{"data":{"id":"us-ky/krs-45a.080","jurisdiction":"us-ky","citation":"KRS 45A.080","heading":"Competitive sealed bidding.","body":"(1) Contracts exceeding the amount provided by KRS 45A.100 shall be awarded by\ncompetitive sealed bidding, which may include the use of a reverse auction, unless\nit is determined in writing that this method is not practicable. Factors to be\nconsidered in deter mining whether competitive sealed bidding is not practicable\nshall include:\n(a) Whether specifications can be prepared that permit award on the basis of best\nvalue; and\n(b) The available sources, the time and place of performance, and other relevant\ncircumstances as are appropriate for the use of competitive sealed bidding.\n(2) The invitation for bids shall state that awards shall be made on the basis of best\nvalue. In any contract which is awarded under an invitation to bid which requires\ndelivery by a specified date and imposes a penalty for late delivery, if the delivery is\nlate, the contractor shall be given the opportunity to present evidence that the cause\nof the delay was beyond his control. If it is the opinion of the purchasing officer that\nthere is  sufficient justification for delayed delivery, the purchasing officer may\nadjust or waive any penalty that is provided for in the contract.\n(3) Adequate public notice of the invitation for bids and any reverse auction shall be\ngiven a sufficient time prio r to the date set forth for the opening of bids or\nbeginning of the reverse auction. The notice may include posting on the Internet or\npublication in a newspaper or newspapers of general circulation in the state as\ndetermined by the secretary of the Finance and Administration Cabinet not less than\nseven (7) days before the date set for the opening of the bids and any reverse\nauction. The provisions of this subsection shall also apply to price contracts and\npurchase contracts of state institutions of higher education.\n(4) Bids shall be opened publicly or entered through a reverse auction at the time and\nplace designated in the invitation for bids. At the time the bids are opened, or the\nreverse auction has ended, the purchasing agency shall announce the agenc y's\nengineer's estimate, if applicable, and make it a part of the agency records pertaining\nto the letting of any contract for which bids were received. Each written or reverse\nauction bid, together with the name of the bidder and the agency's engineer's\nestimate, shall be recorded and be open to public inspection. Electronic bid opening\nand posting of the required information for public viewing shall satisfy the\nrequirements of this subsection.\n(5) The contract shall be awarded by written notice to the res ponsive and responsible\nbidder whose bid offers the best value.\n(6) Correction or withdrawal of written or reverse auction bids shall be allowed only to\nthe extent permitted by regulations issued by the secretary.","path":["KRS Chapter 45A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22342","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:06Z","sha256":"5c6198905338986cb180af50e0032b4f236da7a0c766cd5bdf61714b9db3ef28","source_id":"us-ky","stale":false,"prev":"us-ky/krs-45a.077","next":"us-ky/krs-45a.085"},"notice":"GroundRules: Original legal text. Not legal advice."}