KRS 424.260: Bids for materials, supplies, equipment, or services -- Exceptions.

(1) Except where a statute specifically fixes a larger sum as the minimum for a

requirement of advertisement for bids, a city, county, or district, or board or

commission of a city or county, or sheriff or county clerk, shall not make a contract,

lease, or other agreement for:

(a) Materials;

(b) Supplies, except for supplies that are:

1. Perishable foods such as meat, poultry, fish, egg products, fresh

vegetables, and fresh fruits; or

2. Sold at public auction;

(c) Equipment, except used vehicles and used equipment if the purchase price

does not exceed seventy -five percent (75%) of the manufacturer's suggested

retail price for the model year for a vehicle or date of manufac ture for

equipment for the same or similar vehicles or equipment; or

(d) Contractual services other than professional;

involving an expenditure of more than fifty thousand dollars ($50,000) without first

making newspaper advertisement for bids. This subse ction 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 fifty thousand dollars ($50,000), 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 m aking 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 i n 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 ultima te customers of a municipal utility

organized under KRS 96.550 to 96.900.

(6) Subsection (1) of this section shall not apply to purchases for products or services

made pursuant to KRS 82.084.

(7) Beginning in calendar year 2030, the small purchase maximum amount set out in

subsections (1) and (2) of this section shall be increased by ten thousand dollars

($10,000) every five (5) years effective on January 1 of each year. The Finance and

Administration Cabinet shall, through a technical advice memorandum or other

official means of communication, announce the small purchase maximum amount

in effect for the current year, and shall also prominently post that information on its

website.