Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:302 - Delegation of authority

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.045(3),
				45A.675
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				45A.035(2)(a) requires the
				Secretary of the Finance and Administration Cabinet to promulgate
				administrative regulations relating to conditions and procedures for
				delegations of purchasing authority.
				KRS
				45A.045(5) requires the
				secretary of the cabinet to promulgate administrative regulations establishing
				the method of disposal for personal property of the state, if disposal has been
				delegated to a state agency.
				KRS
				45A.100(3) requires the
				secretary of the cabinet to promulgate administrative regulations concerning
				the granting or revocation of delegations of small purchasing authority by the
				cabinet. This administrative regulation establishes requirements that will
				provide uniformity for all delegations of authority by the Finance and
				Administration Cabinet and ensure the competency of the agency receiving the
				delegated authority in the proposed delegated area of purchasing. In addition,
				this administrative regulation establishes the requirements for the Secretary
				of the Finance and Administration Cabinet to waive the small purchase authority
				limitations pursuant to
				KRS
				45A.100.
Section
			 1. Delegation of Purchasing Authority Other than for Small
			 Purchases.
(1) A secretary's order may
			 delegate Finance and Administration Cabinet purchasing authority pursuant to
			 KRS
			 45A.045(3). A government
			 agency requesting a delegation from the Finance and Administration Cabinet
			 under
			 KRS
			 45A.045(3) shall submit to
			 the secretary proof of competency in the proposed delegated area, demonstrated
			 by staff experience and training and the resources available to the agency to
			 perform the purchase delegation.
(2) The secretary's order shall specify the
			 authority the agency shall receive, the purpose for which the delegation is
			 given, and the period of time for which the delegation is valid.
(3) An agency receiving delegation shall
			 comply with the provisions of KRS Chapter 45A and all other purchasing
			 statutes, administrative regulations, policies and procedures of the Finance
			 and Administration Cabinet.
(4) An
			 agency holding a delegation shall certify annually to the secretary by July 1,
			 that it is in compliance with all purchasing laws, administrative regulations
			 and policies.
(5) A delegation of
			 purchasing authority by the secretary shall remain in force according to the
			 original terms unless modified, or until rescinded by the secretary.
(6) A delegation of purchasing authority for
			 an agency's individual requirements, or to authorize procurement activities by
			 an agency for preestablished and limited periods of time may be granted by the
			 Commissioner of the Department for Administration or the Commissioner for the
			 Department for Facilities Management, or their designees, as appropriate,
			 setting forth the type of procurement activity or function and fixing the
			 limits and restrictions on the exercise of the delegation and its duration. A
			 delegation granted under this section shall not be extended or renewed except
			 with the approval of the Secretary of the Finance and Administration
			 Cabinet.