KRS § 424.260 — KY Code / Title XXXVIII / Chapter 424 / Section 424.260
424.260 Bids for materials, supplies, equipment, or services -- Exceptions
Status: in_force

424.260 Bids for materials, supplies, equipment, or services -- Exceptions.

(1) Except where a statute specifically fixes a larger sum as the minimum for a

requirement of advertisement for bids, no city, county, or district, or board or

commission of a city or county, or sheriff or county clerk, may make a contract,

lease, or other agreement for:

(a) Materials;

(b) Supplies, except perishable foods such as meat, poultry, fish, egg products,

fresh vegetables, and fresh fruits;

(c) Equipment; or

(d) Contractual services other than professional;

involving an expenditure of more than forty thousand dollars ($40,000) without first

making newspaper advertisement for bids. This subsection shall not apply to the

transfer of property between governmental agencies as authorized in KRS

82.083(4)(a).

(2) If the fiscal court requires that the sheriff or county clerk advertise for bids on

expenditures of less than forty thousand dollars ($40,000), the fiscal court

requirement shall prevail.

(3) (a) Nothing in this statute shall limit or restrict the ability of a local school district

to acquire supplies and equipment outside of the bidding procedure if those

supplies and equipment meet the specifications of the contracts awarded by

the Office of Material and Procurement Services in the Office of the

Controller within the Finance and Administration Cabinet or a federal, local,

or cooperative agency and are available for purchase elsewhere at a lower

price. A board of education may purchase those supplies and equipment

without advertising for bids if, prior to making the purchases, the board of

education obtains certification from the district's finance or purchasing officer

that the items to be purchased meet the standards and specifications fixed by

state price contract, federal (GSA) price contract, or the bid of another school

district whose bid specifications allow other districts to utilize their bids, and

that the sales price is lower than that established by the various price contract

agreements or available through the bid of another school district whose bid

specifications would allow the district to utilize their bid.

(b) The procedures set forth in paragraph (a) of this subsection shall not be

available to the district for any specific item once the bidding procedure has

been initiated by an invitation to bid and a publication of specifications for

that specific item has been published. In the event that all bids are rejected,

the district may again avail itself of the provisions of paragraph (a) of this

subsection.

(4) This requirement shall not apply in an emergency if the chief executive officer of

the city, county, or district has duly certified that an emergency exists, and has filed

a copy of the certificate with the chief financial officer of the city, county, or

district, or if the sheriff or the county clerk has certified that an emergency exists,

and has filed a copy of the certificate with the clerk of the court where his necessary

office expenses are fixed pursuant to KRS 64.345 or 64.530, or if the

superintendent of the board of education has duly certified that an emergency

exists, and has filed a copy of the certificate with the chief state school officer.

(5) The provisions of subsection (1) of this section shall not apply for the purchase of

wholesale electric power for resale to the ultimate customers of a municipal utility

organized under KRS 96.550 to 96.900.

(6) Subsection (1) of this section shall not apply to purchases for products or services

made pursuant to KRS 82.084.