KRS § 164A.585 — KY Code / Title XIII / Chapter 164A / Section 164A.585
164A.585 Contracting for capital construction projects -- Items considered equal to specifications may be furnished
Status: in_force

164A.585 Contracting for capital construction projects -- Items considered equal to

specifications may be furnished.

(1) Subject to authorization by the General Assembly and KRS 164A.580, the

governing boards may make plans and specifications, advertise for bids, let

contracts or incur any financing commitments, either in the way of a charge against

institution funds or in the way of negotiations for issuance of revenue bonds, for any

capital construction projects involving the improvement of lands or the

construction, alteration, reconstruction, or major repair of any building or other

structure, or sewage disposal, water supply system or other utility system.

(2) Review of construction plans for conformance with the uniform state building code

shall be conducted by the Department of Housing, Buildings and Construction. The

board shall not approve any such project requiring its approval in any instance

where it finds that the project is not needed, or that the proposed method of

financing is not sound, or in cases where the project will exceed the amount of the

funds available therefor, or the work contemplated will be insufficient to

accomplish the purpose of the project, or that after providing for the ordinary

recurring expenses of administration and debt service and for payments under

existing allotments for extraordinary expenses and capital outlay, cash will not be

available in the Treasury to promptly pay for the work or that the work is to be done

by employees of the institution.

(3) Any capital construction project, except as provided in subsection (4) of this

section, shall be contracted for on a competitive bid basis, and the execution of such

contracts shall be approved and authorized by the board. When a capital

construction project has been approved as provided in this section, in whole or in

part, the board shall prepare the plans and specifications, advertise for bids, award

the contracts, supervise the construction and handle the financial negotiations.

(a) The governing board shall ensure that every invitation for bids or request for

proposals shall provide that an item equal to that named or described in the

specifications may be furnished.

(b) The specifications may identify a sole brand in cases where, in the written

opinion of the chief procurement officer, documented unique and valid

conditions require compatibility, continuity, or conformity with established

standards.

(c) An item shall be considered equal to the item named or described if, in the

opinion of the governing board and the design professional responsible for the

specifications:

1. It is at least equal in quality, durability, strength, design, and other

criteria deemed appropriate;

2. It will perform at least equally the function imposed by the general

design for the public work being contracted for or the material being

purchased; and

3. It conforms substantially to the detailed requirements for the item in the

specifications.

(4) A capital construction project, the total cost of completion of which will not exceed

two hundred fifty thousand dollars ($250,000), may be performed by the employees

of the institution or by individuals hired specifically for the project. Necessary

materials and supplies shall be procured in accordance with the standard purchasing

procedures and policies of the board as defined in KRS 164A.575.