KRS § 45A.345 — KY Code / Title VI / Chapter 45A / Section 45A.345
45A.345 Definitions for KRS 45A.343 to 45A.460
Status: in_force

45A.345 Definitions for KRS 45A.343 to 45A.460.

As used in KRS 45A.343 to 45A.460, unless the context indicates otherwise:

(1) "Aggregate amount" means the total dollar amount during a fiscal year of items of a

like nature, function, and use the need for which can reasonably be determined at

the beginning of the fiscal year. Items the need for which could not reasonably be

established in advance or which were unavailable because of a failure of delivery

need not be included in the aggregate amount.

(2) "Capital cost avoidance" means moneys expended by a local public agency to pay

for an energy conservation measure identified as a permanent equipment

replacement and whose cost has been discounted by any additional energy and

operation savings generated from other energy conservation measures identified in

the guaranteed energy savings contract, except that for school districts capital cost

avoidance shall also mean moneys expended by the district from one (1) or more of

the following sources:

(a) General fund;

(b) Capital outlay allotment under KRS 157.420; and

(c) State and local funds from the Facilities Support Program of Kentucky under

KRS 157.440.

(3) "Chief executive officer" means the mayor, county judge/executive, superintendent

of schools, or the principal administrative officer of a local public agency, or the

person designated by the chief executive officer or legislative body of the local

public agency to perform the procurement function.

(4) "Construction" means the process of building, altering, repairing, or improving any

public structure or building, or other public improvements of any kind to any public

real property. It does not include the routine operation, routine repair, or routine

maintenance of existing structures, buildings, or real property.

(5) "Contract" means all types of local public agency agreements, including grants and

orders, for the purchase or disposal of supplies, services, construction, or any other

item. It includes awards and notices of award; contracts of a fixed-price, cost, cost-

plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job or

task orders; leases; letter contracts; and purchase orders. It also includes

supplemental agreements with respect to any of the foregoing. It does not include

labor contracts with employees of local public agencies.

(6) "Document" means any physical embodiment of information or ideas, regardless of

form or characteristic, including electronic versions thereof.

(7) "Established catalogue price" means the price included in the most current

catalogue, price list, schedule, or other form that:

(a) Is regularly maintained by the manufacturer or vendor of an item; and

(b) Is either published or otherwise available for inspection by customers; and

(c) States prices at which sales are currently or were last made to a significant

number of buyers constituting the general buying public for that item.

(8) "Evaluated bid price" means the dollar amount of a bid after bid price adjustments

are made pursuant to objective measurable criteria, set forth in the invitation for

bids, which affect the economy and effectiveness in the operation or use of the

product, such as reliability, maintainability, useful life, residual value, and time of

delivery, performance, or completion.

(9) "Invitation for bids" means all documents, whether attached or incorporated by

reference, utilized for soliciting bids in accordance with the procedures set forth in

KRS 45A.365.

(10) "The legislative body or governing board" means a council, commission, or other

legislative body of a city, consolidated local government, or urban-county; a county

fiscal court; board of education of a county or independent school district; board of

directors of an area development district or special district; or board of any other

local public agency.

(11) "Local public agency" means a city, county, urban-county, consolidated local

government, school district, special district, or an agency formed by a combination

of such agencies under KRS Chapter 79, or any department, board, commission,

authority, office, or other sub-unit of a political subdivision which shall include the

offices of the county clerk, county sheriff, county attorney, coroner, and jailer.

(12) "May" means permissive. However, the words "no person may . . ." mean that no

person is required, authorized, or permitted to do the act prescribed.

(13) "Negotiation" means contracting by either the method set forth in KRS 45A.370,

45A.375, or 45A.380.

(14) "Noncompetitive negotiation" means informal negotiation with one (1) or more

vendor, contractor, or individual without advertisement or notice.

(15) "Objective measurable criteria" means sufficient information in the invitation to bid

as to weight and method of evaluation so that the evaluation may be determined

with reasonable mathematical certainty. Criteria which are otherwise subjective,

such as taste and appearance, may be established when appropriate.

(16) "Person" means any business, individual, union, committee, club, or other

organization or group of individuals.

(17) "Procurement" means the purchasing, buying, renting, leasing, or otherwise

obtaining any supplies, services, or construction. It also includes all functions that

pertain to the obtaining of any public procurement, including description of

requirements, selection, and solicitation of sources, preparation and award of

contract, and all phases of contract administration.

(18) "Request for proposals" means all documents, whether attached or incorporated by

reference, utilized for soliciting proposals in accordance with the procedures set

forth in KRS 45A.370, 45A.375, 45A.380, or 45A.385.

(19) "Responsible bidder or offeror" means a person who has the capability in all

respects to perform fully the contract requirements, and the integrity and reliability

which will assure good faith performance.

(20) "Responsive bidder" means a person who has submitted a bid under KRS 45A.365

which conforms in all material respects to the invitation for bids, so that all bidders

may stand on equal footing with respect to the method and timeliness of submission

and as to the substance of any resulting contract.

(21) "Reverse auction" means a real-time, structured bidding process, usually lasting less

than one (1) hour, and taking place at a previously scheduled time and Internet

location, during which multiple bidders, anonymous to each other, submit revised,

lower bids to provide the solicited good or leased space.

(22) "Services" means the rendering, by a contractor, of its time and effort rather than the

furnishing of a specific end product other than reports which are merely incidental

to the required performance of service. It does not include labor contracts with

employees of local public agencies.

(23) "Shall" means imperative.

(24) "Specifications" means any description of a physical or functional characteristic of a

supply, service, or construction item. It may include a description of any

requirement for inspecting, testing, or preparing a supply, service, or construction

item for delivery.

(25) "Supplemental agreement" means any contract modification which is accomplished

by the mutual action of the parties.

(26) "Supplies" means all property, including but not limited to leases on real property,

printing, and insurance, except land or a permanent interest in land.

(27) "Energy conservation measure" means a training program or facility alteration

designed to reduce energy consumption or operating costs, and may include one (1)

or more of the following:

(a) Insulation of the building structure or systems within the building;

(b) Storm windows or doors, caulking or weatherstripping, multiglazed windows

or doors, heat absorbing or heat reflective glazed and coated window or door

systems, additional glazing, reductions in glass area, or other window and

door system modifications that reduce energy consumption;

(c) Automated or computerized energy control systems;

(d) Heating, ventilating, or air conditioning system modifications or

replacements;

(e) Replacement or modification of lighting fixtures to increase the energy

efficiency of the lighting system without increasing the overall illumination of

a facility, unless an increase in illumination is necessary to conform to the

applicable state or local building code for the lighting system after the

proposed modifications are made;

(f) Energy recovery systems;

(g) Cogeneration systems that produce steam or forms of energy such as heat, as

well as electricity, for use primarily within a building or complex of buildings;

(h) Energy, water, or wastewater conservation measures that provide long-term

operating cost reductions or billable revenue increases;

(i) Any life safety measures that provide long-term operating cost reductions;

(j) Water and wastewater conservation measures, including plumbing fixtures

and infrastructure;

(k) Equipment upgrades that improve the accuracy of billable revenue generating

systems; or

(l) Automated, electronic, or remotely controlled systems or measures that reduce

direct personnel costs.

(28) "Guaranteed energy savings contract" means a contract for the evaluation and

recommendation of energy, water, and wastewater conservation measures and for

implementation of one (1) or more of those measures. The contract shall provide

that all payments, except obligations on termination of the contract before its

expiration, are to be made over time and the savings are guaranteed to the extent

necessary to make payments for the cost of the design, installation, and maintenance

of energy, water, and wastewater conservation measures.

(29) "Qualified provider" means a person or business experienced in the design,

implementation, and installation of energy, water, and wastewater conservation

measures and is determined to be qualified by the local public agency. The qualified

provider shall be responsible for and shall provide the local public agency with the

following information regarding guaranteed energy, water, and wastewater savings

contracts:

(a) Project design and specifications;

(b) Construction management;

(c) Construction;

(d) Commissioning;

(e) On-going services as required;

(f) Measurement and verification of savings for guaranteed energy, water, and

wastewater savings contracts; and

(g) Annual reconciliation statements as provided in KRS 45A.352(8).