Kentucky Statutes 82.084 – Exemption from procurement and advertising requirements for certain purchases
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KRS § 45A.345 to KRS § 45A.460 and 424.260 shall not apply to city governments, urban-county governments, or consolidated local governments for the purchase of:
(1) Products or services when there is a single source of the product or service to be procured within a reasonable geographic area;
(2) Products needed as replacement parts for personal property or equipment where the need cannot be reasonably anticipated and maintaining an inventory of replacement parts is not feasible; and
(3) Products or services that are provided by:
(a) Entities recognized by the Office of Vocational Rehabilitation under KRS Chapter 163 that operate programs for the rehabilitation of individuals who are blind or visually impaired;
(b) Agencies for individuals with severe disabilities as described in KRS
45A.465;
(c) A qualified veterans’ workshop providing job and employment-skill training to veterans where such a workshop is operated by the United States Department of Veterans Affairs;
(d) Nonprofit organizations, employment services organizations, or other private business organizations with established operations within the jurisdiction of the city, urban-county government, or consolidated local government with the main mission or business purpose of serving individuals with disabilities by offering transitional or supported employment services or other rehabilitative programs and services, including but not limited to serving individuals with severe mental or physical disabilities or those recovering from substance abuse disorders; or
(e) Nonprofit community service organizations operating within the jurisdiction of the city, urban-county government, or consolidated local government when there is a determination in the official record of the legislative body that the purchase of the products or services would serve a mutual benefit to the government and the organization by:
1. Furthering the purposes of the organization;
2. Providing a service or product needed by the government;
3. Advancing a specific public purpose; and
4. Serving the best interest of the public.
If two (2) or more organizations meet the qualifications set out in this paragraph, then the government shall award the contract to one (1) of the qualifying organizations using the selection criteria of its adopted competitive bidding process.
Effective: June 29, 2023
History: Created 2023 Ky. Acts ch. 63, sec. 6, effective June 29, 2023.
(1) Products or services when there is a single source of the product or service to be procured within a reasonable geographic area;
Terms Used In Kentucky Statutes 82.084
- City: includes town. See Kentucky Statutes 446.010
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Personal property: All property that is not real property.
(2) Products needed as replacement parts for personal property or equipment where the need cannot be reasonably anticipated and maintaining an inventory of replacement parts is not feasible; and
(3) Products or services that are provided by:
(a) Entities recognized by the Office of Vocational Rehabilitation under KRS Chapter 163 that operate programs for the rehabilitation of individuals who are blind or visually impaired;
(b) Agencies for individuals with severe disabilities as described in KRS
45A.465;
(c) A qualified veterans’ workshop providing job and employment-skill training to veterans where such a workshop is operated by the United States Department of Veterans Affairs;
(d) Nonprofit organizations, employment services organizations, or other private business organizations with established operations within the jurisdiction of the city, urban-county government, or consolidated local government with the main mission or business purpose of serving individuals with disabilities by offering transitional or supported employment services or other rehabilitative programs and services, including but not limited to serving individuals with severe mental or physical disabilities or those recovering from substance abuse disorders; or
(e) Nonprofit community service organizations operating within the jurisdiction of the city, urban-county government, or consolidated local government when there is a determination in the official record of the legislative body that the purchase of the products or services would serve a mutual benefit to the government and the organization by:
1. Furthering the purposes of the organization;
2. Providing a service or product needed by the government;
3. Advancing a specific public purpose; and
4. Serving the best interest of the public.
If two (2) or more organizations meet the qualifications set out in this paragraph, then the government shall award the contract to one (1) of the qualifying organizations using the selection criteria of its adopted competitive bidding process.
Effective: June 29, 2023
History: Created 2023 Ky. Acts ch. 63, sec. 6, effective June 29, 2023.