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45A.095 Noncompetitive negotiation.

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Page 1 of 2 45A.095 Noncompetitive negotiation. (1) A contract may be made by noncompetitive negotiation only for sole source purchases, or when competition is not feasible, as determined by the purchasing <br>officer in writing prior to award, under administrative regulations promulgated by <br>the secretary of the Finance and Administration Cabinet or the governing boards of <br>universities operating under KRS Chapter 164A, or when emergency conditions <br>exist. Sole source is a situation in which there is only one (1) known capable <br>supplier of a commodity or service, occasioned by the unique nature of the <br>requirement, the supplier, or market conditions. Insofar as it is practical, no less <br>than three (3) suppliers shall be solicited to submit written or oral quotations <br>whenever it is determined that competitive sealed bidding is not feasible. Award <br>shall be made to the supplier offering the best value. The names of the suppliers <br>submitting quotations and the date and amount of each quotation shall be placed in <br>the procurement file and maintained as a public record. Competitive bids may not <br>be required: <br>(a) For contractual services where no competition exists, such as telephone service, electrical energy, and other public utility services; (b) Where rates are fixed by law or ordinance; <br>(c) For library books; <br>(d) For commercial items that are purchased for resale; <br>(e) For interests in real property; <br>(f) For visiting speakers, professors, expert witnesses, and performing artists; <br>(g) For personal service contracts executed pursuant to KRS 45A.690 to 45A.725; and (h) For agricultural products in accordance with KRS 45A.645. (2) The chief procurement officer, the head of a using agency, or a person authorized in writing as the designee of either officer may make or authorize others to make <br>emergency procurements when an emergency condition exists. (3) An emergency condition is a situation which creates a threat or impending threat to public health, welfare, or safety such as may arise by reason of fires, floods, <br>tornadoes, other natural or man-caused disasters, epidemics, riots, enemy attack, <br>sabotage, explosion, power failure, energy shortages, transportation emergencies, <br>equipment failures, state or federal legislative mandates, or similar events. The <br>existence of the emergency condition creates an immediate and serious need for <br>services, construction, or items of tangible personal property that cannot be met <br>through normal procurement methods and the lack of which would seriously <br>threaten the functioning of government, the preservation or protection of property, <br>or the health or safety of any person. (4) The Finance and Administration Cabinet may negotiate directly for the purchase of contractual services, supplies, materials, or equipment in bona fide emergencies <br>regardless of estimated costs. The existence of the emergency shall be fully <br>explained, in writing, by the head of the agency for which the purchase is to be <br>made. The explanation shall be approved by the secretary of the Finance and Page 2 of 2 Administration Cabinet and shall include the name of the vendor receiving the <br>contract along with any other price quotations and a written determination for <br>selection of the vendor receiving the contract. This information shall be filed with <br>the record of all such purchases and made available to the public. Where practical, <br>standard specifications shall be followed in making emergency purchases. In any <br>event, every effort should be made to effect a competitively established price for <br>purchases made by the state. Effective: July 15, 2002 <br>History: Amended 2002 Ky. Acts ch. 344, sec. 9, effective July 15, 2002. -- Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 30, effective May 30, 1997. -- Amended <br>1990 Ky. Acts ch. 496, sec. 4, effective July 13, 1990. -- Created 1978 Ky. Acts <br>ch. 110, sec. 20, effective January 1, 1979.