Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
45A.035 authorizes the Secretary of the
Finance and Administration Cabinet to promulgate administrative regulations for
the implementation of the Kentucky Model Procurement Code (KRS Chapter 45A).
KRS
45A.095(1) requires the
cabinet to promulgate administrative regulations concerning noncompetitive
negotiations. This administrative regulation implements the provisions of
KRS
45A.095.
Section
1. Contracts may be awarded on the basis of noncompetitive
negotiations only for:
(1) Telephone,
electrical energy, and other public utility services;
(2) Other services provided within a defined
geographic area pursuant to a franchise awarded pursuant to law by a city,
county, or other political subdivision authorized to award the
franchise;
(3) Purchase or lease of
a telephone system to serve the internal needs of state agencies or
institutions;
(4) Commodities,
equipment, or services available from a sole source, as determined by the
purchasing officer in writing;
(5)
Instructional materials, equipment, or supplies available from a sole source
and necessary to a particular instructional program, as determined by the
purchasing officer in writing;
(6)
Special supplies or equipment required for laboratory or experimental studies
and necessary to a particular study, as determined by the purchasing officer in
writing;
(7) Contracts or
subscriptions for the purchase of published books, maps, periodicals, technical
pamphlets, and except for those specially commissioned for use by an agency
which shall be contracted for as provided by subsection (9) of this section,
recordings, films, and works of art for museum or public display;
(8) Commercial items purchased from a
wholesaler, manufacturer, or producer of the item for, and not requiring
modification or alteration prior to, resale to the general public through a
resale outlet maintained by a state agency;
(9) Professional, technical, scientific, or
artistic services, or agreements with multiple vendors of medical or health
care and related services, and fixed rates of payment for those services as
prescribed by state or federal law or administrative regulations, and entered
into for the benefit of persons who are wards of the Commonwealth, or who are
otherwise entitled pursuant to law to the provision of health care and related
services by the Commonwealth;
(10)
Commodities, supplies, equipment, or construction services that would
ordinarily be purchased on a competitive basis if an emergency has been
declared in the manner prescribed by
KRS
45A.095(2) and
(3);
(11) Supplies, equipment or services from the
Government of the United States, another state, or a political subdivision of
the Commonwealth, or nonprofit organization organized under the laws of the
Commonwealth, another state or the District of Columbia, or chartered under an
Act of Congress, and lawfully doing business in the Commonwealth of Kentucky,
and serving a public purpose of an essentially government, civic, educational
or charitable nature;
(12)
Contracts with vendors who maintain a general service administration price
agreement with the United States of America, if the contract between the
Commonwealth and the vendor does not authorize a price higher than is contained
in the contract between general service administration and the
vendor;
(13) Purchase of real
property or interests in real property;
(14) Purchase of fresh food and perishable
items which cannot reasonably be acquired through competitive sealed bidding;
and
(15) Purchase of limited goods
or services that cannot reasonably or practically be obtained through
competitive sealed bidding as determined by the executive director of the
Office of Material and Procurement Services.
Section 2. Contracts for professional,
technical, scientific, or artistic services under Section 1(9) of this
administrative regulation shall be awarded as provided in
KRS
45A.690 to
45A.725,
except that contracts for architectural or engineering services shall be
awarded in accordance with
KRS
45A.800 to
45A.838.