45A.838 Establishment and operation of pool of firms to provide professional
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/ky/45a-838A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
contract services -- Administrative regulations to be promulgated by
Transportation Cabinet and Department of Fish and Wildlife Resources.
(1)If choosing to operate under this section, the Transportation Cabinet and the
Department of Fish and Wildlife Resources shall, by administrative regulations
promulgated under KRS Chapter 13A, designate each type of project for which a
pool of firms is to be established and from which the firm to provide the needed
architectural, engineering, or engineering-related contract services is to be selected.
The project types designated by these administrative regulations shall be limited to
those projects for which the professional services to be rendered for each individual
contract are substantially similar and to those project types for which architectural,
engineering, or engineering-related fees are expected to be at least fifty thousand
dollars ($50,000).
(2)The Transportation Cabinet and the Department of Fish and Wildlife Resources
selection committees established under KRS 45A.810 shall annually select the
engineering or engineering-related services firms for each pool in accordance with
the standards for application and selection established by administrative regulation
under subsection
(4)of this section.
(3)Once selected for a particular pool, a firm providing architectural, engineering, or
engineering-related services shall remain in the pool for two
(2)years unless
disqualified under subsection
(6)of this section. Upon the expiration of the two
year period, a firm may reapply for selection.
(4)The procedures and criteria for qualifying and selecting the firms to be placed in
each annual pool shall be set forth in administrative regulations promulgated by the
Transportation Cabinet or the Department of Fish and Wildlife Resources. The
administrative regulations shall provide for adequate notice to firms of the
establishment of the individual pools, an application procedure for a firm interested
in the pool for a particular type of project, the deadline for submission of the
application, and the criteria to be used for the establishment of each pool.
(5)The procedures for determining which firm is to be selected from the pool to
provide services for a particular project shall be set forth in administrative
regulations promulgated by the Transportation Cabinet or the Department of Fish
and Wildlife Resources.
(6)The secretary of the Transportation Cabinet or the commissioner of the Department
of Fish and Wildlife Resources may remove a firm from a pool for good cause. Any
firm that has been removed from a pool may, within thirty
(30)days after the
removal, petition the secretary for reinstatement. Within sixty
(60)days following
the secretary's receipt of a petition, the selection committee shall meet to consider
the request for reinstatement. If the selection committee recommends that the firm
be reinstated to the pool and the secretary accepts the recommendation, the affected
firm shall be reinstated.
(7)After one
(1)year of disqualification, a firm that has been removed from a pool
under subsection
(6)of this section may reapply to be qualified.
(8)Nothing in this section shall be construed to require use of any pool for a particular
project if the responsible cabinet or department has determined that the project does not meet the criteria established for pool projects.