{"data":{"id":"us-ky/krs-45a.370","jurisdiction":"us-ky","citation":"KRS 45A.370","heading":"Competitive negotiation.","body":"(1) A local public agency may contract or purchase through competitive negotiation,\nwhich may include a reverse auction, upon a written finding that:\n(a) Specifications cannot be made sufficiently specific to permit award on the\nbasis of either the lowest bid price or the lowest evaluated bid price,\nincluding, but not limited to, contracts for experimental or developmental\nresearch work, or highly complex equipment which requires technical\ndiscussions, and other nonstandard supplies, services, or construction; or\n(b) Sealed bidding is inappropriate because the available sources of supply are\nlimited, the time and place of performance cannot be determined in advance,\nthe price is regulated by law, or a fixed price contract is not applicable; or\n(c) The bid prices  received through sealed bidding are unresponsive or\nunreasonable as to all or part of the requirements, or are identical or appear to\nhave been the result of collusion; provided each responsible bidder is notified\nof the intention to negotiate and is given a reasonable opportunity to negotiate,\nand the negotiated price is lower than the lowest rejected bid by any\nresponsible bidder.\n(2) Proposals shall be solicited through public notice pursuant to KRS 45A.365(3) or\nany other means which can be demonstrate d to notify an adequate number of\nqualified sources to permit reasonable competition consistent with the nature and\nrequirement of the procurement. The request for proposals shall indicate the factors\nto be considered in the evaluation, including the recip rocal preference for resident\nbidders required by KRS 45A.494, and the relative importance of each factor, and\nthe procedures to be followed if a reverse auction is used in the procurement.\n(3) Written or oral discussions shall be conducted with all respon sible 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 such prices are fixed by law, regulation, or\nreverse auction, except that consideration shall be given to competitive terms\nand conditions; or\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 accurate prior cost experience with that particular\nsupply, service, or construction item that acceptance of an initial offer without\ndiscussion would result in fair and reasonable prices and the request for\nproposal notifies all offerors of the possibility that award may be made on the\nbasis of initial offers.\n(4) If discussions pertaining to the revision of the specifications or quantities are held\nwith any pote ntial offeror, all other potential offerors shall be afforded an\nopportunity to take part in such discussions. A request for proposals based on\nrevised specifications or quantities shall be issued as promptly as possible, shall\nprovide for an expeditious r esponse to the revised requirements and shall be\nawarded upon the basis of the lowest bid price or lowest evaluated bid price after\napplication of the reciprocal preference for resident bidders required by KRS\n45A.494 submitted by any responsive and respon sible offeror. No discussion shall\nbe conducted with offerors after submission of revised proposals except for a\ncompelling reason as determined in writing by the local public agency. The request\nfor proposals shall state that an award is to be made withou t discussion except as\nherein provided.\n(5) Award shall be made to the responsible offeror whose proposal is determined in\nwriting to be the most advantageous to the local public agency based upon the\nevaluation factors set forth in the request for proposals and the reciprocal preference\nfor resident bidders required by KRS 45A.494.","path":["KRS Chapter 45A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22408","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:07Z","sha256":"08e462555df90c08e5a763b3a721bd1c0e2523ed4a74dbc1205ca74a072e3451","source_id":"us-ky","stale":false,"prev":"us-ky/krs-45a.365","next":"us-ky/krs-45a.375"},"notice":"GroundRules: Original legal text. Not legal advice."}