45A.810 Architectural services selection committees -- Engineering or engineering-related services selection committees -- Uses -- Membership.
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45A.810 Architectural services selection committees -- Engineering or engineering-
related services selection committees -- Uses -- Membership.
(1) (a) One (1) or more architectural services selection committees and one (1) or
more engineering or engineering-related services selection committees shall <br>be created in the Finance and Administration Cabinet.
(b) One (1) or more engineering and engineering-related services selection
committees shall be created in the Transportation Cabinet.
(2) Except when an emergency exists as defined by KRS 45A.095(3), when
architectural, engineering, or engineering-related services are procured under KRS <br>45A.837 and 45A.838, or when the project is constructed under KRS <br>45A.045(11)(a) or (b): <br>(a) An architectural services selection committee created in the Finance and
Administration Cabinet shall participate in every instance of that cabinet's <br>procuring architectural services;
(b) An engineering and engineering-related services selection committee created
in the Finance and Administration Cabinet shall participate in every instance <br>of that cabinet's procuring engineering or engineering-related services; and
(c) An engineering and engineering-related services selection committee created
in the Transportation Cabinet shall participate in every instance of that <br>cabinet's procuring engineering or engineering-related services.
(3) An architectural services selection committee created in the Finance and
Administration Cabinet shall consist of six (6) or more members selected in the <br>manner specified within each paragraph: <br>(a) Two (2) architects. The secretary of the Finance and Administration Cabinet
shall appoint a pool of at least six (6) architects who are employees of the <br>cabinet. At least three (3) of the architects shall be merit employees of the <br>cabinet. The secretary, or his designee, under the supervision of the Auditor of <br>Public Accounts, or his designee, shall randomly select architects from the <br>pool. The first employee selected shall be placed on the selection committee. <br>If the first employee selected is a merit employee, the second employee <br>selected shall be placed on the selection committee. If the first employee <br>selected is a nonmerit employee, the selection process shall continue until a <br>merit employee is selected. That merit employee shall be placed on the <br>selection committee;
(b) One (1) or more additional employees of the Department for Facilities
Management, appointed by the commissioner of the Department for Facilities <br>Management, to serve as a nonvoting technical adviser for a given project <br>selection. Advisory members shall serve on a project-by-project basis and <br>shall have the requisite knowledge, training, or experience pertaining to the <br>professional requirements of the project.
(c) Two (2) merit employees of the user agency appointed by the head of that
agency to serve for the duration of the selection committee's participation in <br>the project for which they were appointed by the user agency;
(d) An individual. The Kentucky Society of Architects shall nominate nine (9)
individuals, and the Governor shall appoint three (3) of these individuals to <br>serve in the pool from which the secretary of the Finance and Administration <br>Cabinet, or his designee, under the supervision of the Auditor of Public <br>Accounts, or his designee, shall randomly select one (1) individual to serve on <br>the committee;
(e) One (1) or more merit employees of the Auditor of Public Accounts,
appointed by the Auditor, who may, at the discretion of the Auditor, serve as <br>nonvoting members of the committee. If one (1) employee is appointed, then <br>that employee may attend any committee proceedings. If more than one (1) <br>employee is appointed, then either of the employees may attend any <br>committee proceeding; and
(f) Upon completion of the selection process set forth in this subsection, the
commissioner of the Department of Facilities Management shall submit a <br>statement to the Auditor of Public Accounts attesting to full compliance with <br>the selection process for each architectural firm appointed to provide <br>architectural services. In addition, a complete record of the selection process <br>for each project shall be maintained by the department and shall be subject to <br>audit by the Auditor of Public Accounts.
(4) The engineering and engineering-related services selection committee created in the
Finance and Administration Cabinet shall consist of six (6) or more members <br>selected in the manner specified in each paragraph: <br>(a) Two (2) engineers. The secretary of the Finance and Administration Cabinet
shall appoint a pool of at least six (6) engineers who are employees of the <br>cabinet. At least three (3) of the engineers shall be merit employees of the <br>cabinet. The secretary, or his designee, under the supervision of the Auditor of <br>Public Accounts, or his designee, shall randomly select engineers from the <br>pool. The first employee selected shall be placed on the selection committee. <br>If the first employee selected is a merit employee, the second employee <br>selected shall be placed on the selection committee. If the first employee <br>selected is a nonmerit employee, the selection process shall continue until a <br>merit employee is selected. That merit employee shall be placed on the <br>selection committee;
(b) Two (2) merit employees of the user agency appointed by the head of that
agency to serve for the duration of the selection committee's participation in <br>the project for which they were appointed by the user agency;
(c) An individual. The Kentucky Society of Professional Engineers and the
Kentucky Consulting Engineers Council shall together nominate nine (9) <br>individuals, and the Governor shall appoint three (3) of these individuals to <br>serve in the pool from which the secretary of the Finance and Administration <br>Cabinet, or his designee, under the supervision of the Auditor of Public <br>Accounts, or his designee, shall randomly select one (1) individual to serve on <br>the committee;
(d) One (1) or more merit employees of the Auditor of Public Accounts,
appointed by the Auditor, who may, at the discretion of the Auditor, serve as <br>nonvoting members of the committee. If one (1) employee is appointed, then <br>that employee may attend any committee proceedings. If more than one (1) <br>employee is appointed, then either of the employees may attend any <br>committee proceeding;
(e) One (1) or more additional employees of the Department for Facilities
Management to serve as nonvoting technical adviser for a specific project <br>selection. Advisory members shall serve on a project-by-project basis and <br>shall have the requisite knowledge, training, or experience pertaining to the <br>professional requirements of the project; and
(f) Upon completion of the selection process set forth in this subsection, the
commissioner of the Department of Facilities Management shall submit a <br>statement to the Auditor of Public Accounts attesting to full compliance with <br>the selection process for each firm appointed to provide engineering or <br>engineering-related services. In addition, a complete record of the selection <br>process for each project shall be maintained by the department and shall be <br>subject to audit by the Auditor of Public Accounts.
(5) The engineering and engineering-related services selection committee created in the
Transportation Cabinet shall consist of six (6) or more members selected in the <br>manner specified in each paragraph: <br>(a) Two (2) engineers. The secretary of the Transportation Cabinet shall appoint a
pool of six (6) engineers who are employees of the cabinet. At least three (3) <br>of the engineers shall be merit employees of the cabinet. The secretary, or his <br>designee, under the supervision of the Auditor of Public Accounts, or his <br>designee, shall randomly select engineers from the pool. The first employee <br>selected shall be placed on the selection committee. If the first employee <br>selected is a merit employee, the second employee selected shall be placed on <br>the selection committee. If the first employee selected is a nonmerit employee, <br>the selection process shall continue until a merit employee is selected. That <br>merit employee shall be placed on the selection committee;
(b) Two (2) engineers who are merit employees of the user division appointed by
the head of that division to serve for the duration of the selection committee's <br>participation in the project for which they were appointed by the user agency. <br>However, if two (2) user divisions have approximately equal responsibilities <br>or separate responsibilities for the project, each user division head shall <br>appoint one (1) member to the selection committee;
(c) An individual. The Kentucky Society of Professional Engineers and the
Kentucky Consulting Engineers Council shall together nominate nine (9) <br>individuals, and the Governor shall appoint three (3) of these individuals to <br>serve in the pool from which the secretary of the Transportation Cabinet, or <br>his designee, under the supervision of the Auditor of Public Accounts, or his <br>designee, shall randomly select one (1) individual to serve on the committee;
(d) One (1) or more merit employees of the Auditor of Public Accounts,
appointed by the Auditor, who may, at the discretion of the Auditor, serve as <br>nonvoting members of the committee. If one (1) employee is appointed, then <br>that employee may attend any committee proceedings. If more than one (1) <br>employee is appointed, then either of the employees may attend any <br>committee proceeding; and
(e) Upon completion of the selection process set forth in this subsection, the
commissioner of the Department of Highways shall submit a statement to the <br>Auditor of Public Accounts attesting to full compliance with the selection <br>process for each firm appointed to provide engineering or engineering-related <br>services. In addition, a complete record of the selection process for each <br>project shall be maintained by the department and shall be subject to audit by <br>the Auditor of Public Accounts.
(6) (a) All selection committee members shall have experience which qualifies them
to serve on the committee.
(b) The same appointment procedures set out in this section apply to any user
agency or user division listed in subsection (3), (4), or (5) of this section that <br>does not operate under a merit system.
(c) Any individual appointed to serve in a pool from which selection committee
members are drawn shall serve in the pool for an initial one (1) year term and <br>may be reappointed to succeed himself. He shall serve until his successor is <br>appointed and qualified. A successor or a replacement, in the case of a <br>vacancy in the pool, shall be appointed in the same manner as the initial <br>appointee. If a selection committee member, drawn from a pool, leaves a <br>selection committee, his replacement shall be drawn from the pool in the same <br>manner as he. The replacement shall have the merit or nonmerit status of his <br>predecessor.
(d) Any individual appointed by the Auditor of Public Accounts to serve on
selection committees shall serve an initial one (1) year term and may be <br>reappointed to succeed himself. He shall serve until his successor is appointed <br>and qualified. A successor or a replacement, in the case of a vacancy, shall be <br>appointed in the same manner as the initial appointee.
(e) The selection committee members appointed by the head of a user agency or
user division shall serve on a project-by-project basis. These members shall <br>participate only in committee action related to the project for which they were <br>appointed. A replacement, in the case of a vacancy, shall be appointed in the <br>same manner as the initial appointee.
Effective: April 3, 1998 <br>History: Amended 1998 Ky. Acts ch. 319, sec. 4, effective April 3, 1998. -- Amended
1996 Ky. Acts ch. 246, sec. 2, effective July 15, 1996. -- Amended 1994 Ky. Acts <br>ch. 95, sec. 2, effective July 15, 1994. </p>
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