Kentucky Statutes 45A.837 – Price contracts for architectural, engineering, and engineering-related services — Review procedure required
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(1) Notwithstanding the provisions of KRS § 45A.800 to KRS § 45A.835, the Finance and Administration Cabinet, the Department of Fish and Wildlife Resources, and the Transportation Cabinet may enter into price contracts for architectural, engineering, and engineering-related services. If the agencies choose to enter into a price contract, subsection (2) of this section shall apply.
(2) Price contracts shall be awarded to firms qualified by the Finance and Administration Cabinet, Department of Facilities Management or by the Transportation Cabinet, Department of Highways. The Finance and Administration Cabinet selection committee established by KRS § 45A.810 shall meet at least quarterly during each fiscal year to review and make recommendations to the commissioner of the Department for Facilities Management for qualification of interested firms. The Transportation Cabinet selection committee established by KRS § 45A.810 shall meet at least quarterly during each fiscal year to review and make recommendations to the commissioner of the Department of Highways for qualification of interested firms.
(a) The respective committees shall evaluate those firms submitting statements of interest in obtaining a price contract. The submitting firms shall be reviewed according to the following criteria:
1. Qualifications;
2. Ability of professional personnel; and
3. Past record and experience.
(b) Firms qualified by the commissioner of the Department for Facilities Management or by the commissioner of the Department of Highways shall be awarded price contracts by the respective departments for the type of work for which they have been qualified.
(c) The commissioner of the Department for Facilities Management, the commissioner of the Department of Fish and Wildlife Resources, or the commissioner of the Department of Highways may select firms to perform work under price contract for small projects for which the architectural, engineering, or engineering-related fees do not exceed one hundred fifty thousand dollars ($150,000). However, no firm that has received more than three hundred thousand dollars ($300,000) in price contract fees in any one (1) fiscal year in the contract discipline being awarded shall be selected to work under a price contract unless the secretary of the Finance and Administration Cabinet, the secretary of the Transportation Cabinet, or the commissioner of the Department of Fish and Wildlife Resources makes a written determination that the selection is in the best interest of the Commonwealth and the determination is confirmed by the appropriate cabinet’s or department’s selection committee established by KRS § 45A.810.
(3) Notwithstanding any provision of the Kentucky Revised Statutes, no price contract shall be awarded under the provisions of this section before completion of the review procedure provided for in KRS § 45A.695 and KRS § 45A.705.
Effective: March 29, 2023
History: Amended 2023 Ky. Acts ch. 92, sec. 44, effective March 24, 2023; and ch.
139, sec. 10, effective March 29, 2023. — Amended 2015 Ky. Acts ch. 105, sec. 12, effective June 24, 2015. — Created 1998 Ky. Acts ch. 319, sec. 1, effective April 3,
1998.
Legislative Research Commission Note (3/29/2023). 2023 Ky. Acts ch. 139, sec. 22, provides, “The requirements of this Act shall apply to all procurements and acquisitions of interests in real property undertaken by, or for the benefit of, the Department of Fish and Wildlife Resources, including procurements and acquisitions of interests in real property that commenced prior to the effective date of this Act [March 29, 2023].”
Legislative Research Commission Note (3/29/2023). This statute was amended by 2023
Ky. Acts chs. 92 and 139, which do not appear to be in conflict and have been codified together.
(2) Price contracts shall be awarded to firms qualified by the Finance and Administration Cabinet, Department of Facilities Management or by the Transportation Cabinet, Department of Highways. The Finance and Administration Cabinet selection committee established by KRS § 45A.810 shall meet at least quarterly during each fiscal year to review and make recommendations to the commissioner of the Department for Facilities Management for qualification of interested firms. The Transportation Cabinet selection committee established by KRS § 45A.810 shall meet at least quarterly during each fiscal year to review and make recommendations to the commissioner of the Department of Highways for qualification of interested firms.
Terms Used In Kentucky Statutes 45A.837
- Contract: A legal written agreement that becomes binding when signed.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Statute: A law passed by a legislature.
- Year: means calendar year. See Kentucky Statutes 446.010
(a) The respective committees shall evaluate those firms submitting statements of interest in obtaining a price contract. The submitting firms shall be reviewed according to the following criteria:
1. Qualifications;
2. Ability of professional personnel; and
3. Past record and experience.
(b) Firms qualified by the commissioner of the Department for Facilities Management or by the commissioner of the Department of Highways shall be awarded price contracts by the respective departments for the type of work for which they have been qualified.
(c) The commissioner of the Department for Facilities Management, the commissioner of the Department of Fish and Wildlife Resources, or the commissioner of the Department of Highways may select firms to perform work under price contract for small projects for which the architectural, engineering, or engineering-related fees do not exceed one hundred fifty thousand dollars ($150,000). However, no firm that has received more than three hundred thousand dollars ($300,000) in price contract fees in any one (1) fiscal year in the contract discipline being awarded shall be selected to work under a price contract unless the secretary of the Finance and Administration Cabinet, the secretary of the Transportation Cabinet, or the commissioner of the Department of Fish and Wildlife Resources makes a written determination that the selection is in the best interest of the Commonwealth and the determination is confirmed by the appropriate cabinet’s or department’s selection committee established by KRS § 45A.810.
(3) Notwithstanding any provision of the Kentucky Revised Statutes, no price contract shall be awarded under the provisions of this section before completion of the review procedure provided for in KRS § 45A.695 and KRS § 45A.705.
Effective: March 29, 2023
History: Amended 2023 Ky. Acts ch. 92, sec. 44, effective March 24, 2023; and ch.
139, sec. 10, effective March 29, 2023. — Amended 2015 Ky. Acts ch. 105, sec. 12, effective June 24, 2015. — Created 1998 Ky. Acts ch. 319, sec. 1, effective April 3,
1998.
Legislative Research Commission Note (3/29/2023). 2023 Ky. Acts ch. 139, sec. 22, provides, “The requirements of this Act shall apply to all procurements and acquisitions of interests in real property undertaken by, or for the benefit of, the Department of Fish and Wildlife Resources, including procurements and acquisitions of interests in real property that commenced prior to the effective date of this Act [March 29, 2023].”
Legislative Research Commission Note (3/29/2023). This statute was amended by 2023
Ky. Acts chs. 92 and 139, which do not appear to be in conflict and have been codified together.