{"data":{"id":"us-ky/krs-45a.345","jurisdiction":"us-ky","citation":"KRS 45A.345","heading":"Definitions for KRS 45A.343 to 45A.460.","body":"As used in KRS 45A.343 to 45A.460, unless the context indicates otherwise:\n(1) \"Aggregate amount\" means the total dollar amount during a fiscal year of items of a\nlike nature, function, and use the need for which can reasonably be determined at\nthe beginning of the fiscal year. Items the need for which could not reasonably be\nestablished in advance or which were unavailable because of a failure of delivery\nneed not be included in the aggregate amount.\n(2) \"Capital cost avoidance\" means moneys expended by a local public agency to pay\nfor an energy conservation measure identified as a permanent equipment\nreplacement and whose cost has been discounted by any additional energy and\noperation savings generated from other energy conservation measures identified in\nthe guaranteed energy savings contract, except that for school districts capital cost\navoidance shall also mean moneys expended by the district from one (1) or more of\nthe following sources:\n(a) General fund;\n(b) Capital outlay allotment under KRS 157.420; and\n(c) State and local funds from the Facilities Support Program of Kentucky under\nKRS 157.440.\n(3) \"Chief executive officer\" means the mayor, county judge/executive, superintendent\nof schools, or the principal administrative officer of a local public ag ency, or the\nperson designated by the chief executive officer or legislative body of the local\npublic agency to perform the procurement function.\n(4) \"Construction\" means the process of building, altering, repairing, or improving any\npublic structure or building, or other public improvements of any kind to any public\nreal property. It does not include the routine operation, routine repair, or routine\nmaintenance of existing structures, buildings, or real property.\n(5) \"Contract\" means all types of local pub lic agency agreements, including grants and\norders, for the purchase or disposal of supplies, services, construction, or any other\nitem. It includes awards and notices of award; contracts of a fixed -price, cost, cost-\nplus-a-fixed-fee, or incentive type; co ntracts providing for the issuance of job or\ntask orders; leases; letter contracts; and purchase orders. It also includes\nsupplemental agreements with respect to any of the foregoing. It does not include\nlabor contracts with employees of local public agencies.\n(6) \"Document\" means any physical embodiment of information or ideas, regardless of\nform or characteristic, including electronic versions thereof.\n(7) \"Established catalogue price\" means the price included in the most current\ncatalogue, price list, schedule, or other form that:\n(a) Is regularly maintained by the manufacturer or vendor of an item; and\n(b) Is either published or otherwise available for inspection by customers; and\n(c) States prices at which sales are currently or were last made to a significant\nnumber of buyers constituting the general buying public for that item.\n(8) \"Evaluated bid price\" means the dollar amount of a bid after bid price adjustments\nare made pursuant to  objective measurable criteria, set forth in the invitation for\nbids, which affect the economy and effectiveness in the operation or use of the\nproduct, such as reliability, maintainability, useful life, residual value, and time of\ndelivery, performance, or completion.\n(9) \"Invitation for bids\" means all documents, whether attached or incorporated by\nreference, utilized for soliciting bids in accordance with the procedures set forth in\nKRS 45A.365.\n(10) \"The legislative body or governing board\" means a coun cil, commission, or other\nlegislative body of a city, consolidated local government, or urban -county; a county\nfiscal court; board of education of a county or independent school district; board of\ndirectors of an area development district or special distri ct; or board of any other\nlocal public agency.\n(11) \"Local public agency\" means a city, county, urban -county, consolidated local\ngovernment, school district, special district, or an agency formed by a combination\nof such agencies under KRS Chapter 79, or a ny department, board, commission,\nauthority, office, or other sub -unit of a political subdivision which shall include the\noffices of the county clerk, county sheriff, county attorney, coroner, and jailer.\n(12) \"May\" means permissive. However, the words \"no  person may . . .\" mean that no\nperson is required, authorized, or permitted to do the act prescribed.\n(13) \"Negotiation\" means contracting by either the method set forth in KRS 45A.370,\n45A.375, or 45A.380.\n(14) \"Noncompetitive negotiation\" means informal  negotiation with one (1) or more\nvendor, contractor, or individual without advertisement or notice.\n(15) \"Objective measurable criteria\" means sufficient information in the invitation to bid\nas to weight and method of evaluation so that the evaluation may  be determined\nwith reasonable mathematical certainty. Criteria which are otherwise subjective,\nsuch as taste and appearance, may be established when appropriate.\n(16) \"Person\" means any business, individual, union, committee, club, or other\norganization or group of individuals.\n(17) \"Procurement\" means the purchasing, buying, renting, leasing, or otherwise\nobtaining any supplies, services, or construction. It also includes all functions that\npertain to the obtaining of any public procurement, including des cription of\nrequirements, selection, and solicitation of sources, preparation and award of\ncontract, and all phases of contract administration.\n(18) \"Request for proposals\" means all documents, whether attached or incorporated by\nreference, utilized for so liciting proposals in accordance with the procedures set\nforth in KRS 45A.370, 45A.375, 45A.380, or 45A.385.\n(19) \"Responsible bidder or offeror\" means a person who has the capability in all\nrespects to perform fully the contract requirements, and the inte grity and reliability\nwhich will assure good faith performance.\n(20) \"Responsive bidder\" means a person who has submitted a bid under KRS 45A.365\nwhich conforms in all material respects to the invitation for bids, so that all bidders\nmay stand on equal footing with respect to the method and timeliness of submission\nand as to the substance of any resulting contract.\n(21) \"Reverse auction\" means a real-time, structured bidding process, usually lasting less\nthan one (1) hour, and taking place at a previously s cheduled time and Internet\nlocation, during which multiple bidders, anonymous to each other, submit revised,\nlower bids to provide the solicited good or leased space.\n(22) \"Services\" means the rendering, by a contractor, of its time and effort rather than the\nfurnishing of a specific end product other than reports which are merely incidental\nto the required performance of service. It does not include labor contracts with\nemployees of local public agencies.\n(23) \"Shall\" means imperative.\n(24) \"Specifications\" means any description of a physical or functional characteristic of a\nsupply, service, or construction item. It may include a description of any\nrequirement for inspecting, testing, or preparing a supply, service, or construction\nitem for delivery.\n(25) \"Supplemental agreement\" means any contract modification which is accomplished\nby the mutual action of the parties.\n(26) \"Supplies\" means all property, including but not limited to leases on real property,\nprinting, and insurance, except land or a permanent interest in land.\n(27) \"Energy conservation measure\" means a training program or facility alteration\ndesigned to reduce energy consumption or operating costs, and may include one (1)\nor more of the following:\n(a) Insulation of the building structure or systems within the building;\n(b) Storm windows or doors, caulking or weatherstripping, multiglazed windows\nor doors, heat absorbing or heat reflective glazed and coated window or door\nsystems, additional glazing, reductions in glass area, or other window an d\ndoor system modifications that reduce energy consumption;\n(c) Automated or computerized energy control systems;\n(d) Heating, ventilating, or air conditioning system modifications or\nreplacements;\n(e) Replacement or modification of lighting fixtures to in crease the energy\nefficiency of the lighting system without increasing the overall illumination of\na facility, unless an increase in illumination is necessary to conform to the\napplicable state or local building code for the lighting system after the\nproposed modifications are made;\n(f) Energy recovery systems;\n(g) Cogeneration systems that produce steam or forms of energy such as heat, as\nwell as electricity, for use primarily within a building or complex of buildings;\n(h) Energy, water, or wastewater conservation measures that provide long -term\noperating cost reductions or billable revenue increases;\n(i) Any life safety measures that provide long-term operating cost reductions;\n(j) Water and wastewater conservation measures , including plumbing fixtures\nand infrastructure;\n(k) Equipment upgrades that improve the accuracy of billable revenue generating\nsystems; or\n(l) Automated, electronic, or remotely controlled systems or measures that reduce\ndirect personnel costs.\n(28) \"Guaranteed energy savings contract\" means a contract for the evaluation and\nrecommendation of energy, water, and wastewater conservation measures and for\nimplementation of one (1) or more of those measures. The contract shall provide\nthat all payments, excep t obligations on termination of the contract before its\nexpiration, are to be made over time and the savings are guaranteed to the extent\nnecessary to make payments for the cost of the design, installation, and maintenance\nof energy, water, and wastewater conservation measures.\n(29) \"Qualified provider\" means a person or business experienced in the design,\nimplementation, and installation of energy, water, and wastewater conservation\nmeasures and is determined to be qualified by the local public agency. The qualified\nprovider shall be responsible for and shall provide the local public agency with the\nfollowing information regarding guaranteed energy, water, and wastewater savings\ncontracts:\n(a) Project design and specifications;\n(b) Construction management;\n(c) Construction;\n(d) Commissioning;\n(e) On-going services as required;\n(f) Measurement and verification of savings for guaranteed energy, water, and\nwastewater savings contracts; and\n(g) Annual reconciliation statements as provided in KRS 45A.352(8).","path":["KRS Chapter 45A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22400","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:07Z","sha256":"aa4b1df0a8716faf5a01266556061f934ad2ad035c6f16606a06d2e199897719","source_id":"us-ky","stale":false,"prev":"us-ky/krs-45a.343","next":"us-ky/krs-45a.350"},"notice":"GroundRules: Original legal text. Not legal advice."}