424.260 Bids for materials, supplies, equipment, or services -- Exceptions.
564 words·~3 min read·
/ky/chapter-424/424-260A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Except where a statute specifically fixes a larger sum as the minimum for a
requirement of advertisement for bids, no city, county, or district, or board or
commission of a city or county, or sheriff or county clerk, may make a contract,
lease, or other agreement for:
(a)Materials;
(b)Supplies, except perishable foods such as meat, poultry, fish, egg products,
fresh vegetables, and fresh fruits;
(c)Equipment; or
(d)Contractual services other than professional;
involving an expenditure of more than forty thousand dollars ($40,000) without first
making newspaper advertisement for bids. This subsection shall not apply to the
transfer of property between governmental agencies as authorized in KRS
82.083(4)(a).
(2)If the fiscal court requires that the sheriff or county clerk advertise for bids on
expenditures of less than forty thousand dollars ($40,000), the fiscal court
requirement shall prevail.
(a)Nothing in this statute shall limit or restrict the ability of a local school district
to acquire supplies and equipment outside of the bidding procedure if those
supplies and equipment meet the specifications of the contracts awarded by
the Office of Material and Procurement Services in the Office of the
Controller within the Finance and Administration Cabinet or a federal, local,
or cooperative agency and are available for purchase elsewhere at a lower
price. A board of education may purchase those supplies and equipment
without advertising for bids if, prior to making the purchases, the board of
education obtains certification from the district's finance or purchasing officer
that the items to be purchased meet the standards and specifications fixed by
state price contract, federal
(GSA)price contract, or the bid of another school
district whose bid specifications allow other districts to utilize their bids, and
that the sales price is lower than that established by the various price contract
agreements or available through the bid of another school district whose bid
specifications would allow the district to utilize their bid.
(b)The procedures set forth in paragraph
(a)of this subsection shall not be
available to the district for any specific item once the bidding procedure has
been initiated by an invitation to bid and a publication of specifications for
that specific item has been published. In the event that all bids are rejected,
the district may again avail itself of the provisions of paragraph
(a)of this
subsection.
(4)This requirement shall not apply in an emergency if the chief executive officer of
the city, county, or district has duly certified that an emergency exists, and has filed
a copy of the certificate with the chief financial officer of the city, county, or
district, or if the sheriff or the county clerk has certified that an emergency exists,
and has filed a copy of the certificate with the clerk of the court where his necessary
office expenses are fixed pursuant to KRS 64.345 or 64.530, or if the
superintendent of the board of education has duly certified that an emergency
exists, and has filed a copy of the certificate with the chief state school officer.
(5)The provisions of subsection
(1)of this section shall not apply for the purchase of
wholesale electric power for resale to the ultimate customers of a municipal utility
organized under KRS 96.550 to 96.900.
(6)Subsection
(1)of this section shall not apply to purchases for products or services
made pursuant to KRS 82.084.