{"data":{"id":"us-ky/krs-45a.085","jurisdiction":"us-ky","citation":"KRS 45A.085","heading":"Competitive negotiation.","body":"(1) When, under administrative regulations promulgated by the secretary or under KRS\n45A.180, the purchasing officer determines in writing that the use of competitive\nsealed bidding is not practicable, and except as provided in KRS 45A.095 and\n45A.100, a contract may be awarded by competitive negotiation, which may include\nthe use of a reverse auction.\n(2) Adequate public notice of the request for proposals and any reverse auction shall be\ngiven in the same manner and circumstances as provided in KRS 45A.080(3).\n(3) Contracts other than contracts for projects utilizing an alternative project delivery\nmethod under KRS 45A.180 may be competitively negotiated when it is determined\nin writing by the purchasing officer that the bids received by competitive sealed\nbidding either are unreasonable as to all or part of the requirements, or were not\nindependently reached in open competition, and for which each competitive bidder\nhas been notified of the intention to negotiate and is given reasonable opportunity to\nnegotiate.\n(4) Contracts for projects utilizing an alternative project delivery method shall be\nprocessed in accordance with KRS 45A.180.\n(5) The request for proposals shall indicate the relative importance of price and other\nevaluation factors, and any reverse auction procedures.\n(6) Award shall be made to the responsible and responsive offeror whose proposal is\ndetermined in writing to be the most advantageous to the Commonwealth, taking\ninto consideration price and the evaluation factors set forth in the request  for\nproposals and the reciprocal preference for resident bidders required under KRS\n45A.494.\n(7) Written or oral discussions shall be conducted with all responsible offerors who\nsubmit proposals determined in writing to be reasonably susceptible of being\nselected for award. Discussions shall not disclose any information derived from\nproposals submitted by competing offerors. Discussions need not be conducted:\n(a) With respect to prices, where the prices are fixed by law, reverse auction, or\nadministrative regulation, except that consideration shall be given to\ncompetitive terms and conditions;\n(b) Where time of delivery or performance will not permit discussions; or\n(c) Where it can be clearly demonstrated and documented from the existence of\nadequate competition or prior experience with the particular supply, service,\nor construction item, that acceptance of an initial offer without discussion\nwould result in fair and reasonable best value procurement, and the request for\nproposals notifies all offerors of the possibility that award may be made on the\nbasis of the initial offers.","path":["KRS Chapter 45A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22343","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:06Z","sha256":"06963500346a50fd40f757b8f0d1acfb0b9b683b1bba8b0a1b175e424877e237","source_id":"us-ky","stale":false,"prev":"us-ky/krs-45a.080","next":"us-ky/krs-45a.090"},"notice":"GroundRules: Original legal text. Not legal advice."}