45A.030 Definitions for code.

1,192 words·~5 min read·/ky/chapter-45a/45a-030

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As used in this code, unless the context requires otherwise:

(1)"Business" means any corporation, partnership, individual, sole proprietorship, joint

stock company, joint venture, or any other legal entity through which business is

conducted;

(2)"Change order" means a written order signed by the purchasing officer, directing

the contractor to make changes that the changes clause of the contract authorizes

the purchasing officer to order without the consent of the contractor;

(3)"Chief purchasing officer" means the secretary of the Finance and Administration

Cabinet, who shall be responsible for all procurement of the Commonwealth except

as provided by KRS Chapters 150, 175, 175B, 176, 177, and 180;

(4)"Construction" means the process of building, altering, repairing, improving, or

demolishing any public structures or buildings, or other public improvements of any

kind to any public real property. It does not include the routine maintenance of

existing structures, buildings, or real property;

(5)"Construction manager-agency" means services to assist the purchasing agency

manage construction that are procured through a contract that is qualifications-

based;

(6)"Construction management-at-risk" means a project delivery method in which the

purchasing officer enters into a single contract with an offeror that assumes the risk

for construction at a contracted guaranteed maximum price as a general contractor,

and provides consultation and collaboration regarding the construction during and

after design of a capital project. The contract shall be subject to the bonding

requirements of KRS 45A.190;

(7)"Construction manager-general contractor" means a project delivery method in

which the purchasing officer enters into a single contract with an offeror to provide

preconstruction and construction services. During the preconstruction phase, the

successful offeror provides design consulting services. During the construction

phase, the successful offeror acts as general contractor by:

(a)Contracting with subcontractors; and

(b)Providing for management and construction at a fixed price with a completion

deadline;

(8)"Contract" means all types of state agreements, including memoranda of agreement,

grants, and orders, for the acquisition, purchase, or disposal of supplies, services,

construction, or any other item. It includes: awards; contracts of a fixed-price, cost,

cost-plus-a-fixed-fee, contingency fee, or incentive type; contracts providing for the

issuance of job or task orders; leases; letter contracts; purchase orders; public-

private partnership agreements; program administration contracts; personal service

contracts; and insurance contracts except as provided in KRS 45A.022. It includes

supplemental agreements with respect to any of the foregoing;

(9)"Contract modification" means any written alteration in the specifications, delivery

point, rate of delivery, contract period, price, quantity, or other contract provisions

of any existing contract, whether accomplished by unilateral action in accordance

with a contract provision or by mutual action of the parties to the contract. It

includes bilateral actions, such as supplemental agreements, and unilateral actions,

such as change orders, administrative changes, notices of termination, and notices

of the exercise of a contract option;

(10)"Contractor" means any person having a contract with a governmental body;

(11)"Data" means recorded information, regardless of form or characteristic;

(12)"Design-bid-build" means a project delivery method in which the purchasing officer

sequentially awards separate contracts, the first for architectural, engineering, or

engineering-related services to design the project and the second for construction of

the capital project according to the design. The contract shall be subject to the

bonding requirements of KRS 45A.185;

(13)"Design-build" means a project delivery method in which the purchasing officer

enters into a single contract for design and construction of a capital project. The

contract shall be subject to the bonding requirements of KRS 45A.190;

(14)"Designee" means a duly authorized representative of a person holding a superior

position;

(15)"Document" means any physical embodiment of information or ideas, regardless of

form or characteristic, including electronic versions thereof;

(16)"Employee" means an individual drawing a salary from a governmental body,

whether elected or not, and any nonsalaried individual performing personal services

for any governmental body;

(17)"Governmental body" means any department, commission, council, board, bureau,

committee, institution, legislative body, agency, government corporation, or other

establishment of the executive or legislative branch of the state government;

(18)"Meeting" means all gatherings of every kind, including video teleconferences;

(19)"Negotiation" means contracting by either the method set forth in KRS 45A.085,

45A.090, or 45A.095;

(20)"Person" means any business, individual, organization, or group of individuals;

(21)"Private partner" means any entity that is a partner in a public-private partnership

other than:

(a)The Commonwealth of Kentucky, or any agency or department thereof;

(b)The federal government;

(c)Any other state government; or

(d)Any agency of a state, federal, or local government;

(22)"Procurement" means the purchasing, buying, renting, leasing, or otherwise

obtaining of any supplies, services, or construction. It includes all functions that

pertain to the procurement of any supply, service, or construction item, including

description of requirements, selection and solicitation of sources, preparation and

award of contract, and all phases of contract administration;

(23)"Public-private partnership" means a project delivery method for construction or

financing of capital projects, as defined in KRS 45.750, or procurement of services,

pursuant to a written public-private partnership agreement entered into pursuant to

KRS 45A.077 and administrative regulations promulgated thereunder, between:

(a)At least one

(1)private partner; and

(b)The Commonwealth of Kentucky, or any agency or department thereof;

(24)"Purchase request" or "purchase requisition" means that document whereby a using

agency requests that a contract be obtained for a specified need, and may include,

but is not limited to, the technical description of the requested item, delivery

schedule, transportation, criteria for evaluation of solicitees, suggested sources of

supply, and information supplied for the making of any written determination and

finding required by KRS 45A.025;

(25)"Purchasing agency" means any governmental body that is authorized by this code

or its implementing administrative regulations or by way of delegation from the

chief purchasing officer to contract on its own behalf rather than through the central

contracting authority of the chief purchasing officer;

(26)"Purchasing officer" means any person authorized by a governmental body in

accordance with procedures prescribed by administrative regulations to enter into

and administer contracts and make written determinations and findings with respect

thereto. The term includes an authorized representative acting within the limits of

authority;

(27)"Services" means the rendering by a contractor of its time and effort rather than the

furnishing of a specific end product, other than reports that are merely incidental to

the required performance of services;

(28)"Supplemental agreement" means any contract modification that is accomplished

by the mutual action of the parties;

(29)"Supplies" means all property, including but not limited to leases of real property,

printing, and insurance, except land or a permanent interest in land;

(30)"Using agency" means any governmental body of the state that utilizes any

supplies, services, or construction purchased under this code;

(31)"Video teleconference" means one

(1)meeting, occurring in two

(2)or more

locations, where individuals can see and hear each other by means of video and

audio equipment; and

(32)"Writing" or "written" means letters, words, or numbers, or their equivalent, set

down by handwriting, typewriting, printing, photostating, photographing, magnetic

impulse, mechanical or electronic recording, or other form of data compilation.