200 KAR 5:309. Noncompetitive

negotiations.

 

      RELATES TO: KRS 45A.095

      STATUTORY AUTHORITY: KRS 45A.035,

45A.045, 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.

 

      Section 2. Contracts for professional,

technical, scientific, or artistic services under Section 1(9) of this

administrative regulation shall be awarded as provided in KRS 45A.690 to

45A.725, except that contracts for architectural or engineering services shall

be awarded in accordance with KRS 45A.800 to 45A.838. (5 Ky.R. 576; Am. 949;

eff. 7-17-79; 18 Ky.R. 1362; eff. 1-10-92; 30 Ky.R. 676; eff.1465; eff.

1-5-2004; 31 Ky.R. 1876; 32 Ky.R. 47; eff. 8-5-05.)