45A.380 Noncompetitive negotiation.

386 words·~2 min read·/ky/chapter-45a/45a-380

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

A local public agency may contract or purchase through noncompetitive negotiation only when a written determination is made that competition is not feasible and it is further determined in writing by a designee of the local public agency that:

(1)An emergency exists which will cause public harm as a result of the delay in

competitive procedures;

(2)There is a single source within a reasonable geographical area of the product or

service to be procured;

(3)The contract is for the services of a licensed professional, such as attorney,

physician, psychiatrist, psychologist, certified public accountant, registered nurse, or

educational specialist; a technician such as a plumber, electrician, carpenter, or

mechanic; or an artist such as a sculptor, aesthetic painter, or musician, provided,

however, that this provision shall not apply to architects or engineers providing

construction management services rather than professional architect or engineer

services;

(4)The contract is for the purchase of perishable foods, such as meat, fish, poultry, egg

products, fresh vegetables, and fresh fruits;

(5)The contract is for replacement parts where the need cannot be reasonably

anticipated and stockpiling is not feasible;

(6)The contract is for proprietary items for resale;

(7)In school districts the contract relates to an enterprise in which the buying or selling

by students is a part of the educational experience;

(8)The contract or purchase is for expenditures made on authorized trips outside of the

boundaries of the local public agency;

(9)The contract is for the purchase of supplies which are sold at public auction or by

receiving sealed bids;

(10)The contract is for group life insurance, group health and accident insurance, group

professional liability insurance, worker's compensation insurance, and

unemployment insurance;

(11)The contract is for a sale of supplies at reduced prices that will afford a purchase at

savings to the local public agency; or

(12)The contract is with a private real estate developer and contains a requirement:

(a)That the developer increase the size or otherwise improve the collection

capacity of the sanitary sewer or storm water pipe serving the affected private

real estate development; and

(b)That the local public agency pay only the proportional cost of increasing the

size, or otherwise improving the collection capacity, of the sanitary sewer or

storm water pipe over the original collection capacity.