{"data":{"id":"us-ky/krs-65.025","jurisdiction":"us-ky","citation":"KRS 65.025","heading":"Prohibitions relating to employment  of entities providing architectural","body":"services and construction management  services on capital construction\nprojects -- Effect of violation -- Best  value procurement  criteria --\nException.\n(1) As used in this section:\n(a) \"Employ\" means to hire, retain, or otherwise contract with an individual or\nentity for goods or services;\n(b) \"Local government\" means  a city, county, charter county government,\nurban-county government, consolidated local government, or a special\ndistrict;\n(c) \"Construction manager\"  means  a  person  who  coordinates and\ncommunicates  the entire project process, clarifying cost and  time\nconsequences  of design decisions as well as clarifying construction\nfeasibility, and who  manages  the bidding, awarding, and construction\nphases of the project;\n(d) \"Design-build\" means a system of contracting under which one (1) entity\nperforms both architecture/engineering and construction under one (1)\nsingle contract;\n(e) \"Best value\" means a procurement in which the decision is based on the\nprimary objective of meeting the specific business requirements and best\ninterests of the local government. These decisions shall be based on\nobjective and quantifiable criteria that shall include price and that have\nbeen communicated to the offerors as set forth in the invitation for bids or\nrequest for proposals. Every invitation for bids or request for proposals\nshall provide that an item equal to that named  or described in the\nspecifications may  be furnished. The specification may  identify a sole\nbrand in cases where, in the written opinion of the chief procurement\nofficer, documented  unique and valid conditions require compatibility,\ncontinuity, or conformity with established standards. An item shall be\nconsidered equal to the item named  or described if, in the opinion of the\nowner and the design professional responsible for the specifications:\n1. It is at least equal in quality, durability, appearance, strength,\ndesign, and other criteria deemed appropriate;\n2. It will perform at least equally the function imposed by the general\ndesign for the public work being contracted for or the material being\npurchased; and\n3. It conforms substantially to the detailed requirements for the item in\nthe specifications;\n(f) \"Capital project\" means  the construction, reconstruction, acquisition,\ninstallation, and improvement of public infrastructure that is owned by a\nlocal government  and  that serves a  public purpose of the local\ngovernment;\n(g) \"Private partner\" means  any entity that is a partner in a public-private\npartnership other than:\n1. The  Commonwealth  of Kentucky, or any agency or department\nthereof;\n2. The federal government;\n3. Any other local government;\n4. Any other state government; or\n5. Any agency of a state, federal, or local government; and\n(h) 1. \"Public-private partnership\" means  a project delivery method  for\nconstruction or financing of capital projects, or procurement of\nservices, pursuant to a written public-private partnership agreement\nentered into pursuant to KRS  65.028 and administrative regulations\npromulgated thereunder, between:\na. At least one (1) private partner; and\nb. A local government.\n2. \"Public-private partnership\" does not include any traditional delivery\nmethod or method of procurement of goods or services entered into\nby a short-term contractual agreement between a local government\nand  a private seller that terminates when  the good or service is\ndelivered, whether governed by the provisions of KRS  45A.343 to\n45A.460 or 424.260.\n(2) A  local government  shall not employ  the same  entity to provide both\narchitectural services and construction management  services on the same\ncapital construction project. No local government shall knowingly employ an\nofficer, employee, or agent of, or an immediate family member  of an officer,\nemployee, or agent of:\n(a) The  architectural firm that provided the architectural services to also\nprovide  construction management  services for the  same  capital\nconstruction project for which the architectural firm provided architectural\nservices; or\n(b) The  construction management  firm that provided the construction\nmanagement  services to also provide architectural services for the same\ncapital construction project for which the construction management  firm\nprovided construction management  services.\n(3) A violation of subsection (2) of this section shall suspend the local government\nfrom receiving any financial assistance from the state, or any state agency,\nwith respect to the project for which the architectural or construction\nmanagement  firm was employed until the matter is resolved.\n(4) Local governments initiating a capital construction project shall incorporate, or\nshall require architects or construction managers in the employment of the local\ngovernment to incorporate, best value procurement criteria in all invitations for\nbids or requests for proposals as provided for in subsection (1) of this section.\n(5) Nothing in this section shall prohibit a local government from using:\n(a) Design-build as a method of providing for capital construction services as\nlong as best value contracting principles are followed as specified in\nsubsection (1) of this section; or\n(b) A public-private partnership as long as the provisions of KRS  65.028 are\nfollowed.","path":["KRS Chapter 65"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44859","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:20Z","sha256":"bdcb55853e600e493fd7eb700bc21dbc77b84dc4651635af10c76e1d1c9cdd3f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-65.020","next":"us-ky/krs-65.027"},"notice":"GroundRules: Original legal text. Not legal advice."}