45A.810 Architectural services selection committees -- Engineering or engineering-
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/ky/45a-810A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
related services selection committees -- Uses -- Membership.
(a)One
(1)or more architectural services selection committees and one
(1)or
more engineering or engineering-related services selection committees shall
be created in the Finance and Administration Cabinet.
(b)One
(1)or more engineering and engineering-related services selection
committees shall be created in the Transportation Cabinet.
(c)One
(1)or more engineering and engineering-related services selection
committees shall be created in the Department of Fish and Wildlife
Resources.
(2)Except when an emergency condition exists as defined by KRS 45A.095(1)(a),
when architectural, engineering, or engineering-related services are procured under
KRS 45A.837 and 45A.838, or when the project is constructed under KRS
45A.045(11)(a) or (b):
(a)An architectural services selection committee created in the Finance and
Administration Cabinet shall participate in every instance of that cabinet's
procuring architectural services for its own needs and the needs of other
agencies, and upon request from the commissioner of the Department of Fish
and Wildlife Resources, shall assist and participate in that department's
procuring of architectural services;
(b)An engineering and engineering-related services selection committee created
in the Finance and Administration Cabinet shall participate in every instance
of that cabinet's procuring engineering or engineering-related services;
(c)An engineering and engineering-related services selection committee created
in the Transportation Cabinet shall participate in every instance of that
cabinet's procuring engineering or engineering-related services; and
(d)An engineering and engineering-related services selection committee created
in the Department of Fish and Wildlife Resources shall participate in every
instance of that department's procuring of engineering or engineering-related
services.
(3)An architectural services selection committee created in the Finance and
Administration Cabinet to perform its own procurement and assist other state
agencies with procuring architectural services shall consist of six
(6)or more
members selected in the manner specified within each paragraph:
(a)Two
(2)architects. The secretary of the Finance and Administration Cabinet
shall appoint a pool of at least six
(6)architects who are employees of the
cabinet. At least three
(3)of the architects shall be merit employees of the
cabinet. The secretary, or designee, under the supervision of the Auditor of
Public Accounts, or designee, shall randomly select architects from the pool.
The first employee selected shall be placed on the selection committee. If the
first employee selected is a merit employee, the second employee selected
shall be placed on the selection committee. If the first employee selected is a
nonmerit employee, the selection process shall continue until a merit
employee is selected. That merit employee shall be placed on the selection
committee;
(b)One
(1)or more additional employees of the Department for Facilities
Management, appointed by the commissioner of the Department for Facilities
Management, to serve as a nonvoting technical adviser for a given project
selection. Advisory members shall serve on a project-by-project basis and
shall have the requisite knowledge, training, or experience pertaining to the
professional requirements of the project;
(c)Two
(2)merit employees of the user agency appointed by the head of that
agency to serve for the duration of the selection committee's participation in
the project for which they were appointed by the user agency;
(d)An individual. The Kentucky Society of Architects shall nominate nine
individuals, and the Governor shall appoint three
(3)of these individuals to
serve in the pool from which the secretary of the Finance and Administration
Cabinet, or designee, under the supervision of the Auditor of Public Accounts,
or designee, shall randomly select one
(1)individual to serve on the
committee;
(e)One
(1)or more merit employees of the Auditor of Public Accounts,
appointed by the Auditor, who may, at the discretion of the Auditor, serve as
nonvoting members of the committee. If one
(1)employee is appointed, then
that employee may attend any committee proceedings. If more than one
employee is appointed, then either of the employees may attend any
committee proceeding; and
(f)Upon completion of the selection process set forth in this subsection, the
commissioner of the Department of Facilities Management shall submit a
statement to the Auditor of Public Accounts attesting to full compliance with
the selection process for each architectural firm appointed to provide
architectural services. In addition, a complete record of the selection process
for each project shall be maintained by the department and shall be subject to
audit by the Auditor of Public Accounts.
(4)The engineering and engineering-related services selection committee created in the
Finance and Administration Cabinet shall consist of six
(6)or more members
selected in the manner specified in each paragraph:
(a)Two
(2)engineers. The secretary of the Finance and Administration Cabinet
shall appoint a pool of at least six
(6)engineers who are employees of the
cabinet. At least three
(3)of the engineers shall be merit employees of the
cabinet. The secretary, or designee, under the supervision of the Auditor of
Public Accounts, or designee, shall randomly select engineers from the pool.
The first employee selected shall be placed on the selection committee. If the
first employee selected is a merit employee, the second employee selected
shall be placed on the selection committee. If the first employee selected is a
nonmerit employee, the selection process shall continue until a merit
employee is selected. That merit employee shall be placed on the selection
committee;
(b)Two
(2)merit employees of the user agency appointed by the head of that
agency to serve for the duration of the selection committee's participation in
the project for which they were appointed by the user agency;
(c)An individual. The Kentucky Society of Professional Engineers and the
Kentucky Consulting Engineers Council shall together nominate nine
individuals, and the Governor shall appoint three
(3)of these individuals to
serve in the pool from which the secretary of the Finance and Administration
Cabinet, or designee, under the supervision of the Auditor of Public Accounts,
or designee, shall randomly select one
(1)individual to serve on the
committee;
(d)One
(1)or more merit employees of the Auditor of Public Accounts,
appointed by the Auditor, who may, at the discretion of the Auditor, serve as
nonvoting members of the committee. If one
(1)employee is appointed, then
that employee may attend any committee proceedings. If more than one
employee is appointed, then either of the employees may attend any
committee proceeding;
(e)One
(1)or more additional employees of the Department for Facilities
Management to serve as nonvoting technical adviser for a specific project
selection. Advisory members shall serve on a project-by-project basis and
shall have the requisite knowledge, training, or experience pertaining to the
professional requirements of the project; and
(f)Upon completion of the selection process set forth in this subsection, the
commissioner of the Department of Facilities Management shall submit a
statement to the Auditor of Public Accounts attesting to full compliance with
the selection process for each firm appointed to provide engineering or
engineering-related services. In addition, a complete record of the selection
process for each project shall be maintained by the department and shall be
subject to audit by the Auditor of Public Accounts.
(5)The engineering and engineering-related services selection committee created in the
Transportation Cabinet shall consist of six
(6)or more members selected in the
manner specified in each paragraph:
(a)Two
(2)engineers. The secretary of the Transportation Cabinet shall appoint a
pool of six
(6)engineers who are employees of the cabinet. At least three
of the engineers shall be merit employees of the cabinet. The secretary, or
designee, under the supervision of the Auditor of Public Accounts, or
designee, shall randomly select engineers from the pool. The first employee
selected shall be placed on the selection committee. If the first employee
selected is a merit employee, the second employee selected shall be placed on
the selection committee. If the first employee selected is a nonmerit
employee, the selection process shall continue until a merit employee is
selected. That merit employee shall be placed on the selection committee;
(b)Two
(2)engineers who are merit employees of the user division appointed by
the head of that division to serve for the duration of the selection committee's
participation in the project for which they were appointed by the user agency.
However, if two
(2)user divisions have approximately equal responsibilities
or separate responsibilities for the project, each user division head shall
appoint one
(1)member to the selection committee;
(c)An individual. The Kentucky Society of Professional Engineers and the
Kentucky Consulting Engineers Council shall together nominate nine
individuals, and the Governor shall appoint three
(3)of these individuals to
serve in the pool from which the secretary of the Transportation Cabinet, or
designee, under the supervision of the Auditor of Public Accounts, or
designee, shall randomly select one
(1)individual to serve on the committee;
(d)One
(1)or more merit employees of the Auditor of Public Accounts,
appointed by the Auditor, who may, at the discretion of the Auditor, serve as
nonvoting members of the committee. If one
(1)employee is appointed, then
that employee may attend any committee proceedings. If more than one
employee is appointed, then either of the employees may attend any
committee proceeding; and
(e)Upon completion of the selection process set forth in this subsection, the
commissioner of the Department of Highways shall submit a statement to the
Auditor of Public Accounts attesting to full compliance with the selection
process for each firm appointed to provide engineering or engineering-related
services. In addition, a complete record of the selection process for each
project shall be maintained by the department and shall be subject to audit by
the Auditor of Public Accounts.
(6)The engineering and engineering-related services selection committee created
within the Department of Fish and Wildlife Resources shall consist of six
(6)or
more members selected as follows:
(a)The commissioner of the Department of Fish and Wildlife Resources shall
appoint five
(5)members:
1. One
(1)department employee in or designated to the job classification
of Department of Fish and Wildlife Resources Project Manager;
2. Two
(2)Department of Fish and Wildlife Resources employees in the
Engineering and Geological series, at least one
(1)of whom shall be a
merit employee;
3. One
(1)merit employee of the Department of Fish and Wildlife
Resources designated by the division head for the project or by the
commissioner; and
4. One
(1)employee of the Department of Fish and Wildlife Resources
who is an attorney;
(b)The Kentucky Society of Professional Engineers and the Kentucky Consulting
Engineers Council shall together nominate nine
(9)individuals, and the
Governor shall select three
(3)of these individuals to serve in a pool from
which the commissioner of the Department of Fish and Wildlife Resources, or
designee, under the supervision of the Auditor of Public Accounts, or
designee, shall randomly select one
(1)individual to serve on the committee;
(c)One
(1)or more merit employees of the Auditor of Public Accounts,
appointed by the Auditor, who may, at the discretion of the Auditor, serve as
nonvoting members of the committee. If one
(1)employee is appointed, then
that employee may attend any committee proceedings. If more than one
employee is appointed, then either of the employees may attend any
committee proceeding; and
(d)Upon completion of the selection process set forth in this subsection, the
commissioner of the Department of Fish and Wildlife Resources shall submit
a statement to the Auditor of Public Accounts attesting to full compliance
with the selection process for each firm appointed to provide engineering or
engineering-related services. A complete record of the selection process for
each project shall be maintained by the Department of Fish and Wildlife
Resources and shall be subject to audit by the Auditor of Public Accounts.
(a)All selection committee members shall have experience which qualifies them
to serve on the committee.
(b)The same appointment procedures set out in this section apply to any user
agency or user division listed in subsection (3), (4), (5), or
(6)of this section
that does not operate under a merit system.
(c)Any individual appointed to serve in a pool from which selection committee
members are drawn shall serve in the pool for an initial one
(1)year term and
may be reappointed. He or she shall serve until his or her successor is
appointed and qualified. A successor or a replacement, in the case of a
vacancy in the pool, shall be appointed in the same manner as the initial
appointee. If a selection committee member, drawn from a pool, leaves a
selection committee, his or her replacement shall be drawn from the pool in
the same manner as he or she. The replacement shall have the merit or
nonmerit status of his or her predecessor.
(d)Any individual appointed by the Auditor of Public Accounts to serve on
selection committees shall serve an initial one
(1)year term and may be
reappointed to succeed himself or herself. He or she shall serve until his or her
successor is appointed and qualified. A successor or a replacement, in the case
of a vacancy, shall be appointed in the same manner as the initial appointee.
(e)The selection committee members appointed by the head of a user agency or
user division shall serve on a project-by-project basis. These members shall
participate only in committee action related to the project for which they were
appointed. A replacement, in the case of a vacancy, shall be appointed in the
same manner as the initial appointee.