45A.300 Cooperative purchasing.
516 words·~2 min read·
/ky/chapter-45a/45a-300A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any public purchasing unit may either participate in, sponsor, conduct, or
administer a cooperative purchasing agreement for the acquisition of any supplies,
services, or construction with any other public purchasing unit or foreign
purchasing activity, in accordance with an agreement entered into between the
participants. This cooperative purchasing may include, but is not limited to, joint
contracts between public purchasing units and access by local public purchasing
units to open-ended state public purchasing unit contracts.
(2)Nothing in this code shall limit any public purchasing unit from selling to, acquiring
from, or using any property belonging to another public purchasing unit or foreign
purchasing activity independent of the requirements of KRS 45A.070 to 45A.180.
(3)Nothing in this code shall limit or restrict any public purchasing unit from entering
into an agreement, independent of the requirements of KRS 45A.045(5) and KRS
45A.070 to 45A.165, with any other public purchasing unit or foreign purchasing
activity for the cooperative use of supplies or services.
(4)Any public purchasing unit may enter into an agreement for the joint or common
use of warehousing facilities or the lease or common use of capital equipment or
facilities with any other public purchasing unit or a foreign purchasing activity
subject to the terms as may be agreed upon between the parties.
(5)Nothing in this code shall limit or restrict the ability of local school districts to
acquire supplies outside of the public purchasing agreements when the supplies and
equipment meeting the same specifications as the contract items are available at a
lower price elsewhere and the purchase does not exceed two thousand five hundred
dollars ($2,500).
(6)Nothing in this code shall limit any public purchasing unit from receiving notice of
or accepting a price reduction on supplies or equipment when the supplies or
equipment are being offered by the vendor with whom a price agreement has been
made; the supplies or equipment are being offered in accordance with all terms and
conditions that are specified in the price agreement, except those relating to price;
and the price reduction is offered to all of the participants in the price agreement.
Public purchasing units may accept special price reductions under this subsection
even if the reduced price requires the purchase of a specified quantity of units
different from the quantity stated in the original price agreement. Price reductions
under this subsection shall not be considered to permanently alter the price of the
supplies or equipment under the price agreement with the Commonwealth, except
where the price reductions are to be made permanent under the express terms of the
price agreement and where the purchasing agency which solicited the price
agreement determines that the enforcement of those terms serves the best interest of
the Commonwealth.
(7)The Finance and Administration Cabinet shall not exclude the Department of Fish
and Wildlife Resources from, or interfere with the department's participation in, any
contracts available to multiple state agencies for the procurement of goods or
services, including but not limited to interfering with the department's electronic
access to the statewide accounting system in any way.