KRS 45A.853: Prequalification of underwriters and bond counsels -- Request for

proposals -- Response -- First meeting of selection committee -- Second

meeting.

(1) (a) A firm shall not be considered for providing underwriting or bond counsel

services unless the office has prequalified the firm prior to the date of issuance

of the request for proposals.

(b) A firm's prequalification shall remain in effect for twenty -four (24) months

from the date of prequalification.

(2) (a) The office shall consult with the bond is suing agency before arriving at a

request for proposals. The request for proposals shall include, but not be

limited to:

1. The deadline for posing written questions about the request for

proposals to the selection committee chairman elected pursuant to

subsection (7)(b) of this section. This deadline shall occur before the

deadline for filing a written response to a request for proposals;

2. The deadline for filing a written response;

3. A description of the services sought;

4. A description of the skills required to perform the services;

5. A description of evaluation factors and their relative weight, including

the reciprocal preference for resident bidders required by KRS 45A.494;

and

6. In the case of a request for proposals from bond counsel firms, a

requirement to submit proposed fees and expenses.

(b) The office shall provide materials to the firms which have prequalified

pursuant to subsection (1) of this section. The materials shall include, but not

be limited to, the request for proposals and the e valuation sheet to be used by

the relevant selection committee.

(3) Prior to the deadline for posing questions established in the request for proposals, a

firm may pose written questions about the request for proposals to the selection

committee chairman. The chairman shall respond in writing. If, in the discretion of

the chairman, an answer could have a material effect on other respondents'

proposals, then both the question and the answer shall be distributed to all firms at

the same time prior to the dead line for the filing of responses to the request for

proposals.

(4) A firm shall file a written response to the request for proposals prior to the deadline

for filing a written response established in the request for proposals. A firm which

fails to meet the deadline shall be barred from the procurement process.

(5) The employees of the office and the members of the selection committee shall keep

all responses to a request for proposals confidential until the contract to the winning

firm has been awarded.

(6) The executive director of the office shall designate an office em ployee to identify

which firms prequalified pursuant to subsection (1) of this section and filed, in a

timely fashion, a written response to a request for proposals. He shall create a list of

firms which have done so and certify the list.

(7) The office sh all organize the selection committee's first meeting. At that meeting,

each selection committee member shall sign a statement of confidentiality. Also, at

that meeting, the selection committee shall:

(a) Determine whether a majority of the voting members a re merit employees of

the Commonwealth. If a majority are not merit employees, the selection

committee shall disband, and another selection committee shall be selected

pursuant to KRS 45A.843. A majority of its voting members shall be merit

employees of the Commonwealth;

(b) Elect from among the voting members of the committee a chairman and vice

chairman who shall hold their positions for the duration of the selection

committee's involvement in the bond issuance;

(c) Be provided with:

1. The certified list created pursuant to subsection (6) of this section;

2. If applicable, an out-of-state firm's preference handicap created pursuant

to KRS 45A.873(1);

3. The request for proposals;

4. Forms for keeping a log of all contacts with firms which have responded

to the request for proposals as well as contacts with persons acting on

behalf of those firms. Each committee member shall keep a log which

shall summarize the subject of any contact and state the date and place

of the contact; and

5. The selection evaluation sheets; and

(d) Discuss the future conduct of its affairs.

(8) At the second meeting of a selection committee, the committee shall:

(a) Be provided with the following:

1. Written questions and answers produced pursuant to subsection (3) of

this section; and

2. The firms' responses to the request for proposals; and

(b) Discuss the future conduct of its affairs.