§ 45A.005 Title
§ 45A.010 Construction — Purposes and policies
§ 45A.015 General provisions of law applicable — Obligation of good faith
§ 45A.020 Application of code — Construction
§ 45A.022 Application of chapter to insurance contracts
§ 45A.023 Multiyear federal grant project agreements — Legislative discontinuation
§ 45A.025 Determination
§ 45A.030 Definitions for code
§ 45A.035 Secretary to adopt regulations
§ 45A.040 Procurement activities — Distribution
§ 45A.045 Authority of cabinet — Authority to promulgate administrative regulations
§ 45A.047 Disposition of firearms or ammunition owned by state agency — Disposition of proceeds upon sale — Restriction on purchase of body armor for service animal
§ 45A.050 Centralization of procurement — Exemptions — Reciprocal preference for resident bidders
§ 45A.055 State purchasing regulations
§ 45A.060 Relationship with using agencies
§ 45A.065 Advisory councils — Procurement institute
§ 45A.067 Requirement for registration with Department of Revenue to collect and remit sales and use tax — Exemption — Applicability to foreign persons — Administrative regulation
§ 45A.070 Definitions for KRS 45A.070 to 45A.180
§ 45A.075 Methods of awarding state contracts
§ 45A.077 Public-private partnership delivery method of awarding state contracts for capital construction projects
§ 45A.080 Competitive sealed bidding
§ 45A.085 Competitive negotiation
§ 45A.090 Negotiation after competitive sealed bidding when all bids exceed available funds
§ 45A.095 Definitions — Noncompetitive negotiation
§ 45A.096 Definitions for KRS 45A.096 and 45A.097
§ 45A.097 Governmental body’s acceptance of donation and gifts and consideration of establishing commemoration, memorial, naming rights, or sponsorships
§ 45A.100 Small purchases by state governmental bodies
§ 45A.105 Cancellation of invitations for bids or requests for proposals
§ 45A.110 Responsibility of bidders and offerors — Determination — Right of nondisclosure
§ 45A.115 Prequalification of suppliers
§ 45A.120 Cost or pricing data — Price adjustment
§ 45A.125 Cost plus contract prohibited
§ 45A.130 Cost reimbursement contracts
§ 45A.135 Types of contracts
§ 45A.140 Accounting system
§ 45A.145 Multiyear contracts
§ 45A.150 Right to inspect — Right to audit
§ 45A.155 Finality of determinations
§ 45A.160 Reporting of suspected collusion — Documents
§ 45A.165 Report of contracts made under KRS 45A.095
§ 45A.170 Specifications — Items considered equal may be furnished
§ 45A.180 Selection of method of construction contracting management
§ 45A.181 Requirements for request for proposal when capital project is to be constructed utilizing the design-build construction method
§ 45A.182 Selection committee procedures to apply when capital project is to be constructed utilizing the design-build method — Cancellation or rejection of requests or proposals
§ 45A.183 Selection committee procedures to apply when capital project is to be constructed using the construction management-at-risk method — Eligibility of construction management-at-risk entity — Competitive process consistent with code to apply when con
§ 45A.184 Selection committee procedures to apply when procuring services of construction manager-agency for a fee
§ 45A.185 Bid bonds
§ 45A.187 Limitations on use of reverse auction process
§ 45A.190 Performance bond and payment bond — Recommendations on whether performance bond should be required — Audit of contract performance — Release from performance bond
§ 45A.195 Bond forms
§ 45A.200 Contract adjustment clauses — Termination clause
§ 45A.210 Issuance of regulations concerning modification and termination of contracts by Commonwealth
§ 45A.215 Cost principles regulations required
§ 45A.225 Definitions and applicability
§ 45A.230 Authority of secretary to settle claims
§ 45A.235 Action on contract claims or controversies
§ 45A.240 Definitions for terms used in KRS 45A.225 to 45A.290
§ 45A.245 Action on contract — Damages
§ 45A.250 Findings of court
§ 45A.255 Appeals from Circuit Court
§ 45A.260 Limitations on claims
§ 45A.265 One recovery only
§ 45A.270 Presentation of judgment for payment — Appropriations
§ 45A.275 Judgments against Commonwealth up to $500,000 deemed necessary governmental expense
§ 45A.280 Presumption of correctness
§ 45A.285 Filing of protest — Decision by secretary
§ 45A.290 Effect of protest
§ 45A.295 Definitions for KRS 45A.295 to 45A.320
§ 45A.300 Cooperative purchasing
§ 45A.305 Personnel, information, and technical services — Schedule of fees
§ 45A.310 Use of payments — Compliance with code requirements — Review of procurement requirements
§ 45A.315 Resolution of disputes
§ 45A.320 Effect of federal grants upon public purchasing units
§ 45A.325 Collusion to restrain bids prohibited
§ 45A.328 Prohibition of contract — Conditions
§ 45A.330 Purpose of KRS 45A.330 to 45A.340
§ 45A.335 Definitions for terms used in KRS 45A.330 to 45A.340
§ 45A.340 Conflicts of interest of public officers and employees
§ 45A.343 Local public agency may adopt provisions of KRS 45A.345 to 45A.460 — Effect of adoption — Contracts required to mandate revealing of violations of and compliance with specified KRS chapters — Effect of nondisclosure or noncompliance
§ 45A.345 Definitions for KRS 45A.343 to 45A.460
§ 45A.351 Declaration of public policy on preservation of Commonwealth’s natural resources through energy efficiency
§ 45A.352 Guaranteed energy savings contracts involving local public agencies
§ 45A.353 Extension of guaranteed energy savings contract — Documentation of savings — Lease-purchase agreements — Exemption from debt limitations
§ 45A.355 Determinations — Finality
§ 45A.360 Administrative regulations
§ 45A.365 Competitive sealed bidding
§ 45A.370 Competitive negotiation
§ 45A.375 Negotiations after competitive sealed bidding when all bids exceed available funds — Action when no bids received
§ 45A.380 Noncompetitive negotiation
§ 45A.385 Small purchases by local public agencies
§ 45A.390 Cancellation
§ 45A.395 Determination of responsibility — Right of nondisclosure
§ 45A.400 Prequalification of bidders and offerors
§ 45A.405 Cost or pricing data
§ 45A.410 Inspection of contractor’s place of business — Audit of records
§ 45A.415 Specifications — Items considered equal may be furnished — Proprietary products
§ 45A.420 Cooperative purchasing — Price agreements with Commonwealth
§ 45A.425 Surplus or excess property
§ 45A.430 Bid bonds
§ 45A.435 Contract performance and payment bonds
§ 45A.440 Bond forms, filings, and copies
§ 45A.445 Definitions for terms used in KRS 45A.445 to 45A.460
§ 45A.450 Statement of public policy
§ 45A.455 Conflict of interest — Gratuities and kickbacks — Use of confidential information
§ 45A.460 Recovery of value of anything transferred or received in breach of ethical standards
§ 45A.465 Definitions for KRS 45A.470
§ 45A.470 Preference to be given by governmental bodies and political subdivisions in purchasing commodities or services — List of commodities and services — Price range — Negotiation for identical products and services
§ 45A.475 State depositories to render service pursuant to this chapter
§ 45A.480 Compliance with workers’ compensation insurance and unemployment insurance laws required — Foreign entity to obtain certificate of authority — Penalty
§ 45A.485 Certain contracts required to mandate revealing of violations of and compliance with specified KRS chapters — Effect of nondisclosure or noncompliance
§ 45A.487 Definitions for KRS 45A.487 and 45A.488
§ 45A.488 Restrictions on requirements relating to labor organizations in bid specifications and other contract documents — Grants, tax abatements, and tax credits — Exemption for threat to public health or safety
§ 45A.490 Definitions for KRS 45A.490 to 45A.494
§ 45A.492 Legislative declarations
§ 45A.494 Reciprocal preference to be given by governmental bodies to resident bidders — List of states — Administrative regulations
§ 45A.500 Legislative findings
§ 45A.505 Definitions
§ 45A.510 Nonrecyclable materials may be purchased, when
§ 45A.515 Discrimination against purchase of recycled materials prohibited
§ 45A.520 Requirement of purchase of materials with minimum recycled content
§ 45A.523 Report on procurement of products made from recovered materials
§ 45A.525 Recycled material content provisions to be applied to contractors with a state agency
§ 45A.530 Recycled material content provisions to be applied to projects financed by bonds issued by state agency
§ 45A.535 Vendors to be informed
§ 45A.540 Purchase of materials with minimum recycled material content through central stores
§ 45A.550 Definitions for KRS 45A.550 to 45A.554 and KRS 11A.130. (Effective until July 1, 2025)
§ 45A.550 v2 Definitions for KRS 45A.550 to 45A.554 and KRS 11A.130. (Effective July 1, 2025)
§ 45A.551 Procedures for state agency privatization contracts
§ 45A.552 Cabinet to develop process for evaluating information when determining whether to approve privatization contract — Administrative regulations
§ 45A.553 Contracting agency evaluation and report — Cabinet report
§ 45A.554 Construction of KRS 45A.550 to 45A.554 and KRS 11A.130
§ 45A.600 Purchase of firearm by state employee — Use of proceeds from sale
§ 45A.605 Finance and Administration Cabinet’s authority to enter into contracts for “information highway” for state agencies — Mandatory use — Exceptions — Status as a state agency price contract — Access to contract by certain nonprofit schools, nonprof
§ 45A.607 Required contract provision restricting contractor from participating in certain boycott actions — Exceptions — Administrative regulations
§ 45A.610 Purchase of starch-based plastic garbage can liners by state agencies
§ 45A.615 Life-cycle cost comparison of heating, ventilation, and air conditioning equipment in state buildings
§ 45A.620 Preference to high-calcium foods and beverages in purchasing for school meals
§ 45A.625 Implementation of procurement strategy for greater use of alternative fuel motor vehicles — Reports
§ 45A.630 Definitions for KRS 45A.035, 45A.095, 45A.630, and 45A.645
§ 45A.640 Guidelines for use of procurement to support agricultural economy — Changes to administrative regulations and policies
§ 45A.645 Agencies to purchase Kentucky-grown products meeting quality standards and pricing requirements if available — Reports — Marketing assistance — Annual report — Vendors’ duties
§ 45A.650 Purchases under $50 — Petty cash accounts
§ 45A.655 Imprest cash funds
§ 45A.657 Required use of public funds for election administration
§ 45A.660 Waiver of requirements on purchase from government
§ 45A.665 Definitions for KRS 45A.665 to 45A.685
§ 45A.670 Regulations relating to small or small minority businesses
§ 45A.675 Small or small minority business set aside
§ 45A.680 Withdrawal of designation of small or small minority business set aside
§ 45A.685 Short title
§ 45A.690 Definitions for KRS 45A.690 to 45A.725
§ 45A.695 Personal service contract procedures — Tax incentive agreements
§ 45A.700 Certain personal service contracts in aggregate amounts of $10,000 or less exempt from routine review — Memoranda of agreement and price contracts of $50,000 or less exempt from routine review — Review requirement for amendments
§ 45A.705 Government Contract Review Committee — Membership — Duties — Meeting — Vote required to act
§ 45A.715 Certain contracts by Department of Revenue prohibited
§ 45A.717 Contingency fee for legal services under personal service contract — Powers and duties of head of contracting body — Review of responses to requests for proposals — Limits on contingency fee — Payment only from money received pursuant to judgmen
§ 45A.720 Contract for executioner not subject to KRS 45A.690 to 45A.725
§ 45A.725 Authority of committee to establish policies and procedures relating to manner and form of notification and documentation to accompany personal service contract, tax incentive agreement, or memorandum of agreement
§ 45A.730 Definitions for KRS 45A.730 to 45A.750
§ 45A.735 Authorization for local public agency to adopt KRS 45A.740, 45A.745, and 45A.750 — Effect of adoption — Qualification statements
§ 45A.740 Procedures for proposed project requiring architectural or engineering services
§ 45A.745 Criteria for evaluation of interested firms
§ 45A.750 Negotiation of contract
§ 45A.800 Definitions for KRS 45A.800 to 45A.835, 45A.195, 45A.440, and 45A.695
§ 45A.803 Engineering or related services for federal highway project
§ 45A.805 Legislative findings of policy
§ 45A.807 Deadline for promulgation of certain administrative regulations by Finance and Administration Cabinet and Transportation Cabinet
§ 45A.810 Architectural services selection committees — Engineering or engineering-related services selection committees — Uses — Membership
§ 45A.815 Requirements of procuring agency for selection committee
§ 45A.820 Compensation and expense reimbursement of selection committee members
§ 45A.825 Prequalification of interested firms — Request for proposals — Responses — Procedures for evaluating proposals and negotiating contract — Exception
§ 45A.827 Criterion to break tie vote of selection committee
§ 45A.830 Copies of proposed contracts to be made available to selection committee — Certifications to be made upon negotiation of contract — Filing with Government Contract Review Committee
§ 45A.835 Persons who are prohibited from serving in pool or on selection committee
§ 45A.836 Eligibility of entities selected under KRS 45A.810 to act as offerors in certain circumstances
§ 45A.837 Price contracts for architectural, engineering, and engineering-related services — Review procedure required
§ 45A.838 Establishment and operation of pool of firms to provide professional contract services — Administrative regulations to be promulgated by Transportation Cabinet and Department of Fish and Wildlife Resources
§ 45A.840 Definitions for KRS 45A.840 to 45A.879
§ 45A.843 Selection committees
§ 45A.847 Orientation of committee members — Committee to be attached to office
§ 45A.850 Selection of underwriter and bond counsel for various agencies — Comanaging underwriters — Review by Capital Projects and Bond Oversight Committee
§ 45A.853 Prequalification of underwriters and bond counsels — Request for proposals — Response — First meeting of selection committee — Second meeting
§ 45A.857 Executive sessions of selection committee — Ranking — Interviews — Awarding of contract
§ 45A.860 Certification of circumstances that may or may not constitute violation of statutes — Retention and inspection of logs and evaluation sheets
§ 45A.863 Antinepotism provisions
§ 45A.867 Emergency procedure
§ 45A.870 Procedure to take advantage of an innovation developed by a firm
§ 45A.877 Reimbursement of underwriters for counsel retained by them for bond issuance — Prohibition against state employee’s recommending selection
§ 45A.879 Administrative regulations to be promulgated by January 1, 1995
§ 45A.990 Penalties

Terms Used In Kentucky Statutes > Chapter 45A - Kentucky Model Procurement Code

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • agent: includes managing general agent unless the context requires otherwise. See Kentucky Statutes 304.9-085
  • Animal: includes every warm-blooded living creature except a human being. See Kentucky Statutes 446.010
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Appropriation: means an authorization by the General Assembly to expend, from public funds, a sum of money not in excess of the sum specified, for the purposes specified in the authorization and under the procedure prescribed in KRS Chapter 48. See Kentucky Statutes 446.010
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: as used in this subtitle , refers to the attorney-in-fact of a reciprocal insurer. See Kentucky Statutes 304.27-050
  • Benefit contract: shall mean the agreement for provision of benefits authorized by
    KRS §. See Kentucky Statutes 304.29-041
  • Benefit member: shall mean an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract. See Kentucky Statutes 304.29-041
  • Biennium: means the two (2) year period commencing on July 1 in each even- numbered year and ending on June 30 in the ensuing even-numbered year. See Kentucky Statutes 446.010
  • Business trust: includes , except when utilized in KRS Chapter 386, a "statutory trust" as organized under KRS Chapter 386A. See Kentucky Statutes 446.010
  • Certificate: shall mean the document issued as written evidence of the benefit contract. See Kentucky Statutes 304.29-041
  • Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
    (a) Sending the document or package. See Kentucky Statutes 446.010
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • equity security: when used in this subtitle means: (1) Any stock or similar security. See Kentucky Statutes 304.26-020
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Forbearance: A means of handling a delinquent loan. A
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Laws: shall mean the society's articles of incorporation, constitution and bylaws, however designated. See Kentucky Statutes 304.29-041
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Lodge: shall mean subordinate member units of the society, known as camps, courts, councils, branches or by any other designation. See Kentucky Statutes 304.29-041
  • Month: means calendar month. See Kentucky Statutes 446.010
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: A promise to tell the truth.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
  • Personal property: All property that is not real property.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Premiums: shall mean premiums, rates, dues or other required contributions, however designated, which are payable under the certificate. See Kentucky Statutes 304.29-041
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • public funds: means sums actually received in cash or negotiable instruments from all sources unless otherwise described by any state agency, state- owned corporation, university, department, cabinet, fiduciary for the benefit of any form of state organization, authority, board, bureau, interstate compact, commission, committee, conference, council, office, or any other form of organization whether or not the money has ever been paid into the Treasury and whether or not the money is still in the Treasury if the money is controlled by any form of state organization, except for those funds the management of which is to be reported to the Legislative Research Commission pursuant to KRS §. See Kentucky Statutes 446.010
  • real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Rules: shall mean all rules, regulations or resolutions adopted by the supreme governing body or board of directors which are intended to have general application to the members of the society. See Kentucky Statutes 304.29-041
  • Service of process: The service of writs or summonses to the appropriate party.
  • Society: shall mean fraternal benefit society, unless otherwise indicated. See Kentucky Statutes 304.29-041
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
  • Testify: Answer questions in court.
  • Treatment: when used in a criminal justice context, means targeted interventions
    that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Violate: includes failure to comply with. See Kentucky Statutes 446.010