KRS 45A.365: Competitive sealed bidding.

(1) All contracts or purchases shall be awarded by competitive sealed bidding, which

may include the use of a reverse auction, except as otherwise provided by KRS

45A.370 to 45A.385 and for the purchase of wholesale electric power by municipal

utilities as provided in KRS 96.901(1).

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

lowest bid price or the lowest evaluated bid price. If the latter is used, the objective

measurable criteria to be utilized shall be set forth in the invitation for bids. The

invitation for bids shall include the reciprocal preference for resident bidders

described in KRS 45A.494.

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

given prior to the date set fo rth for the opening of bids. The notice may include

posting on the Internet or publication in a newspaper of general circulation in the

local jurisdiction at least seven (7) days before the date set for the opening of the

bids and any reverse auction. Nothing in this section shall prohibit additional notice,

posting, or publication, nor shall additional notification, posting, or publication

extend the required notice period. The public notice shall include the time and place

the bids will be opened and the time and place where the specifications may be

obtained.

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

and place designated in the invitation for bids. Each written or reverse auction bid,

together with the name of the bidder, 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) A contract shall be awarded with reasonable promptness by written notice to the

responsive and responsible bidder whose bid is either the lowest bid price or the

lowest evaluated bid price after the application of any reciprocal preference for

resident bidders required by KRS 45A.494.

(6) The local public agen cy may allow the withdrawal of a bid where there is a patent

error on the face of the bid document, or where the bidder presents sufficient

evidence, substantiated by bid worksheets, that the bid was based upon an error in

the formulation of the bid price.