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AN ACT relating to the Kentucky Model Procurement Code. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 45A.030 is amended to read as follows: 3
As used in this code, unless the context requires otherwise: 4
(1) "Business" means any corporation, partnership, individual, sole proprietorship, joint 5
stock company, joint venture, or any other legal entity through which business is 6
conducted; 7
(2) "Change order" means a written order signed by the purchasing officer, directing the 8
contractor to make changes that the changes clause of the contract authorizes the 9
purchasing officer to order without the consent of the contractor; 10
(3) "Chief purchasing officer" means the secretary of the Finance and Administration 11
Cabinet, who shall be responsible for all procurement of the Commonwealth except 12
as provided by KRS Chapters 175, 175B, 176, 177, and 180; 13
(4) "Construction" means the process of building, altering, repairing, improving, or 14
demolishing any public structures or buildings, or other public improvements [of 15
any kind ]to any public real property. It does not include the routine maintenance of 16
existing structures, buildings, or real property; 17
(5) "Construction manager-agency" means services to assist the purchasing agency 18
manage construction that are procured through a contract that is qualifications-19
based; 20
(6) "Construction management-at-risk" means a project delivery method in which the 21
purchasing officer enters into a single contract with an offeror that assumes the risk 22
for construction at a contracted guaranteed maximum price as a general contractor, 23
and provides consultation and collaboration regarding the construction during and 24
after design of a capital project. The contract shall be subject to the bonding 25
requirements of KRS 45A.190; 26
(7) "Construction manager-general contractor" means a project delivery method in 27 UNOFFICIAL COPY 22 RS BR 2255
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which the purchasing officer enters into a single contract with an offeror to provide 1
preconstruction and construction services. During the preconstruction phase, the 2
successful offeror provides design consulting services. During the construction 3
phase, the successful offeror acts as general contractor by: 4
(a) Contracting with subcontractors; and 5
(b) Providing for management and construction at a fixed price with a completion 6
deadline; 7
(8) "Contract" means all types of state agreements, including grants and orders, for the 8
acquisition, purchase, or disposal of supplies, services, construction, or any other 9
item. It includes: awards; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, 10
contingency fee, or incentive type; contracts providing for the issuance of job or 11
task orders; leases; letter contracts; purchase orders; public-private partnership 12
agreements; and insurance contracts except as provided in KRS 45A.022. It 13
includes supplemental agreements with respect to any of the foregoing; 14
(9) "Contract modification" means any written alteration in the specifications, delivery 15
point, rate of delivery, contract period, price, quantity, or other contract provisions 16
of any existing contract, whether accomplished by unilateral action in accordance 17
with a contract provision or by mutual action of the parties to the contract. It 18
includes bilateral actions, such as supplemental agreements, and unilateral actions, 19
such as change orders, administrative changes, notices of termination, and notices 20
of the exercise of a contract option; 21
(10) "Contractor" means any person having a contract with a governmental body; 22
(11) "Data" means recorded information, regardless of form or characteristic; 23
(12) "Design-bid-build" means a project delivery method in which the purchasing officer 24
sequentially awards separate contracts, the first for architectural, engineering, or 25
engineering-related services to design the project and the second for construction of 26
the capital project according to the design. The contract shall be subject to the 27 UNOFFICIAL COPY 22 RS BR 2255
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bonding requirements of KRS 45A.185; 1
(13) "Design-build" means a project delivery method in which the purchasing officer 2
enters into a single contract for design and construction of a capital project. The 3
contract shall be subject to the bonding requirements of KRS 45A.190; 4
(14) "Designee" means a duly authorized representative of a person holding a superior 5
position; 6
(15) "Document" means any physical embodiment of information or ideas, regardless of 7
form or characteristic, including electronic versions thereof; 8
(16) "Employee" means an individual drawing a salary from a governmental body, 9
whether elected or not, and any nonsalaried individual performing personal services 10
for any governmental body; 11
(17) "Governmental body" means any department, commission, council, board, bureau, 12
committee, institution, legislative body, agency, government corporation, or other 13
establishment of the executive or legislative branch of the state government; 14
(18) "Meeting" means all gatherings of every kind, including video teleconferences; 15
(19) "Negotiation" means contracting by either the method set forth in KRS 45A.085, 16
45A.090, or 45A.095; 17
(20) "Person" means any business, individual, organization, or group of individuals; 18
(21) "Private partner" means any entity that is a partner in a public-private partnership 19
other than: 20
(a) The Commonwealth of Kentucky, or any agency or department thereof; 21
(b) The federal government; 22
(c) Any other state government; or 23
(d) Any agency of a state, federal, or local government; 24
(22) "Procurement" means the purchasing, buying, renting, leasing, or otherwise 25
obtaining of any supplies, services, or construction. It includes all functions that 26
pertain to the procurement of any supply, service, or construction item, including 27 UNOFFICIAL COPY 22 RS BR 2255
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description of requirements, selection and solicitation of sources, preparation and 1
award of contract, and all phases of contract administration; 2
(23) "Public-private partnership" means a project delivery method for construction or 3
financing of capital projects, as defined in KRS 45.750, or procurement of services, 4
pursuant to a written public-private partnership agreement entered into pursuant to 5
KRS 45A.077 and administrative regulations promulgated thereunder, between: 6
(a) At least one (1) private partner; and 7
(b) The Commonwealth of Kentucky, or any agency or department thereof; 8
(24) "Purchase request" or "purchase requisition" means that document whereby a using 9
agency requests that a contract be obtained for a specified need, and may include, 10
but is not limited to, the technical description of the requested item, delivery 11
schedule, transportation, criteria for evaluation of solicitees, suggested sources of 12
supply, and information supplied for the making of any written determination and 13
finding required by KRS 45A.025; 14
(25) "Purchasing agency" means any governmental body that is authorized by this code 15
or its implementing administrative regulations or by way of delegation from the 16
chief purchasing officer to contract on its own behalf rather than through the central 17
contracting authority of the chief purchasing officer; 18
(26) "Purchasing officer" means any person authorized by a governmental body in 19
accordance with procedures prescribed by administrative regulations to enter into 20
and administer contracts and make written determinations and findings with respect 21
thereto. The term includes an authorized representative acting within the limits of 22
authority; 23
(27) "Services" means the rendering by a contractor of its time and effort rather than the 24
furnishing of a specific end product, other than reports that are merely incidental to 25
the required performance of services; 26
(28) "Supplemental agreement" means any contract modification that is accomplished by 27 UNOFFICIAL COPY 22 RS BR 2255
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the mutual action of the parties; 1
(29) "Supplies" means all property, including but not limited to leases of real property, 2
printing, and insurance, except land or a permanent interest in land; 3
(30) "Using agency" means any governmental body of the state that utilizes any supplies, 4
services, or construction purchased under this code; 5
(31) "Video teleconference" means one (1) meeting, occurring in two (2) or more 6
locations, where individuals can see and hear each other by means of video and 7
audio equipment; and 8
(32) "Writing" or "written" means letters, words, or numbers, or their equivalent, set 9
down by handwriting, typewriting, printing, photostating, photographing, magnetic 10
impulse, mechanical or electronic recording, or other form of data compilation. 11