Kentucky Administrative Regulations › Title 600 - TRANSPORTATION CABINET › Chapter 6 - Professional Engineering and Related Services › Section 600 KAR 6:060 - Professional Engineering and Engineering-Related Service Selection Committee

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 45A.800-45A.835,  23 C.F.R. 172, 23 U.S.C. 112(b)(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 45A.807(2) requires
				the Transportation Cabinet to promulgate administrative regulations to
				implement its procurement of engineering services pursuant to KRS 45A.800 to
				45A.835. This administrative regulation establishes the procedure to be used by
				the Transportation Cabinet when selecting engineering or engineering-related
				services while implementing the provisions of KRS 45A.800 to 45A.835.
Section 1. Establishing a Professional
			 Engineering and Engineering-related Services Selection Committee.
(1) A Professional Engineering and
			 Engineering-related Services Selection Committee shall be selected as set forth
			 in KRS 45A.810(5) and (6).
(2)
(a) The Transportation Cabinet Secretary, or
			 designee, shall annually request voluntary applications from the professional
			 engineering staff in the cabinet for availability to serve in the pool of six
			 (6) professional engineers required by KRS 45A.810(5)(a).
(b) The Transportation Cabinet Secretary, or
			 designee, shall review all applications from which the secretary shall appoint
			 six (6) professional engineers to serve in the pool for a period of one (1)
			 year.
(c) The six (6) appointees
			 shall meet the requirements established in KRS 45A.810(5)(a).
(d) A person serving on the Professional
			 Engineering and Engineering-related Services Selection Committee from this pool
			 shall not be eligible to serve on the same selection committee as a
			 representative of a user division as specified by KRS 45A.810(5)(b).
(3)
(a) The director of the user division
			 responsible for monitoring the professional services shall appoint two (2)
			 professional engineers from either the user division or the same functional
			 area from the highway district offices where the project is located in
			 accordance with KRS 45A.810(5)(b).
(b) If the user division does not have two
			 (2) professional engineering merit employees or if the services in the
			 announcement are for nonengineering but related services, the director shall
			 appoint two (2) employees who have familiarity and experience related to the
			 services that are being contracted.
(c) The director may appoint himself or
			 herself to the committee.
(d) If
			 the cabinet is procuring engineering or engineering-related services in
			 conjunction with another agency or governmental entity or state, that unit
			 outside the cabinet may be designated as a co-user division and be eligible to
			 appoint one (1) member of the selection committee.
(4) An employee of the cabinet shall not
			 involuntarily serve as a member of a Professional Engineering and
			 Engineering-related Services Selection Committee.
(5) Each member of a Professional Engineering
			 and Engineering-related Services Selection Committee shall complete, sign, and
			 return to the committee the following forms:
(a) Form TC 40-9E, Certification of
			 Understanding of Restrictions for Members of Professional Engineering and
			 Engineering-related Services Selection Committee;
(b) Form TC 40-6, "Ex Parte"
			 Disclosure;
(c) Form TC 40-4,
			 Certification of Confidentiality; and
(d) Form TC 40-10, Certification of
			 Conformity with Procurement Process.
(6)
(a) If
			 the individual, randomly selected to serve on a selection committee in
			 accordance with KRS 45A.810(5)(c), is an employee of a consulting firm, that
			 consulting firm shall not be considered for a project which is reviewed by that
			 selection committee.
(b) If a firm
			 submitted a response under the circumstance identified in paragraph (a) of this
			 subsection, the firm's response for that project shall be returned by the
			 selection committee with a letter of explanation.
(7) After issuing approval to advertise for a
			 consultant to perform engineering or engineering-related services, the
			 secretary of the cabinet, or designee, shall establish a Professional
			 Engineering and Engineering-related Services Selection Committee for each
			 project.
(8) The Division of
			 Program Performance shall provide each Professional Engineering and
			 Engineering-related Services Selection Committee with the necessary
			 administrative and technical support and office supplies.
(9)
(a) Each
			 member of a Professional Engineering and Engineering-related Services Selection
			 Committee shall comply with the Executive Branch Code of Ethics established in
			 KRS Chapter 11A.
(b) Each member of
			 a selection committee shall comply with the cabinet's Official Order Number
			 102295 regarding conflicts of interest.