KRS § 45A.810 — KY Code / Title VI / Chapter 45A / Section 45A.810
45A.810 Architectural services selection committees -- Engineering or engineering-related services selection committees -- Uses -- Membership
Status: in_force

45A.810 Architectural services selection committees -- Engineering or engineering-

related services selection committees -- Uses -- Membership.

(1) (a) One (1) or more architectural services selection committees and one (1) or

more engineering or engineering-related services selection committees shall

be created in the Finance and Administration Cabinet.

(b) One (1) or more engineering and engineering-related services selection

committees shall be created in the Transportation Cabinet.

(c) One (1) or more engineering and engineering-related services selection

committees shall be created in the Department of Fish and Wildlife

Resources.

(2) Except when an emergency condition exists as defined by KRS 45A.095(1)(a),

when architectural, engineering, or engineering-related services are procured under

KRS 45A.837 and 45A.838, or when the project is constructed under KRS

45A.045(11)(a) or (b):

(a) An architectural services selection committee created in the Finance and

Administration Cabinet shall participate in every instance of that cabinet's

procuring architectural services for its own needs and the needs of other

agencies, and upon request from the commissioner of the Department of Fish

and Wildlife Resources, shall assist and participate in that department's

procuring of architectural services;

(b) An engineering and engineering-related services selection committee created

in the Finance and Administration Cabinet shall participate in every instance

of that cabinet's procuring engineering or engineering-related services;

(c) An engineering and engineering-related services selection committee created

in the Transportation Cabinet shall participate in every instance of that

cabinet's procuring engineering or engineering-related services; and

(d) An engineering and engineering-related services selection committee created

in the Department of Fish and Wildlife Resources shall participate in every

instance of that department's procuring of engineering or engineering-related

services.

(3) An architectural services selection committee created in the Finance and

Administration Cabinet to perform its own procurement and assist other state

agencies with procuring architectural services shall consist of six (6) or more

members selected in the manner specified within each paragraph:

(a) Two (2) architects. The secretary of the Finance and Administration Cabinet

shall appoint a pool of at least six (6) architects who are employees of the

cabinet. At least three (3) of the architects shall be merit employees of the

cabinet. The secretary, or designee, under the supervision of the Auditor of

Public Accounts, or designee, shall randomly select architects from the pool.

The first employee selected shall be placed on the selection committee. If the

first employee selected is a merit employee, the second employee selected

shall be placed on the selection committee. If the first employee selected is a

nonmerit employee, the selection process shall continue until a merit

employee is selected. That merit employee shall be placed on the selection

committee;

(b) One (1) or more additional employees of the Department for Facilities

Management, appointed by the commissioner of the Department for Facilities

Management, to serve as a nonvoting technical adviser for a given project

selection. Advisory members shall serve on a project-by-project basis and

shall have the requisite knowledge, training, or experience pertaining to the

professional requirements of the project;

(c) Two (2) merit employees of the user agency appointed by the head of that

agency to serve for the duration of the selection committee's participation in

the project for which they were appointed by the user agency;

(d) An individual. The Kentucky Society of Architects shall nominate nine (9)

individuals, and the Governor shall appoint three (3) of these individuals to

serve in the pool from which the secretary of the Finance and Administration

Cabinet, or designee, under the supervision of the Auditor of Public Accounts,

or designee, shall randomly select one (1) individual to serve on the

committee;

(e) One (1) or more merit employees of the Auditor of Public Accounts,

appointed by the Auditor, who may, at the discretion of the Auditor, serve as

nonvoting members of the committee. If one (1) employee is appointed, then

that employee may attend any committee proceedings. If more than one (1)

employee is appointed, then either of the employees may attend any

committee proceeding; and

(f) Upon completion of the selection process set forth in this subsection, the

commissioner of the Department of Facilities Management shall submit a

statement to the Auditor of Public Accounts attesting to full compliance with

the selection process for each architectural firm appointed to provide

architectural services. In addition, a complete record of the selection process

for each project shall be maintained by the department and shall be subject to

audit by the Auditor of Public Accounts.

(4) The engineering and engineering-related services selection committee created in the

Finance and Administration Cabinet shall consist of six (6) or more members

selected in the manner specified in each paragraph:

(a) Two (2) engineers. The secretary of the Finance and Administration Cabinet

shall appoint a pool of at least six (6) engineers who are employees of the

cabinet. At least three (3) of the engineers shall be merit employees of the

cabinet. The secretary, or designee, under the supervision of the Auditor of

Public Accounts, or designee, shall randomly select engineers from the pool.

The first employee selected shall be placed on the selection committee. If the

first employee selected is a merit employee, the second employee selected

shall be placed on the selection committee. If the first employee selected is a

nonmerit employee, the selection process shall continue until a merit

employee is selected. That merit employee shall be placed on the selection

committee;

(b) Two (2) merit employees of the user agency appointed by the head of that

agency to serve for the duration of the selection committee's participation in

the project for which they were appointed by the user agency;

(c) An individual. The Kentucky Society of Professional Engineers and the

Kentucky Consulting Engineers Council shall together nominate nine (9)

individuals, and the Governor shall appoint three (3) of these individuals to

serve in the pool from which the secretary of the Finance and Administration

Cabinet, or designee, under the supervision of the Auditor of Public Accounts,

or designee, shall randomly select one (1) individual to serve on the

committee;

(d) One (1) or more merit employees of the Auditor of Public Accounts,

appointed by the Auditor, who may, at the discretion of the Auditor, serve as

nonvoting members of the committee. If one (1) employee is appointed, then

that employee may attend any committee proceedings. If more than one (1)

employee is appointed, then either of the employees may attend any

committee proceeding;

(e) One (1) or more additional employees of the Department for Facilities

Management to serve as nonvoting technical adviser for a specific project

selection. Advisory members shall serve on a project-by-project basis and

shall have the requisite knowledge, training, or experience pertaining to the

professional requirements of the project; and

(f) Upon completion of the selection process set forth in this subsection, the

commissioner of the Department of Facilities Management shall submit a

statement to the Auditor of Public Accounts attesting to full compliance with

the selection process for each firm appointed to provide engineering or

engineering-related services. In addition, a complete record of the selection

process for each project shall be maintained by the department and shall be

subject to audit by the Auditor of Public Accounts.

(5) The engineering and engineering-related services selection committee created in the

Transportation Cabinet shall consist of six (6) or more members selected in the

manner specified in each paragraph:

(a) Two (2) engineers. The secretary of the Transportation Cabinet shall appoint a

pool of six (6) engineers who are employees of the cabinet. At least three (3)

of the engineers shall be merit employees of the cabinet. The secretary, or

designee, under the supervision of the Auditor of Public Accounts, or

designee, shall randomly select engineers from the pool. The first employee

selected shall be placed on the selection committee. If the first employee

selected is a merit employee, the second employee selected shall be placed on

the selection committee. If the first employee selected is a nonmerit

employee, the selection process shall continue until a merit employee is

selected. That merit employee shall be placed on the selection committee;

(b) Two (2) engineers who are merit employees of the user division appointed by

the head of that division to serve for the duration of the selection committee's

participation in the project for which they were appointed by the user agency.

However, if two (2) user divisions have approximately equal responsibilities

or separate responsibilities for the project, each user division head shall

appoint one (1) member to the selection committee;

(c) An individual. The Kentucky Society of Professional Engineers and the

Kentucky Consulting Engineers Council shall together nominate nine (9)

individuals, and the Governor shall appoint three (3) of these individuals to

serve in the pool from which the secretary of the Transportation Cabinet, or

designee, under the supervision of the Auditor of Public Accounts, or

designee, shall randomly select one (1) individual to serve on the committee;

(d) One (1) or more merit employees of the Auditor of Public Accounts,

appointed by the Auditor, who may, at the discretion of the Auditor, serve as

nonvoting members of the committee. If one (1) employee is appointed, then

that employee may attend any committee proceedings. If more than one (1)

employee is appointed, then either of the employees may attend any

committee proceeding; and

(e) Upon completion of the selection process set forth in this subsection, the

commissioner of the Department of Highways shall submit a statement to the

Auditor of Public Accounts attesting to full compliance with the selection

process for each firm appointed to provide engineering or engineering-related

services. In addition, a complete record of the selection process for each

project shall be maintained by the department and shall be subject to audit by

the Auditor of Public Accounts.

(6) The engineering and engineering-related services selection committee created

within the Department of Fish and Wildlife Resources shall consist of six (6) or

more members selected as follows:

(a) The commissioner of the Department of Fish and Wildlife Resources shall

appoint five (5) members:

1. One (1) department employee in or designated to the job classification

of Department of Fish and Wildlife Resources Project Manager;

2. Two (2) Department of Fish and Wildlife Resources employees in the

Engineering and Geological series, at least one (1) of whom shall be a

merit employee;

3. One (1) merit employee of the Department of Fish and Wildlife

Resources designated by the division head for the project or by the

commissioner; and

4. One (1) employee of the Department of Fish and Wildlife Resources

who is an attorney;

(b) The Kentucky Society of Professional Engineers and the Kentucky Consulting

Engineers Council shall together nominate nine (9) individuals, and the

Governor shall select three (3) of these individuals to serve in a pool from

which the commissioner of the Department of Fish and Wildlife Resources, or

designee, under the supervision of the Auditor of Public Accounts, or

designee, shall randomly select one (1) individual to serve on the committee;

(c) One (1) or more merit employees of the Auditor of Public Accounts,

appointed by the Auditor, who may, at the discretion of the Auditor, serve as

nonvoting members of the committee. If one (1) employee is appointed, then

that employee may attend any committee proceedings. If more than one (1)

employee is appointed, then either of the employees may attend any

committee proceeding; and

(d) Upon completion of the selection process set forth in this subsection, the

commissioner of the Department of Fish and Wildlife Resources shall submit

a statement to the Auditor of Public Accounts attesting to full compliance

with the selection process for each firm appointed to provide engineering or

engineering-related services. A complete record of the selection process for

each project shall be maintained by the Department of Fish and Wildlife

Resources and shall be subject to audit by the Auditor of Public Accounts.

(7) (a) All selection committee members shall have experience which qualifies them

to serve on the committee.

(b) The same appointment procedures set out in this section apply to any user

agency or user division listed in subsection (3), (4), (5), or (6) of this section

that does not operate under a merit system.

(c) Any individual appointed to serve in a pool from which selection committee

members are drawn shall serve in the pool for an initial one (1) year term and

may be reappointed. He or she shall serve until his or her successor is

appointed and qualified. A successor or a replacement, in the case of a

vacancy in the pool, shall be appointed in the same manner as the initial

appointee. If a selection committee member, drawn from a pool, leaves a

selection committee, his or her replacement shall be drawn from the pool in

the same manner as he or she. The replacement shall have the merit or

nonmerit status of his or her predecessor.

(d) Any individual appointed by the Auditor of Public Accounts to serve on

selection committees shall serve an initial one (1) year term and may be

reappointed to succeed himself or herself. He or she shall serve until his or her

successor is appointed and qualified. A successor or a replacement, in the case

of a vacancy, shall be appointed in the same manner as the initial appointee.

(e) The selection committee members appointed by the head of a user agency or

user division shall serve on a project-by-project basis. These members shall

participate only in committee action related to the project for which they were

appointed. A replacement, in the case of a vacancy, shall be appointed in the

same manner as the initial appointee.