{"data":{"id":"us-ky/krs-45a.030","jurisdiction":"us-ky","citation":"KRS 45A.030","heading":"Definitions for code.","body":"As used in this code, unless the context requires otherwise:\n(1) \"Business\" means any corporation, partnership, individual, sole proprietorship, joint\nstock company, joint venture, or any other legal entity through which business is\nconducted;\n(2) \"Change order\" means a written order signed by the purchasing officer, directing\nthe contractor to make changes that the changes clause of the contract authorizes\nthe purchasing officer to order without the consent of the contractor;\n(3) \"Chief purchasing officer\"  means the secretary of the Finance and Administration\nCabinet, who shall be responsible for all procurement of the Commonwealth except\nas provided by KRS Chapters 150, 175, 175B, 176, 177, and 180;\n(4) \"Construction\" means the process of building, alterin g, repairing, improving, or\ndemolishing any public structures or buildings, or other public improvements of any\nkind to any public real property. It does not include the routine maintenance of\nexisting structures, buildings, or real property;\n(5) \"Construction manager -agency\" means services to assist the purchasing agency\nmanage construction that are procured through a contract that is qualifications -\nbased;\n(6) \"Construction management-at-risk\" means a project delivery method in which the\npurchasing officer enters into a single contract with an offeror that assumes the risk\nfor construction at a contracted guaranteed maximum price as a general contractor,\nand provides consultation and collaboration regarding the construction during and\nafter design of a capi tal project. The contract shall be subject to the bonding\nrequirements of KRS 45A.190;\n(7) \"Construction manager -general contractor\" means a project delivery method in\nwhich the purchasing officer enters into a single contract with an offeror to provide\npreconstruction and construction services. During the preconstruction phase, the\nsuccessful offeror provides design consulting services. During the construction\nphase, the successful offeror acts as general contractor by:\n(a) Contracting with subcontractors; and\n(b) Providing for management and construction at a fixed price with a completion\ndeadline;\n(8) \"Contract\" means all types of state agreements, including memoranda of agreement,\ngrants, and orders, for the acquisition, purchase, or disposal of supplies, services,\nconstruction, or any other item. It includes: awards; contracts of a fixed -price, cost,\ncost-plus-a-fixed-fee, contingency fee, or incentive type; contracts providing for the\nissuance of job or task orders; leases; letter contracts; purchase orders; public -\nprivate partnership agreements; program administration contracts; personal service\ncontracts; and insurance contracts except as provided in KRS 45A.022. It includes\nsupplemental agreements with respect to any of the foregoing;\n(9) \"Contract modification\" means any written alteration in the specifications, delivery\npoint, rate of delivery, co ntract period, price, quantity, or other contract provisions\nof any existing contract, whether accomplished by unilateral action in accordance\nwith a contract provision or by mutual action of the parties to the contract. It\nincludes bilateral actions, such  as supplemental agreements, and unilateral actions,\nsuch as change orders, administrative changes, notices of termination, and notices\nof the exercise of a contract option;\n(10) \"Contractor\" means any person having a contract with a governmental body;\n(11) \"Data\" means recorded information, regardless of form or characteristic;\n(12) \"Design-bid-build\" means a project delivery method in which the purchasing officer\nsequentially awards separate contracts, the first for architectural, engineering, or\nengineering-related services to design the project and the second for construction of\nthe capital project according to the design. The contract shall be subject to the\nbonding requirements of KRS 45A.185;\n(13) \"Design-build\" means a project delivery method in whic h the purchasing officer\nenters into a single contract for design and construction of a capital project. The\ncontract shall be subject to the bonding requirements of KRS 45A.190;\n(14) \"Designee\" means a duly authorized representative of a person holding a superior\nposition;\n(15) \"Document\" means any physical embodiment of information or ideas, regardless of\nform or characteristic, including electronic versions thereof;\n(16) \"Employee\" means an individual drawing a salary from a governmental body,\nwhether elected or not, and any nonsalaried individual performing personal services\nfor any governmental body;\n(17) \"Governmental body\" means any department, commission, council, board, bureau,\ncommittee, institution, legislative body, agency, government corporation , or other\nestablishment of the executive or legislative branch of the state government;\n(18) \"Meeting\" means all gatherings of every kind, including video teleconferences;\n(19) \"Negotiation\" means contracting by either the method set forth in KRS 45A.085,\n45A.090, or 45A.095;\n(20) \"Person\" means any business, individual, organization, or group of individuals;\n(21) \"Private partner\" means any entity that is a partner in a public -private partnership\nother than:\n(a) The Commonwealth of Kentucky, or any agency or department thereof;\n(b) The federal government;\n(c) Any other state government; or\n(d) Any agency of a state, federal, or local government;\n(22) \"Procurement\" means the purchasing, buying, renting, leasing, or otherwise\nobtaining of any supplies, servi ces, or construction. It includes all functions that\npertain to the procurement of any supply, service, or construction item, including\ndescription of requirements, selection and solicitation of sources, preparation and\naward of contract, and all phases of contract administration;\n(23) \"Public-private partnership\" means a project delivery method for construction or\nfinancing of capital projects, as defined in KRS 45.750, or procurement of services,\npursuant to a written public -private partnership agreement entered into pursuant to\nKRS 45A.077 and administrative regulations promulgated thereunder, between:\n(a) At least one (1) private partner; and\n(b) The Commonwealth of Kentucky, or any agency or department thereof;\n(24) \"Purchase request\" or \"purchase requi sition\" means that document whereby a using\nagency requests that a contract be obtained for a specified need, and may include,\nbut is not limited to, the technical description of the requested item, delivery\nschedule, transportation, criteria for evaluatio n of solicitees, suggested sources of\nsupply, and information supplied for the making of any written determination and\nfinding required by KRS 45A.025;\n(25) \"Purchasing agency\" means any governmental body that is authorized by this code\nor its implementing  administrative regulations or by way of delegation from the\nchief purchasing officer to contract on its own behalf rather than through the central\ncontracting authority of the chief purchasing officer;\n(26) \"Purchasing officer\" means any person authorized  by a governmental body in\naccordance with procedures prescribed by administrative regulations to enter into\nand administer contracts and make written determinations and findings with respect\nthereto. The term includes an authorized representative acting w ithin the limits of\nauthority;\n(27) \"Services\" means the rendering by a contractor of its time and effort rather than the\nfurnishing of a specific end product, other than reports that are merely incidental to\nthe required performance of services;\n(28) \"Supplemental agreement\" means any contract modification that is accomplished\nby the mutual action of the parties;\n(29) \"Supplies\" means all property, including but not limited to leases of real property,\nprinting, and insurance, except land or a permanent interest in land;\n(30) \"Using agency\" means any governmental body of the state that utilizes any\nsupplies, services, or construction purchased under this code;\n(31) \"Video teleconference\" means one (1) meeting, occurring in two (2) or more\nlocations, where individuals can see and hear each other by means of video and\naudio equipment; and\n(32) \"Writing\" or \"written\" means l etters, words, or numbers, or their equivalent, set\ndown by handwriting, typewriting, printing, photostating, photographing, magnetic\nimpulse, mechanical or electronic recording, or other form of data compilation.","path":["KRS Chapter 45A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56553","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:06Z","sha256":"9087717a0814e2e31c0d67c01509dd295319cffa61c1673ef1013b4df6c7ac5e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-45a.025","next":"us-ky/krs-45a.035"},"notice":"GroundRules: Original legal text. Not legal advice."}