150.0242 Department procurements -- Applicability of Executive Branch Code of

264 words·~1 min read·/ky/150-0242

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Ethics -- Administrative regulations.

(1)Notwithstanding any provision of law to the contrary, the department shall conduct

all procurements necessary for the performance of its duties in accordance with the

procurement procedures outlined in KRS Chapter 45A, this chapter, and the

administrative regulations promulgated under this chapter, but the department shall

not be subject to any provision of KRS Chapter 45A that requires the approval of

any Finance and Administration Cabinet official for the department to proceed with

any aspect of the procurement process. Upon approval of the commission, the

commissioner shall be deemed the chief purchasing officer for the purposes of

conducting procurements for the department and shall have all of the authority and

responsibility with regard to the department's procurements as the secretary for the

Finance and Administration Cabinet has for procurements under KRS Chapter 45A.

All department personal service contracts, tax incentive agreements, and

memoranda of agreement shall be subject to review by the Government Contract

Review Committee established by KRS 45A.705.

(2)In its bidding and negotiation processes, the department, upon approval of the

commission, shall perform its own bidding and procurement in accordance with the

procedures established by KRS Chapter 45A.

(3)All members of the commission, the commissioner, and employees of the

department shall be subject to the requirements of the Executive Branch Code of

Ethics established under KRS Chapter 11A.

(4)On or before January 1, 2024, the department shall promulgate administrative

regulations pursuant to KRS Chapter 13A to implement its procedures for the

procurement of engineering services pursuant to this chapter and KRS 45A.800 to

45A.835.