KRS 45A.837: Price contracts for architectural, engineering, and engineering -related

services -- Review procedure required.

(1) Notwithstanding the provisions of KRS 45A.800 to 45A.835, the Finance and

Administration Cabinet, the Department of Fish and Wildli fe Resources, and the

Transportation Cabinet may enter into price contracts for architectural, engineering,

and engineering -related services. If the agencies choose to enter into a price

contract, subsection (2) of this section shall apply.

(2) Price contr acts shall be awarded to firms qualified by the Finance and

Administration Cabinet, Department of Facilities Management or by the

Transportation Cabinet, Department of Highways. The Finance and Administration

Cabinet selection committee established by KRS 45A.810 shall meet at least

quarterly during each fiscal year to review and make recommendations to the

commissioner of the Department for Facilities Management for qualification of

interested firms. The Transportation Cabinet selection committee establish ed by

KRS 45A.810 shall meet at least quarterly during each fiscal year to review and

make recommendations to the commissioner of the Department of Highways for

qualification of interested firms.

(a) The respective committees shall evaluate those firms sub mitting statements of

interest in obtaining a price contract. The submitting firms shall be reviewed

according to the following criteria:

1. Qualifications;

2. Ability of professional personnel; and

3. Past record and experience.

(b) Firms qualified by the commissioner of the Department for Facilities

Management or by the commissioner of the Department of Highways shall be

awarded price contracts by the respective departments for the type of work for

which they have been qualified.

(c) The commissioner of t he Department for Facilities Management, the

commissioner of the Department of Fish and Wildlife Resources, or the

commissioner of the Department of Highways may select firms to perform

work under price contract for small projects for which the architectur al,

engineering, or engineering -related fees do not exceed one hundred fifty

thousand dollars ($150,000). However, no firm that has received more than

three hundred thousand dollars ($300,000) in price contract fees in any one

(1) fiscal year in the contra ct discipline being awarded shall be selected to

work under a price contract unless the secretary of the Finance and

Administration Cabinet, the secretary of the Transportation Cabinet, or the

commissioner of the Department of Fish and Wildlife Resources m akes a

written determination that the selection is in the best interest of the

Commonwealth and the determination is confirmed by the appropriate

cabinet's or department's selection committee established by KRS 45A.810.

(3) Notwithstanding any provision of the Kentucky Revised Statutes, no price contract

shall be awarded under the provisions of this section before completion of the

review procedure provided for in KRS 45A.695 and 45A.705.