KRS 45A.090: Negotiation after competitive sealed bidding when all bids exceed

available funds.

(1) In the event that all bids submitted pursuant to competitive sealed bidding under

KRS 45A.080 result in bid prices in excess of the funds available for the purchase ,

and the chief purchasing officer determines in writing:

(a) That there are no additional funds available from any source so as to permit an

award to the responsive and responsible bidder whose bid offers the best

value; and

(b) The best interest of the s tate will not permit the delay attendant to a

resolicitation under revised specifications, or for revised quantities, under

competitive sealed bidding as provided in KRS 45A.080,

then a negotiated award may be made as set forth in subsections (2) or (3) o f this

section.

(2) Where there is more than one (1) bidder, competitive negotiations pursuant to KRS

45A.085(3) shall be conducted with the three (3) (two (2) if there are only two (2))

bidders determined in writing to be the most responsive and responsib le bidders,

based on criteria contained in the bid invitation and the reciprocal preference for

resident bidders under KRS 45A.494. Such competitive negotiations shall be

conducted under the following restrictions:

(a) If discussions pertaining to the revi sion of the specifications or quantities are

held with any potential offeror, all other potential offerors shall be afforded an

opportunity to take part in such discussions; and

(b) A request for proposals, based upon revised specifications or quantities, shall

be issued as promptly as possible, shall provide for an expeditious response to

the revised requirements, and shall be awarded upon the basis of best value.

(3) Where, after competitive sealed bidding, it is determined in writing that there is

only one (1) responsive and responsible bidder, a noncompetitive negotiated award

may be made with such bidder in accordance with KRS 45A.095.