45A.345 Definitions for KRS 45A.343 to 45A.460.
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(1) "Aggregate amount" means the total dollar amount during a fiscal year of items of a like nature, function, and use the need for which can reasonably be determined at
the beginning of the fiscal year. Items the need for which could not reasonably be
established in advance or which were unavailable because of a failure of delivery
need not be included in the aggregate amount. (2) "Capital cost avoidance" means moneys expended by a local public agency to pay for an energy conservation measure identified as a permanent equipment
replacement and whose cost has been discounted by any additional energy and
operation savings generated from other energy conservation measures identified in
the guaranteed energy savings contract, except that for school districts capital cost
avoidance shall also mean moneys expended by the district from one (1) or more of
the following sources:
(a) General fund;
(b) Capital outlay allotment under KRS 157.420; and
(c) State and local funds from the Facilities Support Program of Kentucky under KRS 157.440. (3) "Chief executive officer" means the mayor, county judge/executive, superintendent of schools, or the principal administrative officer of a local public agency, or the
person designated by the chief executive officer or legislative body of the local
public agency to perform the procurement function. (4) "Construction" means the process of building, altering, repairing, or improving any public structure or building, or other public improvements of any kind to any public
real property. It does not include the routine operation, routine repair, or routine
maintenance of existing structures, buildings, or real property. (5) "Contract" means all types of local public agency agreements, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other
item. It includes awards and notices of award; contracts of a fixed-price, cost, cost-
plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job or
task orders; leases; letter contracts; and purchase orders. It also includes
supplemental agreements with respect to any of the foregoing. It does not include
labor contracts with employees of local public agencies. (6) "Document" means any physical embodiment of information or ideas, regardless of form or characteristic, including electronic versions thereof. (7) "Established catalogue price" means the price included in the most current catalogue, price list, schedule, or other form that:
(a) Is regularly maintained by the manufacturer or vendor of an item; and
(b) Is either published or otherwise available for inspection by customers; and
(c) States prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for that item. Page 2 of 4 (8) "Evaluated bid price" means the dollar amount of a bid after bid price adjustments are made pursuant to objective measurable criteria, set forth in the invitation for
bids, which affect the economy and effectiveness in the operation or use of the
product, such as reliability, maintainability, useful life, residual value, and time of
delivery, performance, or completion. (9) "Invitation for bids" means all documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in
KRS 45A.365. (10) "The legislative body or governing board" means a council, commission, or other legislative body of a city, consolidated local government, or urban-county; a county
fiscal court; board of education of a county or independent school district; board of
directors of an area development district or special district; or board of any other
local public agency. (11) "Local public agency" means a city, county, urban-county, consolidated local government, school district, special district, or an agency formed by a combination
of such agencies under KRS Chapter 79, or any department, board, commission,
authority, office, or other sub-unit of a political subdivision which shall include the
offices of the county clerk, county sheriff, county attorney, coroner, and jailer. (12) "May" means permissive. However, the words "no person may . . ." mean that no person is required, authorized, or permitted to do the act prescribed. (13) "Negotiation" means contracting by either the method set forth in KRS 45A.370, 45A.375, or 45A.380. (14) "Noncompetitive negotiation" means informal negotiation with one (1) or more vendor, contractor, or individual without advertisement or notice. (15) "Objective measurable criteria" means sufficient information in the invitation to bid as to weight and method of evaluation so that the evaluation may be determined
with reasonable mathematical certainty. Criteria which are otherwise subjective,
such as taste and appearance, may be established when appropriate. (16) "Person" means any business, individual, union, committee, club, or other organization or group of individuals. (17) "Procurement" means the purchasing, buying, renting, leasing, or otherwise obtaining any supplies, services, or construction. It also includes all functions that
pertain to the obtaining of any public procurement, including description of
requirements, selection, and solicitation of sources, preparation and award of
contract, and all phases of contract administration. (18) "Request for proposals" means all documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set
forth in KRS 45A.370, 45A.375, 45A.380, or 45A.385. (19) "Responsible bidder or offeror" means a person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability
which will assure good faith performance. (20) "Responsive bidder" means a person who has submitted a bid under KRS 45A.365 which conforms in all material respects to the invitation for bids, so that all bidders Page 3 of 4 may stand on equal footing with respect to the method and timeliness of submission
and as to the substance of any resulting contract. (21) "Reverse auction" means a real-time, structured bidding process, usually lasting less than one (1) hour, and taking place at a previously scheduled time and Internet
location, during which multiple bidders, anonymous to each other, submit revised,
lower bids to provide the solicited good or leased space. (22) "Services" means the rendering, by a contractor, of its time and effort rather than the furnishing of a specific end product other than reports which are merely incidental
to the required performance of service. It does not include labor contracts with
employees of local public agencies. (23) "Shall" means imperative.
(24) "Specifications" means any description of a physical or functional characteristic of a supply, service, or construction item. It may include a description of any
requirement for inspecting, testing, or preparing a supply, service, or construction
item for delivery. (25) "Supplemental agreement" means any contract modification which is accomplished by the mutual action of the parties. (26) "Supplies" means all property, including but not limited to leases on real property, printing, and insurance, except land or a permanent interest in land. (27) "Energy conservation measure" means a training program or facility alteration designed to reduce energy consumption or operating costs, and may include one (1)
or more of the following:
(a) Insulation of the building structure or systems within the building;
(b) Storm windows or doors, caulking or weatherstripping, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door
systems, additional glazing, reductions in glass area, or other window and
door system modifications that reduce energy consumption; (c) Automated or computerized energy control systems;
(d) Heating, ventilating, or air conditioning system modifications or replacements; (e) Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of
a facility, unless an increase in illumination is necessary to conform to the
applicable state or local building code for the lighting system after the
proposed modifications are made; (f) Energy recovery systems;
(g) Cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings; (h) Energy, water, or wastewater conservation measures that provide long-term operating cost reductions or billable revenue increases; (i) Any life safety measures that provide long-term operating cost reductions; Page 4 of 4 (j) Water and wastewater conservation measures, including plumbing fixtures and infrastructure; (k) Equipment upgrades that improve the accuracy of billable revenue generating systems; or (l) Automated, electronic, or remotely controlled systems or measures that reduce direct personnel costs. (28) "Guaranteed energy savings contract" means a contract for the evaluation and recommendation of energy, water, and wastewater conservation measures and for
implementation of one (1) or more of those measures. The contract shall provide
that all payments, except obligations on termination of the contract before its
expiration, are to be made over time and the savings are guaranteed to the extent
necessary to make payments for the cost of the design, installation, and maintenance
of energy, water, and wastewater conservation measures. (29) "Qualified provider" means a person or business experienced in the design, implementation, and installation of energy, water, and wastewater conservation
measures and is determined to be qualified by the local public agency. The qualified
provider shall be responsible for and shall provide the local public agency with the
following information regarding guaranteed energy, water, and wastewater savings
contracts:
(a) Project design and specifications;
(b) Construction management;
(c) Construction;
(d) Commissioning;
(e) On-going services as required;
(f) Measurement and verification of savings for guaranteed energy, water, and wastewater savings contracts; and (g) Annual reconciliation statements as provided in KRS 45A.352(8). Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 63, sec. 6, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 163, sec. 1, effective June 20, 2005. -- Amended 2002 Ky. Acts
ch. 346, sec. 12, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 120, sec. 12,
effective July 15, 1998; and ch. 375, sec. 2, effective July 15, 1998. -- Amended
1996 Ky. Acts ch. 203, sec. 2, effective July 15, 1996. -- Amended 1994 Ky. Acts
ch. 491, sec. 3, effective July 15, 1994. -- Amended 1980 Ky. Acts ch. 250, sec. 8,
effective April 9, 1980. -- Created 1978 Ky. Acts ch. 110, sec. 70, effective January
1, 1980.