Section 45A.035 - Secretary to adopt regulations(1) The secretary of the Finance and Administration Cabinet shall have power and authority over, and may, except as otherwise expressly provided in this code, adopt regulations pursuant to KRS Chapter 13A and consistent with this code governing the purchasing, management, and control of any and all supplies, services, and construction, and other items required to be purchased by the Commonwealth. The secretary shall consider and decide matters of policy with regard to state procurement. The secretary shall have the power of review with respect to the implementation of regulations and policy determinations.(2) Regulations shall be adopted governing the following:(a) Conditions and procedures for delegations of purchasing authority;(b) Prequalification, suspension, debarment, and reinstatement of prospective bidders;(c) Small purchase procedures;(d) Conditions and procedures for the purchase of items for resale;(e) Conditions and procedures for the purchase of agricultural products in accordance with KRS 45A.645;(f) Conditions and procedures for the use of source selection methods authorized by this code, including emergency purchases;(g) Opening and rejection of bids or offers, consideration of alternate bids, and waiver of informalities in offers;(h) Confidentiality of technical data and trade secrets information submitted by actual or prospective bidders or offerors;(i) Partial, progressive, and multiple awards;(j) Supervision of storerooms and inventories, including determination of appropriate stock levels and the management, transfer, sale, or other disposal of state-owned property;(k) Definitions and classes of contractual services and procedures for acquiring them;(l) An appeals process to resolve disputes arising from specifications requiring items deemed to be equivalent or a sole brand as specified in KRS 45A.170; and(m) Use of reverse auctions as defined in KRS 45A.070. The secretary may adopt such other regulations as deemed advisable to carry out the purposes of this code.
Effective:7/15/2010
Amended 2010, Ky. Acts ch. 63, sec. 1, effective7/15/2010. -- Amended 2008, Ky. Acts ch. 47, sec. 1, effective 7/15/2008. -- Amended 2002, Ky. Acts ch. 344, sec. 8, effective 7/15/2002. -- Created 1978 Ky. Acts ch. 110, sec. 8, effective 1/1/1979.