(A) The Judge/Executive, or his or her designee, is responsible for the administration of the procurement function of the Fiscal Court, and shall establish procedures to perform the procurement function in accordance with this code and other applicable laws.
(B) This code shall be adopted as the Kenton County Fiscal Court Procurement Code, all pursuant to KRS 68.005(d) (County Administrative Code).
(C) The Judge/Executive may delegate to the Deputy Judge/Executive or other designee such authority as may be appropriate and necessary for the proper performance of the procurement functions.
(D) No delegation of authority shall be made to the Deputy Judge/Executive or department heads to award any contract in excess of the maximum allowed by law, without requiring use of a procurement process as set forth herein.
(E) The Judge/Executive shall have purchasing authority to make individual purchases up to the limit set forth in division (G) of this section, provided it is a lawful expenditure, its procurement has complied with the procedures set forth herein, and sufficient and appropriate funds for the expenditure have been made within the proper budget allocation.
(F) No procurement shall be made for an amount the exceeds the sum budgeted and appropriated for the procurement by the Fiscal Court.
(G) The Fiscal Court must approve all expenditures in excess of $30,000, as provided in KRS Chapter 45A. Further, any one project for which the sum of all its components or expenditures to multiple vendors exceeds $30,000, must also be approved by the Fiscal Court before any encumbrances or binding commitments are made, even if individual purchases fall under the purchase authority in division (E) of this section. For purposes of this section only, ONE PROJECT is defined as expenditures having a common component or nexus such that a reasonable conclusion would be that all expenditures further the same goal or initiative.
(H) The Fiscal Court has the sole authority to award any procurement or contract that exceeds $30,000, regardless of whether the award is based on competitive sealed bids, multi-step sealed bidding, competitive negotiations or non-competitive negotiations.
(I) The Fiscal Court reserves the right to reject any and all bids, and to waive technicalities and minor irregularities in bids.
(J) An invitation for bids, a request for proposals or other solicitation may be canceled, or any or all bids or proposals may be rejected, in whole or in part, as may be specified in the solicitation, when it is in the best interest of the county. The reasons therefor shall be made part of the contract file. Each solicitation issued by the county shall state that it may be canceled, and that any bid or proposal may be rejected, in whole or in part, for good cause, when in the county’s best interest. The reasons for rejections shall be provided in writing upon request to unsuccessful bidders or offerors, and shall be set forth in Fiscal Court minutes.
(K) Non-responsiveness. If a bidder or offeror who otherwise would have been awarded a contract is found non-responsive, a written determination of non-responsiveness, setting forth the basis of the finding, shall be prepared by the Judge/Executive or his or her designee. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry may be grounds for a determination of non-responsiveness with respect to a bidder or offeror. The final determination shall be made part of the contract file and shall be made a public record.
(L) Right of nondisclosure. In the instance of a request for qualifications, a request for proposals, or a competitive negotiation process, or upon the request of a bidder or offeror, and upon the discretion of the Judge/Executive, information furnished by them may not be disclosed, provided the information meets the requirements of KRS 61.878.
(M) Uniform application. All local public agencies shall comply with the terms of the Procurement Code unless they have adopted a code that is at least as stringent as this code.
(Ord. 120.9, passed 8-24-99; Am. Ord. 121.3, passed 3-20-01; Am. Ord. 121.42, passed 10-27-20)