{"data":{"id":"us-ky/krs-45a.090","jurisdiction":"us-ky","citation":"KRS 45A.090","heading":"Negotiation after competitive sealed bidding when all bids exceed","body":"available funds.\n(1) In the event that all bids submitted pursuant to competitive sealed bidding under\nKRS 45A.080 result in bid prices in excess of the funds available for the purchase ,\nand the chief purchasing officer determines in writing:\n(a) That there are no additional funds available from any source so as to permit an\naward to the responsive and responsible bidder whose bid offers the best\nvalue; and\n(b) The best interest of the s tate will not permit the delay attendant to a\nresolicitation under revised specifications, or for revised quantities, under\ncompetitive sealed bidding as provided in KRS 45A.080,\nthen a negotiated award may be made as set forth in subsections (2) or (3) o f this\nsection.\n(2) Where there is more than one (1) bidder, competitive negotiations pursuant to KRS\n45A.085(3) shall be conducted with the three (3) (two (2) if there are only two (2))\nbidders determined in writing to be the most responsive and responsib le bidders,\nbased on criteria contained in the bid invitation and the reciprocal preference for\nresident bidders under KRS 45A.494. Such competitive negotiations shall be\nconducted under the following restrictions:\n(a) If discussions pertaining to the revi sion of the specifications or quantities are\nheld with any potential offeror, all other potential offerors shall be afforded an\nopportunity to take part in such discussions; and\n(b) A request for proposals, based upon revised specifications or quantities, shall\nbe issued as promptly as possible, shall provide for an expeditious response to\nthe revised requirements, and shall be awarded upon the basis of best value.\n(3) Where, after competitive sealed bidding, it is determined in writing that there is\nonly one (1) responsive and responsible bidder, a noncompetitive negotiated award\nmay be made with such bidder in accordance with KRS 45A.095.","path":["KRS Chapter 45A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22344","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:06Z","sha256":"50856f133e922c50b9dfc94b9b1ef17939ae525e02d2cc66f606ab839bedcc91","source_id":"us-ky","stale":false,"prev":"us-ky/krs-45a.085","next":"us-ky/krs-45a.095"},"notice":"GroundRules: Original legal text. Not legal advice."}