200 KAR 5:313. General and special
conditions for bidding.
RELATES TO: KRS 45A.070-45A.120
STATUTORY AUTHORITY: KRS 45A.035(2)(g)
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)(g).
Section 1. The Division of Material and
Procurement Services, for commodity and other procurement functions within its
jurisdiction, and the Division of Contracting and Administration, for
construction and related services and items, shall adopt, and revise as
necessary in the discretion of the directors of the divisions, with the
approval of the Commissioners of the Department for Administration and the
Department for Facilities Management, respectively, general conditions for
bidding to the Commonwealth of Kentucky. In relation to a procurement, or class
or type of procurement, the directors may also adopt special conditions,
supplemental to the general conditions.
Section 2. The general conditions for
bidding shall be applicable to, and incorporated by reference in, all
solicitations issued by the Division of Material and Procurement Services, the
Division of Contracting and Administration, or by any agency to which
purchasing authority has been delegated.
Section 3. Submission of a response to a
solicitation shall be deemed to be an agreement to comply with all terms,
conditions, and specifications of the solicitation. (5 Ky.R. 578; Am. 951; eff.
7-17-79; 18 Ky.R. 1366; eff. 1-10-92; 30 Ky.R. 681; 1468; eff. 1-5-2004.)