In accordance with KRS 45A.365, all contracts or purchases in excess of $40,000 shall be awarded via competitive sealed bidding through an invitation for bids (IFB) which may include the use of a reverse auction, except in the following instances:
(A) RFP specifically authorized. When competitive negotiation via a request for proposals (RFP) is authorized pursuant to KRS 45A.370, as defined by § 35.079 of this subchapter;
(B) Bids exceed funds available. When all bids submitted pursuant to competitive sealed bidding under KRS 45A.365 result in bid prices in excess of the funds available for the purchase. In such case, the provisions of KRS 45A.370, and § 35.079 of this subchapter, relating to competitive negotiations shall be followed;
(C) No bids received. When no bids or only one bid is submitted pursuant to competitive sealed bidding. In such case, the provisions of KRS 45A.380, and § 35.081 of this subchapter, relating to noncompetitive negotiations shall be followed;
(D) Noncompetitive negotiation specifically authorized pursuant to KRS 45A.380. Upon a written determination that competition is not feasible, and when it is further determined that any permissible exception as detailed by§ 35.081(A) of this subchapter applies;
(E) Cooperative purchasing. Pursuant to a cooperative purchasing agreement or a price agreement with the commonwealth, in accordance with the KRS 45A.300 or 45A.420; and
(F) Otherwise permitted. When otherwise authorized by the Kentucky Local Model Procurement Code.
(1984 Code, § 35.67) (Ord. O-24-19, passed 7-23-2019; Ord. O-12-23, passed 8-8-2023)