KRS § 45A.857 — KY Code / Title VI / Chapter 45A / Section 45A.857
45A.857 Executive sessions of selection committee -- Ranking -- Interviews -- Awarding of contract
Status: in_force

45A.857 Executive sessions of selection committee -- Ranking -- Interviews --

Awarding of contract.

(1) A selection committee shall meet in executive session to:

(a) Evaluate the materials with which it has been provided;

(b) Select the two (2) to five (5) most qualified firms based upon the weighted

evaluation factors in the request for proposals; and

(c) Rank the firms.

(2) In executive session, a selection committee, at its discretion by majority vote, shall

determine whether not to interview and to leave the rankings in place, or to

interview the two (2) to five (5) firms to arrive at new rankings. If the selection

committee decides not to interview and to leave the rankings in place, the winning

firm shall be chosen pursuant to paragraph (a) or paragraph (b) of subsection (4) of

this section, as appropriate.

(3) (a) If the selection committee decides to interview the two (2) to five (5) firms, it

shall do so preferably on the same day. The firms shall be interviewed one (1)

at a time, and each interview shall be attended only by representatives of the

firm and members of the selection committee. Members of the selection

committee shall keep confidential the substance of an interview until the

contract to the winning firm is awarded.

(b) After the two (2) to five (5) firms have been interviewed, the selection

committee shall meet in executive session to:

1. Rank the firms interviewed based upon the weighted evaluation factors

established in the request for proposals; and

2. Forward the rankings to the executive director.

(c) The winning firm shall be awarded pursuant to paragraph (a) or paragraph (b)

of subsection (4) of this section, as appropriate.

(4) (a) For underwriter services:

1. The name of the top-ranked underwriter firm shall be provided to the

executive director. He shall state in writing to the secretary of the

Finance and Administration Cabinet his reasons for agreeing or not

agreeing with the selection. The secretary shall order that procurement

proceed under subparagraph 2. of this paragraph, or he shall order that

the procurement procedure start again from the beginning pursuant to

KRS 45A.843. The secretary shall state in writing the reasons for his

actions.

2. The executive director of the office shall negotiate a contract with the

top-ranked underwriter firm, as determined by the selection committee,

at compensation which the executive director determines in writing to be

fair and reasonable to the Commonwealth. In making this decision, he

shall take into account the estimated value of the services to be rendered,

and the scope, complexity, and professional nature thereof. Should the

executive director be able to negotiate a satisfactory price, the top-

ranked firm shall be awarded the contract. The executive director shall

state in writing to the secretary of the Finance and Administration

Cabinet his justifications for the negotiated price.

3. Should the executive director be unable to negotiate a satisfactory

contract with the top-ranking firm at a price that he considers fair and

reasonable to the Commonwealth, he shall formally terminate

negotiations with the firm. The selection committee shall provide the

executive director the name of the second-ranked firm. The executive

director shall then undertake price negotiations with the second-ranked

firm. Should the executive director be able to negotiate a satisfactory

price, the second-ranked firm shall be awarded the contract. The

executive director shall state in writing to the secretary of the Finance

and Administration Cabinet his justifications for the negotiated price.

4. Failing accord with the second-ranked firm, the executive director shall

formally terminate negotiations. The selection committee shall provide

the executive director the name of the third-ranked firm, if any. The

executive director shall then undertake price negotiations with the third-

ranked firm. Should the executive director be able to negotiate a

satisfactory price, the third-ranked firm shall be awarded the contract.

The executive director shall state in writing to the secretary of the

Finance and Administration Cabinet his reasons for agreeing or not

agreeing with the price. Should the executive director be unable to

negotiate a satisfactory contract with the third-ranked firm, he shall

formally terminate negotiations, and the procurement procedure shall

start again from the beginning pursuant to KRS 45A.843.

(b) For bond counsel services:

1. The name of the top-ranked firm shall be provided to the executive

director. If the executive director does not agree with the selection

recommended by the selection committee, the name of the second-

ranked firm shall be submitted to the executive director.

2. The executive director shall submit the name of the first-ranked firm, or

the second-ranked firm if the executive director did not agree with the

first selection made by the selection committee, to the secretary of the

Finance and Administration Cabinet. The executive director shall state

in writing to the secretary of the Finance and Administration Cabinet his

reasons for agreeing or not agreeing with the selection. The secretary

shall order the hiring of the selected firm, or he shall order that the

procurement procedure shall start again from the beginning pursuant to

KRS 45A.843. The secretary shall state in writing the reasons for his

actions.