{"data":{"id":"us-ky/krs-45a.375","jurisdiction":"us-ky","citation":"KRS 45A.375","heading":"Negotiations after competitive sealed bidding when all bids exceed","body":"available funds -- Action when no bids received.\n(1) In the event that all bids submitted pursuant to competitive sealed bidding under\nKRS 45A.365 result in bid prices in excess of the  funds available for the purchase,\nand the local public agency determines in writing:\n(a) That there are no additional funds then available from any source so as to\npermit an award to the lowest responsive and responsible bidder; and\n(b) The best interest of the local public agency will not permit the delay attendant\nto a resolicitation under revised specifications or revised quantities under\ncompetitive sealed bidding as provided in KRS 45A.365; then a negotiated\naward may be made as set forth in subsections (2) or (3) of this section.\n(2) Where there is more than one (1) bidder, competitive negotiations pursuant to KRS\n45A.370 shall be conducted with the three (3) (two (2) if there are only two (2))\nbidders determined in writing by the local public agency to be the lowest responsive\nand responsible bidders to the competitive sealed bid invitation after application of\nthe reciprocal preference for resident bidders required in KRS 45A.494. Such\ncompetitive negotiations shall be conducted under the following restrictions:\n(a) If discussions pertaining to the revision 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 propos als, 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 the lowest\nbid price or lowest evaluated bid price submitted by any responsive and\nresponsible offeror after application of the reciprocal preference for resident\nbidders required in KRS 45A.494. No discussion shall be conducted with\nofferors after submission of proposals except for a compelling reason as\ndetermined in writing by the local public agency. The request for proposals\nshall state that award is to be made without discussions except as herein\nprovided.\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.380.\n(4) Where, after invitation for bids has been made in accordance with KRS 45A.365\nand no bids have been received from resp onsive and responsible bidders, the local\npublic agency may proceed to acquire the supplies, services, or construction by\nnoncompetitive negotiations in accordance with KRS 45A.380.","path":["KRS Chapter 45A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22409","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:07Z","sha256":"926b2d1f09caea9fa27346174c6ae509bcd38a334c8df2b324ca822c64f43723","source_id":"us-ky","stale":false,"prev":"us-ky/krs-45a.370","next":"us-ky/krs-45a.380"},"notice":"GroundRules: Original legal text. Not legal advice."}