Kentucky Statutes 424.260 – Bids for materials, supplies, equipment, or services — Exceptions
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(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.
(3) (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 KRS § 96.900.
(6) Subsection (1) of this section shall not apply to purchases for products or services made pursuant to KRS § 82.084.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 63, sec. 5, effective June 29, 2023; and ch. 152, sec. 2, effective June 29, 2023. — Amended 2022 Ky. Acts ch. 150, sec. 2, effective July 14, 2022. — Amended 2019 Ky. Acts ch. 79, sec. 4, effective June 27, 2019. — Amended 2016 Ky. Acts ch. 22, sec. 5, effective July 15, 2016. — Amended 2005
Ky. Acts ch. 85, sec. 696, effective June 20, 2005. — Amended 2000 Ky. Acts ch. 5, sec. 11, effective July 14, 2000; ch. 225, sec. 3, effective July 14, 2000; and ch. 510, sec. 3, effective July 14, 2000. — Amended 1996 Ky. Acts ch. 89, sec. 5, effective July 15, 1996. — Amended 1992 Ky. Acts ch. 178, sec. 1, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 95, sec. 1, effective July 13, 1990. — Amended 1982
Ky. Acts ch. 282, sec. 4, effective April 2, 1982. — Amended 1978 Ky. Acts ch. 197, sec. 12, effective June 17, 1978. — Amended 1974 Ky. Acts ch. 97, sec. 1. — Amended 1972 Ky. Acts ch. 147, sec. 1. — Amended 1960 Ky. Acts ch. 168, sec. 1. –
– Created 1958 Ky. Acts ch. 42, sec. 16.
Legislative Research Commission Note (6/29/2023). This statute was amended by 2023
Ky. Acts chs. 63 and 152, which do not appear to be in conflict and have been codified together.
(a) Materials;
Terms Used In Kentucky Statutes 424.260
- City: includes town. See Kentucky Statutes 446.010
- Contract: A legal written agreement that becomes binding when signed.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(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.
(3) (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 KRS § 96.900.
(6) Subsection (1) of this section shall not apply to purchases for products or services made pursuant to KRS § 82.084.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 63, sec. 5, effective June 29, 2023; and ch. 152, sec. 2, effective June 29, 2023. — Amended 2022 Ky. Acts ch. 150, sec. 2, effective July 14, 2022. — Amended 2019 Ky. Acts ch. 79, sec. 4, effective June 27, 2019. — Amended 2016 Ky. Acts ch. 22, sec. 5, effective July 15, 2016. — Amended 2005
Ky. Acts ch. 85, sec. 696, effective June 20, 2005. — Amended 2000 Ky. Acts ch. 5, sec. 11, effective July 14, 2000; ch. 225, sec. 3, effective July 14, 2000; and ch. 510, sec. 3, effective July 14, 2000. — Amended 1996 Ky. Acts ch. 89, sec. 5, effective July 15, 1996. — Amended 1992 Ky. Acts ch. 178, sec. 1, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 95, sec. 1, effective July 13, 1990. — Amended 1982
Ky. Acts ch. 282, sec. 4, effective April 2, 1982. — Amended 1978 Ky. Acts ch. 197, sec. 12, effective June 17, 1978. — Amended 1974 Ky. Acts ch. 97, sec. 1. — Amended 1972 Ky. Acts ch. 147, sec. 1. — Amended 1960 Ky. Acts ch. 168, sec. 1. –
– Created 1958 Ky. Acts ch. 42, sec. 16.
Legislative Research Commission Note (6/29/2023). This statute was amended by 2023
Ky. Acts chs. 63 and 152, which do not appear to be in conflict and have been codified together.