reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:021 - Manual of policies and procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 45A
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				45A.045(2) requires the
				Finance and Administration Cabinet to publish a manual of policies and
				procedures, which is to be incorporated by reference as an administrative
				regulation pursuant to KRS Chapter 13A. This administrative regulation
				incorporates the Finance and Administration Cabinet Manual of Policies and
				Procedures.
Section 1. A state agency
			 shall follow the procurement requirements in the Finance and Administration
			 Cabinet Manual of Policies and Procedures.
Section 2. Incorporation by Reference.
(1) "Finance and Administration Cabinet
			 Manual of Policies and Procedures", revised February 2016, is incorporated by
			 reference.
(2) This material may be
			 inspected, copied, or obtained, subject to applicable copyright law, at the
			 Finance and Administration Cabinet, Office of Policy and Audit, Policy Branch,
			 Room 493, Capitol Annex, Frankfort, Kentucky 40601, Monday through Friday, 8
			 a.m. to 4:30 p.m. This material may also be obtained at the Finance and
			 Administration Cabinet's Web site,
www.finance.ky.gov/services/policies/Pages/default.aspx
.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:076 - Small and small minority business set asides

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.675,
				45A.680,
				13
				C.F.R. 121.201
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				45A.665(4) requires the
				Finance and Administration Cabinet to define "small or small minority
				business".
				KRS
				45A.670 authorizes the Finance and
				Administration Cabinet to promulgate administrative regulations defining
				standards regarding the classifications and definitions for small and small
				minority business as they relate to
				KRS
				45A.665 to
				45A.685. This
				administrative regulation establishes standards for small and small minority
				business set asides in contracts issued by the Commonwealth of Kentucky.
Section 1. Definitions.
(1) "Small business" means a business,
			 including its affiliates, which:
(a) Is
			 independently owned and operated;
(b) Is not dominant in the field of operation
			 in which it is bidding; and
(c)
			 Meets the size standards of
			 13
			 C.F.R. 121.201.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:305 - Performance bonds; forms; payments

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.190,
				45A.195
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.195(1) requires the
				secretary to promulgate administrative regulations establishing the form of the
				bonds required by
				KRS
				45A.180 to
				45A.200.
				This administrative regulation implements the provisions of
				KRS
				45A.190 and
				45A.195.
Section 1. A contract shall not be awarded to
			 a contractor who fails or refuses to give bond to the Commonwealth if required
			 as provided by
			 KRS
			 45A.190.
Section 2. A contractor may be declared in
			 default of a contract with the Commonwealth of Kentucky, and bond forfeited, if
			 it is determined by the purchasing official that the contractor is in breach of
			 the terms and conditions of the contract, including, in contracts for
			 construction services, failure to make timely payment of bills for labor,
			 materials and supplies as evidenced by liens filed against the construction
			 fund by laborers and suppliers pursuant to
			 KRS
			 376.195 to
			 376.260,
			 or by letters of indebtedness filed with the purchasing agency evidencing that
			 these bills are due and have not been paid by the contractor.
Section 3.
(1) The form of performance and payment bond
			 required to be given by construction contractors pursuant to Sections 1 and 2
			 of this administrative regulation, including the terms and conditions of the
			 performance and payment bond, shall be published in the Finance and
			 Administration Cabinet "Manual of Policies and Procedures" incorporated by
			 reference as an administrative regulation pursuant to
			 200 KAR
			 5:021. The form of bond shall be applicable to, and
			 included in all contracts for construction services if required by
			 KRS
			 45A.190 and this administrative regulation;
			 except that the bond form or terms may be modified, if in connection with a
			 particular procurement, it is determined, in writing, by the purchasing officer
			 that the modification is reasonably required for the procurement in the best
			 interest of the Commonwealth of Kentucky.
(2) The form of bond required to secure the
			 performance of all other contracts for the purchase of commodities, supplies,
			 equipment or services by the Commonwealth shall be the standard form of
			 performance or payment bond customarily issued by surety companies authorized
			 to do business in Kentucky, plus any additional terms required by the
			 purchasing agency and agreed to by the surety.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:306 - Competitive sealed bidding

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.080
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).
				This administrative regulation implements
				KRS
				45A.080.
Section
			 1.
(1) The purchasing agencies
			 of the Commonwealth shall provide adequate public notice of solicitations
			 pursuant to
			 KRS
			 45A.080(3).
(2) In addition to any other public notice
			 given pursuant to
			 KRS
			 45A.080(3), solicitations
			 shall be posted to the Finance and Administration Cabinet's procurement
			 website.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:307 - Competitively negotiated contracts

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.085,
				45A.090
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.085 authorizes the secretary to
				promulgate administrative regulations concerning contracts awarded by
				competitive negotiation. This administrative regulation implements the
				provisions of
				KRS
				45A.085 and
				45A.090
				relating to competitively negotiated contracts.
Section 1. A contract may be awarded by
			 competitive negotiation if the purchasing officer determines in writing that:
(1) Due to the complex nature or technical
			 detail of a particular procurement, specifications cannot be fairly and
			 objectively prepared so as to permit competition in the solicitation of sealed
			 bids;
(2) High technology
			 electronic equipment is available from a limited number of sources of supply
			 and specifications cannot practicably be prepared except by reference to the
			 specifications of the equipment of a single source of supply;
(3) Solicitation of competitive sealed bids
			 is not practicable; or
(4)
			 Conditions described in
			 KRS
			 45A.085(3) or
			 45A.090(1)
			 exist.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:310 - Multiple contracts

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 45A
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).
				This administrative regulation implements the provisions of
				KRS
				45A.035(2)(i).
Section 1. Multiple contracts may be awarded
			 on the basis of a single solicitation, if it is determined in writing by the
			 purchasing officer in advance of the solicitation that the award of multiple
			 contracts may be in the commonwealth's best interests. A determination that
			 multiple contracts may be awarded shall not preclude the award of a single
			 contract for the procurement.
Section
			 2. If it is determined in writing by the purchasing officer after
			 the evaluation of competitive bids, or the closing of competitive negotiations,
			 that bids or offers substantially and materially responsive to the terms of the
			 procurement have been received for only a part of the requirements of the
			 procurement, a contract or contracts may be awarded as to the part of the
			 procurement for which responsive bids or offers have been received. Bids or
			 offers determined nonresponsive shall be disqualified and new bids or proposals
			 may be solicited, on the same or revised terms, conditions, and
			 specifications.
STATUTORY AUTHORITY:
				  KRS
				  45A.035
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:311 - Contract modifications

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 45A
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				45A.210(1) authorizes the
				Secretary of the Finance and Administration Cabinet to promulgate
				administrative regulations permitting or requiring inclusion in procurement
				contracts of clauses enabling the commonwealth to effect changes or
				modifications in contracts. This administrative regulation establishes policies
				and procedures for modifying contracts issued by state agencies.
Section 1. The purchasing agencies within the
			 Finance and Administration Cabinet, and any state agency to whom purchasing
			 authority has been delegated by the Finance and Administration Cabinet, may
			 provide by appropriate clauses to contracts for supplies or services for
			 changes and modifications, and for the method of calculating the costs of any
			 change in the contract price resulting from the modification. In contracts,
			 other than construction contracts, for the purchase in fixed amounts of
			 commodities, supplies and equipment, an increase in quantity of more than ten
			 (10) percent shall not be permitted unless the solicitation informed
			 prospective bidders or offerors that an increase in quantity might be
			 forthcoming, nor shall increases in unit prices be permitted except as provided
			 by a price escalation clause authorized by the solicitation or request for
			 proposals.
Section 2. All changes
			 to contracts for the purchase of commodities, supplies, equipment and
			 construction services shall be effected by a modification to the contract. A
			 copy of the modification and documentation from the purchasing officer stating
			 the reason and basis for the modification shall be maintained in the contract
			 file by the purchasing agency.
STATUTORY AUTHORITY:
				  KRS
				  45A.210(1)
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:312 - Termination of contracts

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 45A
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				45A.210(2) and (3) authorize
				the Secretary of the Finance and Administration Cabinet to promulgate
				administrative regulations for the termination of contracts for the procurement
				of supplies or services, or both supplies and services. This administrative
				regulation establishes requirements for the termination of contracts.
Section 1. General Terms.
(1) Any contractor who is determined in
			 writing by the purchasing officer to be in breach of any of the terms and
			 conditions of a contract with the commonwealth of Kentucky, shall be declared
			 in default and the contract may be terminated.
(2) Termination notice. The purchasing
			 officer shall terminate a contract by written notice to the contractor. The
			 notice to the contractor shall be sent certified mail, return receipt
			 requested, and shall state:
(a) The contract
			 is being terminated for the convenience of the commonwealth, for default by the
			 contractor, or for nonappropriation, in accordance with Sections 2 to 4 this
			 administrative regulation;
(b) The
			 effective date of termination;
(c)
			 The extent of termination; and
(d)
			 Any special instructions.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:314 - Disclosure of contractor's financial records and information to certain governmental entities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 45A.030,
				61.870-61.884
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				45A.035(2)(h) requires the
				Secretary of the Finance and Administration Cabinet to promulgate this
				administrative regulation to govern confidentiality of technical data and trade
				secrets information submitted by actual or prospective bidders or offerors.
				This administrative regulation establishes requirements which allow
				governmental oversight agencies to obtain access to the financial data of state
				contractors.
Section 1. All state
			 contracts, as defined in
			 KRS
			 45A.030(7), shall contain
			 the following language: "The contractor, as defined in
			 KRS
			 45A.030(9) agrees that the
			 contracting agency, the Finance and Administration Cabinet, the Auditor of
			 Public Accounts, and the Legislative Research Commission, or their duly
			 authorized representatives, shall have access to any books, documents, papers,
			 records, or other evidence, which are directly pertinent to this contract for
			 the purpose of financial audit or program review. Records and other
			 prequalification information confidentially disclosed as part of the bid
			 process shall not be deemed as directly pertinent to the contract and shall be
			 exempt from disclosure as provided in
			 KRS
			 61.878(1)(c). The contractor
			 also recognizes that any books, documents, papers, records, or other evidence,
			 received during a financial audit or program review shall be subject to the
			 Kentucky Open Records Act,
			 KRS
			 61.870 to
			 61.884.
STATUTORY AUTHORITY:
				  KRS
				  45A.035(2)(h)
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:315 - Disciplinary action for failure to perform

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.080,
				45A.085,
				45A.185,
				45A.190,
				45A.230,
				45A.325
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.035(2)(b) requires the
				cabinet to promulgate administrative regulations governing prequalification,
				suspension, debarment, and reinstatement of prospective bidders. This
				administrative regulation establishes those requirements.
Section 1. Any bidder or contractor to the
			 Commonwealth of Kentucky who, except for good cause shown, shall have
			 committed, or failed to perform, as the context may require, one or more of the
			 following acts or omissions, may be subject to disciplinary action by the
			 Finance and Administration Cabinet as set forth in Section 2 of this
			 administrative regulation. Specific grounds for disciplinary action shall
			 include:
(1) Failure to post bid or
			 performance bonds, or to provide alternate bid or performance guarantee in a
			 form acceptable to the purchasing agency in lieu of a bond, as required by a
			 solicitation;
(2) Substitution of
			 commodities without the prior written approval of the purchasing
			 agency;
(3) Failure to comply with
			 the terms and conditions of a solicitation or contract, including failure to
			 complete performance within the time specified in the contract;
(4) Failure to replace inferior or defective
			 materials, supplies or equipment immediately after notification by the
			 purchasing agency or the agency to which the materials, supplies, or equipment
			 have been delivered;
(5) Refusal to
			 accept a contract awarded pursuant to the terms of a solicitation, or following
			 the close of competitive negotiations;
(6) Falsifying invoices, or making false
			 representations to any state agency or official, about any payment under a
			 contract, or to procure award of a contract, or to induce a modification in the
			 price or the terms of a contract to the contractor's advantage;
(7) Collusion or collaboration with another
			 bidder or other bidders in the submission of bids for the purpose of reducing
			 competition;
(8) Failure to report,
			 or to pay the Kentucky Revenue Cabinet any sales or use taxes as may be due in
			 connection with a procurement contract as provided by law; and
(9) Failure to comply with the prevailing
			 wage law requirements of state or federal laws as may be applicable to any
			 public works contract of the Commonwealth or any political subdivision or
			 public authority.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:317 - Cost principles

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.215, 45 C.F.R. 74, 92, 96, 48 C.F.R. 31,
				42 U.S.C.
				9801-9822
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				45A.215 authorizes the Secretary of the
				Finance and Administration Cabinet to promulgate administrative regulations
				setting forth cost principles to be used as guidelines to determine allowable
				costs incurred by contractors under cost reimbursement-type contracts, if
				estimated or incurred costs of performing contracts have to be determined; and
				in the negotiation of contracts not subject to competitive bidding, if changes
				or modifications to contracts are directed or for the settlement of contracts
				that have been terminated. This administrative regulation establishes the cost
				principles to be employed to determine a contractor's costs.
Section 1. Cost reimbursement contracts shall
			 conform to the cost principles set forth in 48 C.F.R. Part 31 and Contract Cost
			 Principles and Procedures, Office of Management and Budget Circulars A-21,
			 A-87, A-122.
Section 2.
(1) Cost reimbursement contracts provided
			 under Title 45 C.F.R., Public Welfare, shall be governed by the requirements of
			 the Omnibus Budget Reconciliation Act of 1981
			 42 U.S.C.
			 9801 to
			 9822,
			 in accordance with applicable administrative requirements and cost principles
			 specified in Title 45 C.F.R. Part 74 , Administration of Grants, and Office of
			 Management and Budget Circulars A-21, A-87, A-122. Federal interpretation of
			 cost principle requirements may be used as a guide in the Commonwealth's
			 determination of the applicability of the various subparts and appendices of 45
			 C.F.R. Parts 74, 92 and 96.
(2) The
			 Commonwealth shall not be required to secure any approvals from the federal
			 granting authority as specified in 45 C.F.R. Part 74 unless it is specifically
			 required by the Omnibus Reconciliation Act of 1981,
			 42 U.S.C.
			 9801 to
			 9822,
			 individual Block Grants, or by changes hereinafter enacted in federal law or
			 regulations. The Commonwealth shall not apply any part of 45 C.F.R. Part 74
			 which it determines not to be in the best interest of the
			 Commonwealth.
(3) The exclusive
			 method of determining allowable costs incurred by contractors under cost
			 reimbursement type contracts entered into under community services and social
			 services block grants shall be as provided in this section.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:330 - Purchase of goods, supplies, equipment, materials and printing with minimum recycled content

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 45A.500-45A.540
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				45A.520 requires the Finance and
				Administration Cabinet to promulgate administrative regulations establishing a
				minimum recycled material content to be used by every state agency when
				purchasing goods, supplies, equipment, materials, and printing.
				KRS
				45A.520 further provides that if the United
				States Environmental Protection Agency has established a minimum recycled
				content for certain products, then the Finance and Administration Cabinet shall
				adopt at a minimum, those standards established by the United States
				Environmental Protection Agency pursuant to the Resource Conservation and
				Recovery Act of 1976, as amended. This administrative regulation establishes
				requirements concerning recycled material content.
Section 1. Definitions.
(1) "Mill broke" means any paper generated in
			 a paper mill prior to completion of the paper manufacturing process which is
			 unsuitable for end use applications and is subsequently reused in the paper
			 manufacturing process.
(2)
			 "Postconsumer waste" means products or materials which have been discarded by a
			 consumer.
(3) "Recovered fly ash"
			 means the component of coal which results from the combustion of coal, and is
			 the finely divided mineral residue which is typically collected from boiler
			 stack gases by electrostatic precipitator or mechanical collection
			 devices.
(4) "Recovered material"
			 means those materials which have been separated, diverted or removed from the
			 solid waste stream after a manufacturing process.
(5) "Recovered paper material" means paper
			 products and paper byproducts which, if not recovered, would otherwise be solid
			 waste, and which are intended for sale, use, reuse, or recycling, whether such
			 materials or byproducts require subsequent separation and processing, excluding
			 the virgin content of mill broke and sawdust.
(6) "Re-refined oil" means used oils from
			 which the physical and chemical contaminants acquired through previous use have
			 been removed through a refining process.
(7) "Solid waste stream" means a path of
			 discarded material from point of origin to ultimate disposition.
(8) "State agency" is defined by
			 KRS
			 45A.505.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:340 - Privatization evaluation process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 45A.550-45A.554
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				45A.552 requires the Finance and
				Administration Cabinet to develop an objective and systematic process for
				evaluating the information required to be submitted by state agencies for use
				in determining whether to approve privatization of a government service. This
				administrative regulation establishes the process for evaluating information
				when determining whether to approve a request for privatization.
Section 1. Request to Privatize.
(1) An agency desiring to enter into a
			 privatization contract, as defined in
			 KRS
			 45A.550, shall submit a Request to Privatize,
			 signed by the agency head, and accompanied by the written documentation
			 described in
			 KRS
			 45A.551(2) and (3), to the
			 Secretary of the Finance and Administration Cabinet.
(2) The secretary shall:
(a) Appoint an ad hoc committee to review the
			 request;
1. The committee shall consist of:
a. Two (2) employees from the Personnel
			 Cabinet; and
b. Four (4) employees
			 from the Finance and Administration Cabinet.
2. The committee:
a. Shall verify the accuracy and completeness
			 of the information submitted by the agency;
b. Shall develop a method and benchmarks for
			 evaluating a request, document the method and benchmarks in writing, and attach
			 the document to the committee's recommendation to the secretary;
c. May request a meeting with the agency to
			 discuss or clarify the information submitted;
d. Shall score the request based on the
			 information submitted pursuant to
			 KRS
			 45A.551(2) and (3) and the
			 method and benchmarks established by the committee; and
e. Shall issue a written recommendation to
			 the secretary, including data compiled by the committee, within thirty (30)
			 days of submission of the request to the secretary.
(b) Issue a written determination
			 approving or rejecting the Request to Privatize, within ten (10) days from
			 receipt of the committee's recommendation, and forward a copy of the
			 secretary's determination and the committee's recommendation to the Government
			 Contract Review Committee.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:350 - Guaranteed energy savings performance contracting

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 56.770-56.784
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				56.784(2) requires the
				Finance and Administration Cabinet to promulgate administrative regulations to
				establish a process for procurement of energy savings performance contracts,
				including required contract language. This administrative regulation
				establishes the process for procurement of energy-savings performance
				contracts.
Section 1. Definitions.
(1) "GESPC" means a guaranteed energy savings
			 performance contract as defined in
			 KRS
			 56.770(5), and further
			 described at
			 KRS
			 56.774(5).
(2) "Memorandum of understanding" is defined
			 alternatively as "memorandum of agreement" at
			 KRS
			 45A.690(1)(d).
(3) "Offeror" is defined at
			 KRS
			 45A.070(6).
(4) "Owner" means:
(a) The Finance and Administration Cabinet;
			 or
(b) The governing board of an
			 institution of postsecondary education that, pursuant to
			 KRS
			 164A.560(1), has elected to
			 perform in accordance with
			 KRS
			 164A.555 to
			 164A.630
			 regarding capital construction.
(5) "RFP" means a request for proposals as
			 defined in
			 KRS
			 45A.070(5).
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:355 - Public-private partnership delivery method

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.030,
				45A.077,
				45A.085,
				45A.090,
				45A.180,
				45A.183,
				45A.190,
				45A.435,
				45A.550-45A.554,
				61.878,
				65.025,
				65.028
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.077 and
				65.028 require the secretary to
				promulgate administrative regulations setting forth the criteria to be used in
				determining when a public-private partnership is to be used for a particular
				project. KRS
				45A.085 authorizes the secretary to
				promulgate administrative regulations concerning contracts awarded by
				competitive negotiation.
				KRS
				45A.180 requires the secretary to promulgate
				administrative regulations for the implementation of as many recognized
				alternative methods of management of construction contracting as are determined
				to be feasible. This administrative regulation establishes guidelines pursuant
				to KRS
				45A.077 and
				65.028 relating to
				public-private partnerships for entities requesting to utilize this procurement
				delivery method.
Section 1.
			 Definitions.
(1) "Cabinet" means the Finance
			 and Administration Cabinet.
(2)
			 "Capital project" is defined by
			 KRS
			 45.750(1)(f), except that
			 for purposes of this administrative regulation, capital project shall include
			 all projects regardless of the size or scope of same.
(3) "Contract" is defined by
			 KRS
			 45A.030(8).
(4) "General fund revenues" means the total
			 combined revenue receipts of the local government or local governments that are
			 a party to the public-private partnership agreement from the imposition of ad
			 valorem taxes, occupational license taxes, insurance premium taxes, and
			 franchise fees.
(5) "Governmental
			 body" is defined by KRS
			 45A.030(17).
(6) "Kentucky Local Government Public-Private
			 Partnership Board" is established and defined by
			 KRS
			 65.028(11).
(7) "Local government" is defined by
			 KRS
			 65.028(1)(c).
(8) "Private partner" is defined by
			 KRS
			 45A.030(21) and
			 KRS
			 65.025(1)(g).
(9) "Public-private partnership" is defined
			 by KRS
			 45A.030(23).
(10) "Total contractual value" means the
			 cumulative amount to be paid or reasonably estimated to be paid over the entire
			 term of the public-private partnership agreement between the local government
			 or local governments and the private partner or private partners in
			 consideration of the performance of the private partner or partners.
(11) "Using agency" is defined by
			 KRS
			 45A.030(30).
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:365 - Alternative project delivery methods for capital construction

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 45A.030,
				45A.085,
				45A.180,
				45A.183,
				45A.690-45A.725
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				45A.180 requires the Secretary of the Finance
				and Administration Cabinet to promulgate administrative regulations for the
				implementation of as many recognized alternative methods of management of
				construction contracting as are determined to be feasible. This administrative
				regulation implements the provisions of
				KRS
				45A.180 and
				45A.183
				relating to alternative construction delivery methods.
Section 1. Definitions.
(1) "Alternative construction delivery
			 method" means a delivery method other than design-bid-build.
(2) "Chief purchasing officer" is defined by
			 KRS
			 45A.030(3).
(3) "Construction management-at-risk" is
			 defined by
			 KRS
			 45A.030(6).
(4) "Construction manager-agency" is defined
			 by
			 KRS
			 45A.030(5).
(5) "Construction manager-general contractor"
			 is defined by
			 KRS
			 45A.030(7).
(6) "Design-bid-build" is defined by
			 KRS
			 45A.030(12).
(7) "Design-build" is defined by
			 KRS
			 45A.030(13).
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:375 - Multi-step competitive sealed bidding

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.080
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).
				This administrative regulation implements a multistep bidding process under the
				provisions of
				KRS
				45A.080.
Section
			 1. Definitions.
(1) "Acceptable"
			 means the unpriced technical offer is compliant with technical specifications
			 described in the solicitation.
(2)
			 "Multistep sealed bidding" means a two (2) phase process consisting of a
			 technical first phase composed of one (1) or more steps in which bidders may
			 submit unpriced technical offers to be evaluated by the purchasing agency, and
			 a second phase in which those bidders whose technical offers are determined to
			 be acceptable during the first phase have their price bids
			 considered.
(3) "Potentially
			 acceptable" means the unpriced technical offer.
(4) "Prebid conference" means a meeting or
			 discussion with the purchasing officer and interested bidders.
(5) "Reverse auction" means a real-time,
			 structured bidding process, usually lasting less than one (1) hour and taking
			 place during a previously scheduled time and Internet location, during which
			 multiple suppliers, anonymous to each other, submit revised, lower bids to
			 provide the solicited good or service.
(6) "Unacceptable" means the unpriced
			 technical offer is not materially compliant with the technical specifications
			 described in the solicitation to such an extent that there is no reasonable
			 assurance that, by amendment, the offer will meet or exceed the specifications
			 and other requirements.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:380 - Protests

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.170(d),
				45A.285
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.
				This administrative regulation establishes a more definitive filing deadline
				for written protests relative to individual solicitations and defines the
				information required to be contained in all written protests in order to allow
				more efficient, expeditious, and on the record resolution of protests.
Section 1.
(1) For purposes of computing the two (2)
			 calendar week deadline for the submission of protests pursuant to
			 KRS
			 45A.285(2), the following
			 presumptions shall apply:
(a) For protests
			 based upon alleged improprieties in a solicitation for bids or proposals which
			 relate to the solicitation documents themselves, the facts giving rise to the
			 protest shall be presumed to have been known to the protester on the date the
			 solicitation, or a modification to it, was posted to the Commonwealth of
			 Kentucky's eProcurement Web site,
www.eprocurement.ky.gov
. Alleged
			 improprieties in a solicitation for bids or proposals may include disputes
			 arising from specifications requiring items deemed to be equivalent or a sole
			 brand in accordance with
			 KRS
			 45A.170(d).
(b) For protests based upon alleged
			 improprieties in the award of a contract, the facts giving rise to the protest
			 shall be presumed to have been known to the protester on the date the notice of
			 award of a contract was posted to the Commonwealth of Kentucky's eProcurement
			 Web site,
www.eprocurement.ky.gov
.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:390 - Registration to collect Kentucky sales and use tax

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.067,
				139.200,
				139.310,
				139.540,
				139.550
NECESSITY, FUNCTION, AND CONFORMITY: KRS 45A. 067(2) requires a
				person contracting with the Commonwealth to register with the Department of
				Revenue to collect and remit the sales and use tax imposed by KRS Chapter 139,
				and
				KRS
				45A.067(5) requires the
				secretary of the Finance and Administration Cabinet to promulgate an
				administrative regulation to establish the procedure for ensuring compliance
				with this requirement. This administrative regulation establishes the
				registration procedure for ensuring compliance.
Section 1.
(1) Any person awarded a contract with the
			 Commonwealth to provide goods or services subject to sales and use tax pursuant
			 to
			 KRS
			 139.200 and
			 139.310
			 shall submit to the contracting agency, prior to execution of a contract:
(a) A copy of the appropriate sales and use
			 tax permit or permit update form, using Form 51A101(a), (b), (c), or (d), which
			 are incorporated by reference in
			 103
			 KAR 3:020, for the person and each of its affiliates
			 if they are registered with the Department of Revenue to collect and remit the
			 sales and use tax imposed by KRS Chapter 139; or
(b) Form 10A100, Kentucky Tax Registration
			 application, which is incorporated by reference in
			 103 KAR
			 3:010, for the person and each of its affiliates, if
			 not registered.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:400 - Kentucky resident bidder reciprocal preference

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.050(7),
				45A.070(1),
				45A.090(2),
				45A.180(1),
				45A.182(1)(c),
				45A.365,
				45A.370,
				45A.375,
				45A.695,
				45A.745,
				45A.825,
				45A.853,
				160.303,
				162.070,
				164A.575,
				164A.590,
				176.010,
				176.082.
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				45A.494(6) requires that the
				Finance and Administration Cabinet promulgate administrative regulations to
				establish the procedure by which a reciprocal preference shall be given to
				Kentucky resident bidders. This administrative regulation establishes the
				procedures by which a reciprocal preference shall be given to Kentucky resident
				bidders.
Section 1. Definitions.
(1) "Contract" is defined by
			 KRS
			 45A.490(1).
(2) "Nonresident bidder" is defined by
			 KRS
			 45A.494(3).
(3) "Public Agency" is defined by
			 KRS
			 45A.490(2).
(4) "Resident bidder" is defined by
			 KRS
			 45A.494(2).
(5) "Response" means any bid or response
			 submitted to a solicitation.
(6)
			 "Solicitation" means an invitation for bid, request for proposal, advertisement
			 for bid, or another formal method of soliciting a contract issued by a public
			 agency.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 5 - Purchasing › Section 200 KAR 5:410 - Preferences for purchases of commodities or services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.465,
				45A.470
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				45A.045(2) requires the
				Finance and Administration Cabinet to promulgate administrative regulations to
				govern purchasing by or for agencies. This administrative regulation
				establishes requirements setting forth the preference given to qualified
				entities identified in
				KRS
				45A.470(1).
Section 1. Definitions.
(1) "Bidder" means any entity submitting a
			 response to a solicitation.
(2)
			 "Qualified bidder" means Kentucky Industries for the Blind, Incorporated; any
			 nonprofit corporation that furthers the purposes of KRS Chapter 163; or a
			 qualified nonprofit agency for individuals with severe disabilities as
			 described in
			 KRS
			 45A.465(3).
(3) "Solicitation" means any invitation for
			 bids, request for proposals, advertisement for bid, or any other method of
			 soliciting a contract issued by a public agency.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 6 - Property › Section 200 KAR 6:015 - Real property inventories

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.045(4)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				45A.045 authorizes the Finance and
				Administration Cabinet to promulgate administrative regulations as necessary to
				serve as the central procurement and contracting agency for the Commonwealth.
				KRS
				45A.045(4) authorizes the
				cabinet to promulgate an administrative regulation for the sale, transfer, or
				disposal of state property. This administrative regulation provides for taking
				of inventories of real property and buildings and the filing of inventories
				with the Division of Real Properties, Finance and Administration
				Cabinet.
Section 1. The Division of
			 Real Properties of the Finance and Administration Cabinet shall be responsible
			 for maintenance of inventory records for all state-owned land and
			 buildings.
Section 2. The inventory
			 shall be supplied to the Division of Real Properties by each agency. The report
			 will be as of June 30th and received by the Division of Real Properties no
			 later than September 30th. All inventory records shall be kept
			 current.
Section 3. Forms for
			 reporting the inventory of both land and buildings shall be supplied by the
			 Division of Real Properties.
(1) Land: each
			 installation shall require a separate inventory report Form B 117-6/FTR-10. For
			 purposes of inventory reporting, an installation shall be state-owned land that
			 completely encloses a definable area of land that is administered by a single
			 state agency. If a tract of land is completely separated by privately owned
			 land, then each tract of land shall be reported by the agency as a separate
			 installation. Contiguous tracts of state-owned land administered by different
			 state agencies shall be reported by these agencies as separate
			 installations.
(2) Buildings.
(a) Each individual building valued at more
			 than $5,000 shall be reported on a separate inventory report Form B
			 117-6/FTR-10.
(b) If acquisition
			 costs are not known for the land or buildings, the current appraisal price as
			 established by the Department of Insurance shall be used for the
			 cost.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 6 - Property › Section 200 KAR 6:060 - Lease of new construction

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				56.463,
				56.800,
				56.803
NECESSITY, FUNCTION, AND CONFORMITY: HB 704 requires proposed
				new construction to be considered in state procurement of leased office space
				pursuant to
				KRS
				56.803 without going through the
				build-to-suit process, so long as the proposed new construction does not
				contain provision for a lease-purchase or an option to purchase by the state.
				This administrative regulation is necessary in order to set minimum
				requirements for documentation to be submitted with a proposal for lease of new
				construction.
Section 1.
(1) In addition to the information requested
			 in the advertisement made pursuant to
			 KRS
			 56.803, proposals for new construction in
			 response to invitations to lease office space shall include:
(a) Documentation of ownership of proposed
			 property (i.e. copy of deed or option to purchase);
(b) Scaled plot of the site identifying the
			 location of the proposed building and parking area(s);
(c) A vicinity map indicating the location of
			 the site;
(d) Scaled or dimensioned
			 floor plan showing the exterior layout of the proposed building, including
			 walls, doors, windows, columns, and any other structural considerations which
			 may affect design of the interior space; and
(e) Certification that the property is
			 properly zoned.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 6 - Property › Section 200 KAR 6:070 - High performance building standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				56.770,
				56.775,
				56.777,
				56.872,
				164A.580
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				56.777(7) requires that the
				Finance and Administration Cabinet promulgate administrative regulations to
				establish high performance building standards for state building projects,
				considering recommendations from the High-Performance Buildings Advisory
				Committee established by
				KRS
				56.777(7). This
				administrative regulation establishes the criteria for the high performance
				building standards and the benchmarks by which the standards will be measured
				in consideration of the Committee's recommendations.
Section 1. Definitions.
(1) "Committee" means the High-Performance
			 Buildings Advisory Committee established by
			 KRS
			 56.777.
(2) "ENERGY STAR" is defined by
			 KRS
			 56.770(17).
(3) "High performance building" is defined by
			 KRS
			 56.770(7).
(4) "LEED" is defined by
			 KRS
			 56.770(19).
(5) "Major renovation building project" means
			 a renovation project for which the budget exceeds half of the replacement value
			 of the building being renovated.
(6) "Replacement value" means the insured
			 value.
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 12 - Personnel › Section 200 KAR 12:020 - Unemployment insurance payments

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 341
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 341.050
				defines "covered employment." This administrative regulation provides that
				agencies employing persons in positions of "covered employment" are to draw
				from funds available amounts sufficient to make unemployment insurance payments
				for each such employee. These amendments make revisions to the administrative
				regulation to bring it into compliance with
				KRS
				13A.220(3) and
				13A.222(4)(c).
Section 1. All agencies of this state
			 employing persons in positions of "covered employment" as defined in
			 KRS 341.050,
			 may draw from funds as are properly available for the operation of each agency
			 an amount or amounts sufficient to make unemployment insurance payments for
			 each employee engaged in "covered employment." These amounts shall be paid over
			 to the Division of Unemployment Insurance in the Cabinet for Human Resources by
			 interaccount transfer between funds upon receipt of appropriate billing as
			 contemplated by
			 KRS
			 341.282.
STATUTORY AUTHORITY:
				  KRS
				  341.282
Kentucky Administrative Regulations › Title 200 - FINANCE AND ADMINISTRATION CABINET › Chapter 12 - Personnel › Section 200 KAR 12:030 - Computing compensation due a state employee after adjudicated penalization

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 18A
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation repeals 200 KAR 12:010, relating to the calculation of compensation
				due a state employee following the Personnel Board's or a court's adjudication
				of an appealed personnel action. This administrative regulation also
				establishes a modified procedure for calculating the foregoing compensation.
				Furthermore, this administrative regulation repeals 200 KAR 6:035, pertaining
				to the leasing of real property on behalf of various state agencies. The
				provisions of that administrative regulation have been codified under
				KRS 56.830.
Section 1. Definitions. The following terms,
			 words or phrases shall have the meaning assigned herein, unless the context
			 indicates otherwise:
(1) "Adjudicated
			 penalization" shall include, but not be limited to, the demotion, dismissal,
			 suspension, fine or any other personnel action for which, after appeal, an
			 employee is ordered either by the Personnel Board or by a court of competent
			 jurisdiction to be reinstated to his former position or like position without
			 loss of pay.
(2) "Corrective dates
			 or corrective period" are synonymous terms for the period between the date of
			 adjudicated penalization or removal from the payroll and the date of
			 reinstatement to a former position or a position of like status and pay as
			 provided by
			 KRS
			 18A.095.
(3) "Gross pay" means the gross amount of pay
			 which an employee would have earned during the corrective period.