For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"AGGREGATE AMOUNT." The total dollar amount during a fiscal year of items of a like nature, function, and use, the need of which can reasonably be determined at the beginning of the fiscal year. Items the need for which could not reasonably be established in advance or which were unavailable because of a failure of delivery need not be included in the "AGGREGATE AMOUNT".
"CHIEF EXECUTIVE OFFICER." The Mayor, or the person designated by the Mayor or by City Council to perform the procurement function.
"CONSTRUCTION." The process of building, altering, repairing, or improving any public structure or building, or other public improvements of any kind to any public real property. "CONSTRUCTION" does not include the routine operation, routine repair, or routine maintenance of existing structures or real property.
"CONTRACT." All types of city agreements, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item. It includes awards and notices of awards; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job or task orders; leases; letter contracts; and purchase orders. "CONTRACT" also includes supplemental agreements with respect to any of the foregoing.
"ESTABLISHED CATALOGUE PRICE." The price included in the most current catalogue, price list, schedule, or other form that:
(A) Is regularly maintained by the manufacturer or vendor of an item;
(B) Is either published or otherwise available for inspection by customers; and
(C) States prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for that item.
"EVALUATED BID PRICE." The dollar amount of a bid after bid-price adjustments are made pursuant to objective measurable criteria, set forth in the invitation for bids, which affect the economy and effectiveness in the operation or use of the product, such as reliability, maintainability, useful life, residual value, and time of delivery, performance, or completion.
"INVITATION FOR BIDS." All documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures as set forth in KRS 45A.365.
"LEGISLATIVE BODY." City Council.
"LOCAL PUBLIC AGENCY." The City of Shelbyville.
"MAY." Is permissive. However, the words "no person may..." mean that no person is required, authorized, or permitted to do the act prescribed.
"NEGOTIATION." Contracting by either the methods set forth in KRS 45A.370, 45A.375, or 45A.380.
"NONCOMPETITIVE NEGOTIATION." Informal negotiation with one or more vendors, contractors, or individuals without advertisement or notice.
"OBJECTIVE MEASURABLE CRITERIA." Sufficient information in the invitation to bid as to weight and method of evaluation so that the evaluation may be determined with reasonable mathematical certainty. Criteria which are otherwise subjective such as taste and appearance may be established when appropriate.
"PERSON." May extend and be applied to bodies-politic and corporate, societies, communities, the public generally, individuals, partnerships, registered limited liability partnerships, joint stock companies, and limited liability companies.
(KRS 446.010(33))
"PROCUREMENT." The purchasing, buying, renting, leasing, or otherwise obtaining any supplies, services, or construction. "PROCUREMENT" also includes all functions that pertain to the obtaining of any public procurement, including description of sources, preparation and award of contracts, and all phases of contract administration.
"REQUEST FOR PROPOSALS." All documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in KRS 45A.370, 45A.375, 45A.380, or 45A.385.
"RESPONSIBLE BIDDER" or "RESPONSIBLE OFFEROR." A person who has the capability in all respects to perform fully the contract requirements and the integrity and reliability which will assure good faith performance.
"RESPONSIVE BIDDER." A person who has submitted a bid under KRS 45A.365 which conforms in all material respects to the invitation for bids, so that all bidders may stand on equal footing with respect to the method and timeliness of submission and as to the substance of any resulting contract.
"REVERSE AUCTION." A real-time, structured bidding process, usually lasting less than one (1) hour, and taking place during a previously scheduled time and Internet location, during which multiple bidders, anonymous to each other, submit revised, lower bids to provide the solicited good or leased space.
"SERVICES." The rendering by a contractor of its time and effort rather than the furnishing of a specific end product, other than reports which are merely incidental to the required performance of service.
"SHALL." Is imperative.
"SPECIFICATIONS." Any description of a physical or functional characteristic of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery.
"SUPPLEMENTAL AGREEMENT." Any contract modification which is accomplished by the mutual action of the parties.
"SUPPLIES." All property, including but not limited to leases on real property, printing, and insurance, except land or a permanent interest in land.
(KRS 45A.345)