KRS 45A.085: Competitive negotiation.

(1) When, under administrative regulations promulgated by the secretary or under KRS

45A.180, the purchasing officer determines in writing that the use of competitive

sealed bidding is not practicable, and except as provided in KRS 45A.095 and

45A.100, a contract may be awarded by competitive negotiation, which may include

the use of a reverse auction.

(2) Adequate public notice of the request for proposals and any reverse auction shall be

given in the same manner and circumstances as provided in KRS 45A.080(3).

(3) Contracts other than contracts for projects utilizing an alternative project delivery

method under KRS 45A.180 may be competitively negotiated when it is determined

in writing by the purchasing officer that the bids received by competitive sealed

bidding either are unreasonable as to all or part of the requirements, or were not

independently reached in open competition, and for which each competitive bidder

has been notified of the intention to negotiate and is given reasonable opportunity to

negotiate.

(4) Contracts for projects utilizing an alternative project delivery method shall be

processed in accordance with KRS 45A.180.

(5) The request for proposals shall indicate the relative importance of price and other

evaluation factors, and any reverse auction procedures.

(6) Award shall be made to the responsible and responsive offeror whose proposal is

determined in writing to be the most advantageous to the Commonwealth, taking

into consideration price and the evaluation factors set forth in the request for

proposals and the reciprocal preference for resident bidders required under KRS

45A.494.

(7) Written or oral discussions shall be conducted with all responsible offerors who

submit proposals determined in writing to be reasonably susceptible of being

selected for award. Discussions shall not disclose any information derived from

proposals submitted by competing offerors. Discussions need not be conducted:

(a) With respect to prices, where the prices are fixed by law, reverse auction, or

administrative regulation, except that consideration shall be given to

competitive terms and conditions;

(b) Where time of delivery or performance will not permit discussions; or

(c) Where it can be clearly demonstrated and documented from the existence of

adequate competition or prior experience with the particular supply, service,

or construction item, that acceptance of an initial offer without discussion

would result in fair and reasonable best value procurement, and the request for

proposals notifies all offerors of the possibility that award may be made on the

basis of the initial offers.