility that award may be made on the
basis of the initial offers. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 63, sec. 4, effective July 15, 2010; and ch. 162, sec. 8, effective July 15, 2010. -- Amended 2003 Ky. Acts ch. 98, sec. 5, effective
June 24, 2003. -- Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 28, effective
May 30, 1997. -- Amended 1979 (1st Extra. Sess.) Ky. Acts ch. 9, sec. 2, effective February 10, 1979. -- Created 1978 Ky. Acts ch. 110, sec. 18, effective January 1,
1979. Legislative Research Commission Note (7/15/2010). This section was amended by 2010 Ky. Acts chs. 63 and 162, which do not appear to be in conflict and have been
codified together. Legislative Research Commission Note (10/19/2004). 2004 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 2, provides, "Notwithstanding KRS 18A.225, 45A.022, 45A.080,
45A.085, 45A.090, 45A.225 to 45A.290, or any other provision of KRS Chapter 45A
to the contrary, retroactive to August 12, 2004, the Finance and Administration
Cabinet shall implement the provisions of this Act by amending the previously
negotiated contracts for public employee health insurance. The secretary of the
Finance and Administration Cabinet shall provide an actuarial certification that the
self-insured contract amounts are actuarially sound. Any contracts entered into or
modified pursuant to this section shall be forwarded to the Legislative Research
Commission."