{"data":{"id":"us-ky/krs-45a.095","jurisdiction":"us-ky","citation":"KRS 45A.095","heading":"Definitions for section -- Noncompetitive negotiation.","body":"(1) As used in this section:\n(a) \"Emergency condition\" means a situation which creates a threat or impending\nthreat to public health, welfare, or safety such as may arise by reason of  fires,\nfloods, tornadoes, other natural or man -caused disasters, epidemics, riots,\nenemy attack, sabotage, explosion, power failure, energy shortages,\ntransportation emergencies, equipment failures, state or federal legislative\nmandates, or similar events. The existence of the emergency condition creates\nan immediate and serious need for services, construction, or items of tangible\npersonal property that cannot be met through normal procurement methods\nand the lack of which would seriously threaten the functioning of government,\nthe preservation or protection of property, or the health or safety of any\nperson;\n(b) \"Executive branch agency\" means all executive branch departments, offices,\nprogram cabinets and their respective departments, and administrative bodies\nenumerated in KRS 12.020, and any other executive branch agencies\nimmediately attached to a department, office, program cabinet, or\nadministrative body enumerated in KRS 12.020; and\n(c) \"Sole source\" means a situation in which there is only one (1) known capable\nsupplier of a commodity or service, occasioned by the unique nature of the\nrequirement, the supplier, or market conditions.\n(2) A contract may be made by noncompetitive negotiation only:\n(a) For sole source purchases;\n(b) When competition is not feasible, as determined by the purchasing officer in\nwriting prior to award, under administrative regulations promulgated by the\nsecretary of the Finance and Administration Cabinet or the governing boards\nof universities operating under KRS Chapter 164A;\n(c) When emergency conditions exist; or\n(d) For sponsorships, naming rights, or other advertising or similar considerations\nfor which competition is not feasible.\n(3) Insofar as it is practical, no fewer than three (3) suppliers shall be solicited to\nsubmit written or oral quotations whenever it is determined that competitive sealed\nbidding is not feasible. Award shall be made to the supplier offering the best value.\nThe names of the suppliers submitting quotations and the date and amount of each\nquotation shall be placed in the procurement file and maintained as a public record.\n(4) Competitive bids may not be required:\n(a) For contractual services where no competition exists, such as telephone\nservice, electrical energy, and other public utility services;\n(b) Where rates are fixed by law or ordinance;\n(c) For library books;\n(d) For commercial items that are purchased for resale;\n(e) For interests in real property;\n(f) For visiting speakers, professors, expert witnesses, and performing artists;\n(g) For personal service contracts executed pursuant to KRS 45A.690 to 45A.725;\n(h) For agricultural products in accordance with KRS 45A.645; and\n(i) For contracts entered into by the president of the Kentucky Horse Park for\nemergency purchases pursuant to KRS 148.320(5).\n(5) The chief procurement officer, the head of a using agency, or a person authorized in\nwriting as the designee of e ither officer may make or authorize others to make\nemergency procurements when an emergency condition exists.\n(6) The Finance and Administration Cabinet may negotiate directly for the purchase of\ncontractual services, supplies, materials, or equipment in b ona fide emergencies\nregardless of estimated costs. The existence of the emergency shall be fully\nexplained, in writing, by the head of the agency for which the purchase is to be\nmade. The explanation shall be approved by the secretary of the Finance and\nAdministration Cabinet and shall include the name of the vendor receiving the\ncontract along with any other price quotations and a written determination for\nselection of the vendor receiving the contract. This information shall be filed with\nthe record of a ll such purchases and made available to the public. Where practical,\nstandard specifications shall be followed in making emergency purchases. In any\nevent, every effort should be made to effect a competitively established price for\npurchases made by the state.\n(7) Subsection (6) of this section shall not apply to emergency purchases made\npursuant to KRS 148.320(5).\n(8) In the one hundred eighty (180) days preceding a gubernatorial inauguration, an\nexecutive branch agency may execute or renew a contract by n oncompetitive\nnegotiation only when the secretary of the Finance and Administration Cabinet and\nthe State Treasurer both certify that the contract is necessary because of the\nexistence of an emergency condition.","path":["KRS Chapter 45A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58080","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:06Z","sha256":"8579ff7099ca6a6fa976253eee16a9cfc25541583d52c1665bfc14062621bbc9","source_id":"us-ky","stale":false,"prev":"us-ky/krs-45a.090","next":"us-ky/krs-45a.096"},"notice":"GroundRules: Original legal text. Not legal advice."}