KENTUCKY MODEL PROCUREMENT CODE
KRS tit. VI, ch. 45A
in effectContents
section45A.005. Titlesection45A.010. Construction -- Purposes and policiessection45A.015. General provisions of law applicable -- Obligation of good faithsection45A.020. Application of code -- Constructionsection45A.022. Application of chapter to insurance contractssection45A.023. Multiyear federal grant project agreements -- Legislative discontinuationsection45A.025. Determinationsection45A.030. Definitions for codesection45A.035. Secretary to promulgate administrative regulationssection45A.040. Procurement activities -- Distributionsection45A.045. Authority of cabinet -- Authority to promulgate administrative regulations -- Disposal of state-owned real and personal propertysection45A.047. Disposition of firearms or ammunition owned by state agency -- Disposition of proceeds upon sale -- Restriction on purchase of body armor for service animalsection45A.050. Centralization of procurement -- Exemptions -- Reciprocal preference for resident bidderssection45A.055. State purchasing regulationssection45A.060. Relationship with using agenciessection45A.065. Advisory councils -- Procurement institutesection45A.067. Requirement for registration with Department of Revenue to collect and remit sales and use tax -- Exemption -- Applicability to foreign persons -- Administrative regulationsection45A.070. Definitions for KRS 45A.070 to 45A.180section45A.075. Methods of awarding state contractssection45A.077. Public-private partnership delivery method of awarding state contracts for capital construction projectssection45A.080. Competitive sealed biddingsection45A.085. Competitive negotiationsection45A.090. Negotiation after competitive sealed bidding when all bids exceed available fundssection45A.095. Definitions for section -- Noncompetitive negotiationsection45A.096. Definitions for KRS 45A.096 and 45A.097section45A.097. Governmental body's acceptance of donation and gifts and consideration of establishing commemoration, memorial, naming rights, or sponsorshipssection45A.100. Small purchases by state governmental bodiessection45A.105. Cancellation of invitations for bids or requests for proposalssection45A.110. Responsibility of bidders and offerors -- Determination -- Right of nondisclosuresection45A.115. Prequalification of supplierssection45A.120. Cost or pricing data -- Price adjustmentsection45A.125. Cost plus contract prohibitedsection45A.130. Cost reimbursement contractssection45A.135. Types of contractssection45A.137. Definitions for section -- Required contract provisions -- Terms for undisputed and disputed invoices -- Interest penalty -- Secretary to promulgate administrative regulations -- Payment resolution process -- Required reportingsection45A.140. Accounting systemsection45A.145. Multiyear contractssection45A.150. Right to inspect -- Right to auditsection45A.155. Finality of determinationssection45A.160. Reporting of suspected collusion -- Documentssection45A.165. Report of contracts made under KRS 45A.095section45A.170. Specifications -- Items considered equal may be furnishedsection45A.175. Repealed, 1992section45A.180. Selection of method of construction contracting managementsection45A.181. Requirements for request for proposal when capital project is to be constructed utilizing the design-build construction methodsection45A.182. Selection committee procedures to apply when capital project is to be constructed utilizing the design-build method -- Cancellation or rejection of requests or proposalssection45A.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 construction project is to be constructed using the construction manager-general contractor method -- Eligibility of constructionsection45A.184. Selection committee procedures to apply when procuring services of construction manager-agency for a feesection45A.185. Bid bondssection45A.187. Limitations on use of reverse auction processsection45A.190. Performance bond and payment bond -- Recommendations on whether performance bond should be required -- Audit of contract performance -- Release from performance bondsection45A.195. Bond formssection45A.200. Contract adjustment clauses -- Termination clausesection45A.205. Repealed, 1992section45A.210. Issuance of regulations concerning modification and termination of contracts by Commonwealthsection45A.215. Cost principles regulations requiredsection45A.225. Definitions and applicabilitysection45A.230. Authority of secretary to settle claimssection45A.235. Action on contract claims or controversiessection45A.240. Definitions for terms used in KRS 45A.225 to 45A.290section45A.245. Action on contract -- Damagessection45A.250. Findings of courtsection45A.255. Appeals from Circuit Courtsection45A.260. Limitations on claimssection45A.265. One recovery onlysection45A.270. Presentation of judgment for payment -- Appropriationssection45A.275. Judgments against Commonwealth up to $500,000 deemed necessary governmental expensesection45A.280. Presumption of correctnesssection45A.285. Filing of protest -- Decision by secretarysection45A.290. Effect of protestsection45A.295. Definitions for KRS 45A.295 to 45A.320section45A.300. Cooperative purchasingsection45A.305. Personnel, information, and technical services -- Schedule of feessection45A.310. Use of payments -- Compliance with code requirements -- Review of procurement requirementssection45A.315. Resolution of disputessection45A.320. Effect of federal grants upon public purchasing unitssection45A.325. Collusion to restrain bids prohibitedsection45A.328. Prohibition of contract -- Conditionssection45A.330. Purpose of KRS 45A.330 to 45A.340section45A.335. Definitions for terms used in KRS 45A.330 to 45A.340section45A.340. Conflicts of interest of public officers and employeessection45A.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 noncompliancesection45A.345. Definitions for KRS 45A.343 to 45A.460section45A.350. Repealed, 1984section45A.351. Declaration of public policy on preservation of Commonwealth's natural resources through energy efficiencysection45A.352. Guaranteed energy savings contracts involving local public agenciessection45A.353. Extension of guaranteed energy savings contract -- Documentation of savings -- Lease-purchase agreements -- Exemption from debt limitationssection45A.355. Determinations -- Finalitysection45A.360. Administrative regulationssection45A.365. Competitive sealed biddingsection45A.370. Competitive negotiationsection45A.375. Negotiations after competitive sealed bidding when all bids exceed available funds -- Action when no bids receivedsection45A.380. Noncompetitive negotiationsection45A.385. Small purchases by local public agenciessection45A.390. Cancellationsection45A.395. Determination of responsibility -- Right of nondisclosuresection45A.400. Prequalification of bidders and offerorssection45A.405. Cost or pricing datasection45A.410. Inspection of contractor's place of business -- Audit of recordssection45A.415. Specifications -- Items considered equal may be furnished -- Proprietary productssection45A.420. Cooperative purchasing -- Price agreements with Commonwealth -- Use of established pricing method -- School districtssection45A.425. Surplus or excess propertysection45A.430. Bid bondssection45A.435. Contract performance and payment bondssection45A.440. Bond forms, filings, and copiessection45A.445. Definitions for terms used in KRS 45A.445 to 45A.460section45A.450. Statement of public policysection45A.455. Conflict of interest -- Gratuities and kickbacks -- Use of confidential informationsection45A.460. Recovery of value of anything transferred or received in breach of ethical standardssection45A.465. Definitions for KRS 45A.470section45A.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 servicessection45A.475. State depositories to render service pursuant to this chaptersection45A.480. Compliance with workers' compensation insurance and unemployment insurance laws required -- Foreign entity to obtain certificate of authority -- Penaltysection45A.485. Certain contracts required to mandate revealing of violations of and compliance with specified KRS chapters -- Effect of nondisclosure or noncompliancesection45A.487. Definitions for KRS 45A.487 and 45A.488section45A.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 safetysection45A.489. Price contracts for procurement of school bus accessory equipment -- List to be maintained by cabinet -- Access of list to school districtssection45A.490. Definitions for KRS 45A.490 to 45A.494section45A.492. Legislative declarationssection45A.494. Reciprocal preference to be given by governmental bodies to resident bidders -- List of states -- Administrative regulationssection45A.500. Legislative findingssection45A.505. Definitionssection45A.510. Nonrecyclable materials may be purchased, whensection45A.515. Discrimination against purchase of recycled materials prohibitedsection45A.520. Requirement of purchase of materials with minimum recycled contentsection45A.523. Report on procurement of products made from recovered materialssection45A.525. Recycled material content provisions to be applied to contractors with a state agencysection45A.530. Recycled material content provisions to be applied to projects financed by bonds issued by state agencysection45A.535. Vendors to be informedsection45A.540. Purchase of materials with minimum recycled material content through central storessection45A.550. Definitions for KRS 45A.550 to 45A.554 and KRS 11A.130section45A.551. Procedures for state agency privatization contractssection45A.552. Cabinet to develop process for evaluating information when determining whether to approve privatization contract -- Administrative regulationssection45A.553. Contracting agency evaluation and report -- Cabinet reportsection45A.554. Construction of KRS 45A.550 to 45A.554 and KRS 11A.130section45A.600. Purchase of firearm by state employee -- Use of proceeds from salesection45A.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, nonprofit organizations, and economic development entitiessection45A.607. Required contract provision restricting contractor from participating in certain boycott actions -- Exceptions -- Administrative regulationssection45A.610. Purchase of starch-based plastic garbage can liners by state agenciessection45A.612. License agreements with marina operators -- Conditionssection45A.615. Life-cycle cost comparison of heating, ventilation, and air conditioning equipment in state buildingssection45A.620. Preference to high-calcium foods and beverages in purchasing for school mealssection45A.625. Implementation of procurement strategy for greater use of alternative fuel motor vehicles -- Reportssection45A.630. Definitions for KRS 45A.035, 45A.095, 45A.630, and 45A.645section45A.640. Guidelines for use of procurement to support agricultural economy -- Changes to administrative regulations and policiessection45A.645. Agencies to purchase Kentucky-grown products meeting quality standards and pricing requirements if available -- Reports -- Marketing assistance -- Annual report -- Vendors' dutiessection45A.650. Purchases under $50 -- Petty cash accountssection45A.655. Imprest cash fundssection45A.657. Required use of public funds for election administrationsection45A.660. Waiver of requirements on purchase from governmentsection45A.665. Definitions for KRS 45A.665 to 45A.685section45A.670. Regulations relating to small or small minority businessessection45A.675. Small or small minority business set asidesection45A.680. Withdrawal of designation of small or small minority business set asidesection45A.685. Short titlesection45A.690. Definitions for KRS 45A.690 to 45A.725section45A.695. Personal service contract procedures -- Tax incentive agreementssection45A.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 amendmentssection45A.705. Government Contract Review Committee -- Membership -- Duties -- Meeting -- Vote required to act. (Effective until January 1, 2027)section45A.710. Repealed, 1997section45A.715. Certain contracts by Department of Revenue prohibitedsection45A.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 judgment or settlement -- Standard addendum to contract -- Posting on Web sites -- Records -- Report -- Common law authoritysection45A.720. Contract for executioner not subject to KRS 45A.690 to 45A.725section45A.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 agreementsection45A.730. Definitions for KRS 45A.730 to 45A.750section45A.735. Authorization for local public agency to adopt KRS 45A.740, 45A.745, and 45A.750 -- Effect of adoption -- Qualification statementssection45A.740. Procedures for proposed project requiring architectural or engineering servicessection45A.745. Criteria for evaluation of interested firmssection45A.750. Negotiation of contractsection45A.800. Definitions for KRS 45A.800 to 45A.835, 45A.195, 45A.440, and 45A.695section45A.803. Engineering or related services for federal highway projectsection45A.805. Legislative findings of policysection45A.807. Deadline for promulgation of certain administrative regulations by Finance and Administration Cabinet and Transportation Cabinetsection45A.810. Architectural services selection committees -- Engineering or engineering- related services selection committees -- Uses -- Membershipsection45A.815. Requirements of procuring agency for selection committeesection45A.820. Compensation and expense reimbursement of selection committee memberssection45A.825. Prequalification of interested firms -- Request for proposals -- Responses - - Procedures for evaluating proposals and negotiating contract -- Exceptionsection45A.827. Criterion to break tie vote of selection committeesection45A.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 Committeesection45A.835. Persons who are prohibited from serving in pool or on selection committeesection45A.836. Eligibility of entities selected under KRS 45A.810 to act as offerors in certain circumstancessection45A.837. Price contracts for architectural, engineering, and engineering-related services -- Review procedure requiredsection45A.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 Resourcessection45A.840. Definitions for KRS 45A.840 to 45A.879section45A.843. Selection committeessection45A.847. Orientation of committee members -- Committee to be attached to officesection45A.850. Selection of underwriter and bond counsel for various agencies -- Comanaging underwriters -- Review by Capital Projects and Bond Oversight Committeesection45A.853. Prequalification of underwriters and bond counsels -- Request for proposals -- Response -- First meeting of selection committee -- Second meetingsection45A.857. Executive sessions of selection committee -- Ranking -- Interviews -- Awarding of contractsection45A.860. Certification of circumstances that may or may not constitute violation of statutes -- Retention and inspection of logs and evaluation sheetssection45A.863. Antinepotism provisionssection45A.867. Emergency proceduresection45A.870. Procedure to take advantage of an innovation developed by a firmsection45A.873. Repealed, 2010section45A.877. Reimbursement of underwriters for counsel retained by them for bond issuance -- Prohibition against state employee's recommending selectionsection45A.879. Administrative regulations to be promulgated by January 1, 1995section45A.990. Penalties
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37250Fetched: 10/20/2026