KRS § 45A.300 — KY Code / Title VI / Chapter 45A / Section 45A.300
45A.300 Cooperative purchasing
Status: in_force

45A.300 Cooperative purchasing.

(1) Any public purchasing unit may either participate in, sponsor, conduct, or

administer a cooperative purchasing agreement for the acquisition of any supplies,

services, or construction with any other public purchasing unit or foreign

purchasing activity, in accordance with an agreement entered into between the

participants. This cooperative purchasing may include, but is not limited to, joint

contracts between public purchasing units and access by local public purchasing

units to open-ended state public purchasing unit contracts.

(2) Nothing in this code shall limit any public purchasing unit from selling to, acquiring

from, or using any property belonging to another public purchasing unit or foreign

purchasing activity independent of the requirements of KRS 45A.070 to 45A.180.

(3) Nothing in this code shall limit or restrict any public purchasing unit from entering

into an agreement, independent of the requirements of KRS 45A.045(5) and KRS

45A.070 to 45A.165, with any other public purchasing unit or foreign purchasing

activity for the cooperative use of supplies or services.

(4) Any public purchasing unit may enter into an agreement for the joint or common

use of warehousing facilities or the lease or common use of capital equipment or

facilities with any other public purchasing unit or a foreign purchasing activity

subject to the terms as may be agreed upon between the parties.

(5) Nothing in this code shall limit or restrict the ability of local school districts to

acquire supplies outside of the public purchasing agreements when the supplies and

equipment meeting the same specifications as the contract items are available at a

lower price elsewhere and the purchase does not exceed two thousand five hundred

dollars ($2,500).

(6) Nothing in this code shall limit any public purchasing unit from receiving notice of

or accepting a price reduction on supplies or equipment when the supplies or

equipment are being offered by the vendor with whom a price agreement has been

made; the supplies or equipment are being offered in accordance with all terms and

conditions that are specified in the price agreement, except those relating to price;

and the price reduction is offered to all of the participants in the price agreement.

Public purchasing units may accept special price reductions under this subsection

even if the reduced price requires the purchase of a specified quantity of units

different from the quantity stated in the original price agreement. Price reductions

under this subsection shall not be considered to permanently alter the price of the

supplies or equipment under the price agreement with the Commonwealth, except

where the price reductions are to be made permanent under the express terms of the

price agreement and where the purchasing agency which solicited the price

agreement determines that the enforcement of those terms serves the best interest of

the Commonwealth.

(7) The Finance and Administration Cabinet shall not exclude the Department of Fish

and Wildlife Resources from, or interfere with the department's participation in, any

contracts available to multiple state agencies for the procurement of goods or

services, including but not limited to interfering with the department's electronic

access to the statewide accounting system in any way.