KRS 65.025: Prohibitions relating to employment of entities providing architectural

services and construction management services on capital construction

projects -- Effect of violation -- Best value procurement criteria --

Exception.

(1) As used in this section:

(a) "Employ" means to hire, retain, or otherwise contract with an individual or

entity for goods or services;

(b) "Local government" means a city, county, charter county government,

urban-county government, consolidated local government, or a special

district;

(c) "Construction manager" means a person who coordinates and

communicates the entire project process, clarifying cost and time

consequences of design decisions as well as clarifying construction

feasibility, and who manages the bidding, awarding, and construction

phases of the project;

(d) "Design-build" means a system of contracting under which one (1) entity

performs both architecture/engineering and construction under one (1)

single contract;

(e) "Best value" means a procurement in which the decision is based on the

primary objective of meeting the specific business requirements and best

interests of the local government. These decisions shall be based on

objective and quantifiable criteria that shall include price and that have

been communicated to the offerors as set forth in the invitation for bids or

request for proposals. Every invitation for bids or request for proposals

shall provide that an item equal to that named or described in the

specifications may be furnished. The specification may identify a sole

brand in cases where, in the written opinion of the chief procurement

officer, documented unique and valid conditions require compatibility,

continuity, or conformity with established standards. An item shall be

considered equal to the item named or described if, in the opinion of the

owner and the design professional responsible for the specifications:

1. It is at least equal in quality, durability, appearance, strength,

design, and other criteria deemed appropriate;

2. It will perform at least equally the function imposed by the general

design for the public work being contracted for or the material being

purchased; and

3. It conforms substantially to the detailed requirements for the item in

the specifications;

(f) "Capital project" means the construction, reconstruction, acquisition,

installation, and improvement of public infrastructure that is owned by a

local government and that serves a public purpose of the local

government;

(g) "Private partner" means any entity that is a partner in a public-private

partnership other than:

1. The Commonwealth of Kentucky, or any agency or department

thereof;

2. The federal government;

3. Any other local government;

4. Any other state government; or

5. Any agency of a state, federal, or local government; and

(h) 1. "Public-private partnership" means a project delivery method for

construction or financing of capital projects, or procurement of

services, pursuant to a written public-private partnership agreement

entered into pursuant to KRS 65.028 and administrative regulations

promulgated thereunder, between:

a. At least one (1) private partner; and

b. A local government.

2. "Public-private partnership" does not include any traditional delivery

method or method of procurement of goods or services entered into

by a short-term contractual agreement between a local government

and a private seller that terminates when the good or service is

delivered, whether governed by the provisions of KRS 45A.343 to

45A.460 or 424.260.

(2) A local government shall not employ the same entity to provide both

architectural services and construction management services on the same

capital construction project. No local government shall knowingly employ an

officer, employee, or agent of, or an immediate family member of an officer,

employee, or agent of:

(a) The architectural firm that provided the architectural services to also

provide construction management services for the same capital

construction project for which the architectural firm provided architectural

services; or

(b) The construction management firm that provided the construction

management services to also provide architectural services for the same

capital construction project for which the construction management firm

provided construction management services.

(3) A violation of subsection (2) of this section shall suspend the local government

from receiving any financial assistance from the state, or any state agency,

with respect to the project for which the architectural or construction

management firm was employed until the matter is resolved.

(4) Local governments initiating a capital construction project shall incorporate, or

shall require architects or construction managers in the employment of the local

government to incorporate, best value procurement criteria in all invitations for

bids or requests for proposals as provided for in subsection (1) of this section.

(5) Nothing in this section shall prohibit a local government from using:

(a) Design-build as a method of providing for capital construction services as

long as best value contracting principles are followed as specified in

subsection (1) of this section; or

(b) A public-private partnership as long as the provisions of KRS 65.028 are

followed.