Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:309 - Noncompetitive negotiations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.095
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				45A.035 authorizes the Secretary of the
				Finance and Administration Cabinet to promulgate administrative regulations for
				the implementation of the Kentucky Model Procurement Code (KRS Chapter 45A).
				KRS
				45A.095(1) requires the
				cabinet to promulgate administrative regulations concerning noncompetitive
				negotiations. This administrative regulation implements the provisions of
				KRS
				45A.095.
Section
			 1. Contracts may be awarded on the basis of noncompetitive
			 negotiations only for:
(1) Telephone,
			 electrical energy, and other public utility services;
(2) Other services provided within a defined
			 geographic area pursuant to a franchise awarded pursuant to law by a city,
			 county, or other political subdivision authorized to award the
			 franchise;
(3) Purchase or lease of
			 a telephone system to serve the internal needs of state agencies or
			 institutions;
(4) Commodities,
			 equipment, or services available from a sole source, as determined by the
			 purchasing officer in writing;
(5)
			 Instructional materials, equipment, or supplies available from a sole source
			 and necessary to a particular instructional program, as determined by the
			 purchasing officer in writing;
(6)
			 Special supplies or equipment required for laboratory or experimental studies
			 and necessary to a particular study, as determined by the purchasing officer in
			 writing;
(7) Contracts or
			 subscriptions for the purchase of published books, maps, periodicals, technical
			 pamphlets, and except for those specially commissioned for use by an agency
			 which shall be contracted for as provided by subsection (9) of this section,
			 recordings, films, and works of art for museum or public display;
(8) Commercial items purchased from a
			 wholesaler, manufacturer, or producer of the item for, and not requiring
			 modification or alteration prior to, resale to the general public through a
			 resale outlet maintained by a state agency;
(9) Professional, technical, scientific, or
			 artistic services, or agreements with multiple vendors of medical or health
			 care and related services, and fixed rates of payment for those services as
			 prescribed by state or federal law or administrative regulations, and entered
			 into for the benefit of persons who are wards of the Commonwealth, or who are
			 otherwise entitled pursuant to law to the provision of health care and related
			 services by the Commonwealth;
(10)
			 Commodities, supplies, equipment, or construction services that would
			 ordinarily be purchased on a competitive basis if an emergency has been
			 declared in the manner prescribed by
			 KRS
			 45A.095(2) and
			 (3);
(11) Supplies, equipment or services from the
			 Government of the United States, another state, or a political subdivision of
			 the Commonwealth, or nonprofit organization organized under the laws of the
			 Commonwealth, another state or the District of Columbia, or chartered under an
			 Act of Congress, and lawfully doing business in the Commonwealth of Kentucky,
			 and serving a public purpose of an essentially government, civic, educational
			 or charitable nature;
(12)
			 Contracts with vendors who maintain a general service administration price
			 agreement with the United States of America, if the contract between the
			 Commonwealth and the vendor does not authorize a price higher than is contained
			 in the contract between general service administration and the
			 vendor;
(13) Purchase of real
			 property or interests in real property;
(14) Purchase of fresh food and perishable
			 items which cannot reasonably be acquired through competitive sealed bidding;
			 and
(15) Purchase of limited goods
			 or services that cannot reasonably or practically be obtained through
			 competitive sealed bidding as determined by the executive director of the
			 Office of Material and Procurement Services.