{"data":{"id":"us-ky/krs-56.8169","jurisdiction":"us-ky","citation":"KRS 56.8169","heading":"Requests for proposals -- Procedures for awarding built-to-suit leases.","body":"(1) In conducting the built -to-suit process, the commissioner of the Department for\nFacilities Management, after consultation with the agency or agencies for whose use\nthe space is sought, shall arrive at a request for proposals.\n(2) The request for propos als shall indicate the relative importance of evaluation\nfactors.\n(3) A request for proposals may be amended at any time prior to the deadline for the\nsubmission of proposals.\n(4) In soliciting the interest of firms to carry out a built -to-suit, the depart ment shall\ncomply with the procedures established in this subsection.\n(a) The department shall provide adequate public notice of a request for proposals\nand notice of the materials that the department will provide to a firm to assist\nthat firm in respondin g to a request for proposals. Those materials shall\ninclude, but not be limited to, the request for proposals and the proposal\nevaluation sheet to be used by the selection committee. The notice shall also\nset a time and date for a written response to the notice.\n(b) The Department for Facilities Management may use any means available to\nnotify firms that a notice has been given.\n(5) To respond to a notice, a firm, or its representative, shall respond on or before the\ntime and date designated in the notice. The response shall be in a form determined\nby the department and shall provide the firm's name and address.\n(6) All written responses submitted on or before the time and date designated shall be\nopened or downloaded at the same time, publicly read or poste d, and kept on file by\nthe department. A firm which fails to meet the deadline shall be barred from the\nprocurement process.\n(7) The department shall transmit to all firms that responded in time a request for\nproposals.\n(8) After the request for proposals have been transmitted, but before written proposals\nare submitted, the commissioner, and his staff, may hold any meetings, discussions,\nor negotiations that they deem appropriate with the firms.\n(9) (a) The commissioner shall invite each firm to submit a w ritten proposal, on a\nform created by the department, on or before the time and date set forth in the\ninvitation. A form shall be provided to each firm.\n(b) A firm that does not submit a written proposal, on a form created by this\ndepartment, on or before the deadline shall be barred from the procurement\nprocess.\n(c) Employees of the department and the members of the selection committee\nshall keep the written proposals confidential until the lease is awarded.\n(10) The commissioner shall designate a department employee to determine which firms\nhave filed, in a timely fashion, both a response to the public notice and a written\nproposal on a form created by the department. The designated employee shall create\na list of the firms which have done so and certify the list.\n(11) The department shall organize the selection committee's first meeting. At that\nmeeting, the selection committee shall:\n(a) Elect from its members a chairman and a vice chairman who shall hold their\npositions for the duration of the selection process;\n(b) Be provided with:\n1. The certified list of firms;\n2. The firms' written proposals submitted in response to a request for\nproposals;\n3. The request for proposals;\n4. The notice of request for proposals;\n5. The proposal evaluation sheets; and\n6. A notice from the commissioner informing the committee that the\nselection process is governed by KRS 56.800 to 56.823 and 56.990; and\n(c) Discuss the future conduct of its affairs.\n(12) The selection committee shall meet to:\n(a) Evaluate the materials with which it has been provided;\n(b) Select, but not rank, the three (3) most qualified firms, based upon the\nevaluation factors set forth in the request for proposals; and\n(c) Notify the department of the three (3) finalists.\n(13) The department shall notify each firm which responded to the request for proposals,\ninforming the firm of:\n(a) The three (3) finalists; and\n(b) The rest of the procedure that will be followed in the awarding of the built -to-\nsuit lease.\n(14) The selection committee shall interview the three (3) finalists, preferably on the\nsame day. The finalists shall be interviewed one (1) at a time, and each interview\nshall be attended only by representatives of the finalist and members of the selection\ncommittee. Members of the selection committee shall keep confidential the\nsubstance of an interview.\n(15) The selection committee shall meet to:\n(a) Rank the three (3) finalists based on the weighted evaluation factors in the\nrequest for proposals; and\n(b) Forward the ranking to the department.\n(16) (a) The commissioner shall:\n1. Award the built-to-suit lease to the top ranked finalist; or\n2. Request best-and-final offers.\n(b) The commissioner shall request best -and-final offers only of the three (3)\nfinalists. The commissioner's written request shall include his reason for\nrequesting best-and-final offers, and shall state a time and date by which all\nbest-and-final offers will have to be received. A firm that does not submit a\nbest-and-final offer by the dead line shall not be awarded the built -to-suit\nlease.\n(c) Employees of the department and the members of the selection committee\nshall keep the best-and-final offers confidential until the lease is awarded.\n(d) The selection committee shall meet to assess all the materials with which it\nwas provided pursuant to subsection (11)(b) of this section, as well as the\nrequest for best-and-final offers and best-and-final offers. The committee shall\nrank the best -and-final offers of the three (3) finalists based on the weighted\nevaluation factors in the request for proposals. If the committee determines\nthat the top ranked best -and-final offer is adequate, the committee shall\nforward the name of the firm that submitted the top ranked best-and-final offer\nto the department. If the committee determines that the top ranked firm's best -\nand-final offer is inadequate, the process shall end.\n(e) The commissioner shall award the built -to-suit lease to the firm chosen by the\nselection committee.\n(17) After the best firm has been selected, the department shall notify the finalists,\ninforming them of:\n(a) Which firm has been selected for the proposed lease; and\n(b) The rest of the procedure that will be followed in the awarding of the lease.\n(18) KRS 61.878 shall govern the procurement process set out in this section.","path":["KRS Chapter 56"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48231","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:12Z","sha256":"4f724e51548fdc1f430274e8c1c32fe7907768dabda7134a577b4a1817d9e6ee","source_id":"us-ky","stale":false,"prev":"us-ky/krs-56.8167","next":"us-ky/krs-56.8171"},"notice":"GroundRules: Original legal text. Not legal advice."}