KRS 45A.080: Competitive sealed bidding.

(1) Contracts exceeding the amount provided by KRS 45A.100 shall be awarded by

competitive sealed bidding, which may include the use of a reverse auction, unless

it is determined in writing that this method is not practicable. Factors to be

considered in deter mining whether competitive sealed bidding is not practicable

shall include:

(a) Whether specifications can be prepared that permit award on the basis of best

value; and

(b) The available sources, the time and place of performance, and other relevant

circumstances as are appropriate for the use of competitive sealed bidding.

(2) The invitation for bids shall state that awards shall be made on the basis of best

value. In any contract which is awarded under an invitation to bid which requires

delivery by a specified date and imposes a penalty for late delivery, if the delivery is

late, the contractor shall be given the opportunity to present evidence that the cause

of the delay was beyond his control. If it is the opinion of the purchasing officer that

there is sufficient justification for delayed delivery, the purchasing officer may

adjust or waive any penalty that is provided for in the contract.

(3) Adequate public notice of the invitation for bids and any reverse auction shall be

given a sufficient time prio r to the date set forth for the opening of bids or

beginning of the reverse auction. The notice may include posting on the Internet or

publication in a newspaper or newspapers of general circulation in the state as

determined by the secretary of the Finance and Administration Cabinet not less than

seven (7) days before the date set for the opening of the bids and any reverse

auction. The provisions of this subsection shall also apply to price contracts and

purchase contracts of state institutions of higher education.

(4) Bids shall be opened publicly or entered through a reverse auction at the time and

place designated in the invitation for bids. At the time the bids are opened, or the

reverse auction has ended, the purchasing agency shall announce the agenc y's

engineer's estimate, if applicable, and make it a part of the agency records pertaining

to the letting of any contract for which bids were received. Each written or reverse

auction bid, together with the name of the bidder and the agency's engineer's

estimate, shall be recorded and be open to public inspection. Electronic bid opening

and posting of the required information for public viewing shall satisfy the

requirements of this subsection.

(5) The contract shall be awarded by written notice to the res ponsive and responsible

bidder whose bid offers the best value.

(6) Correction or withdrawal of written or reverse auction bids shall be allowed only to

the extent permitted by regulations issued by the secretary.