45A.380 Noncompetitive negotiation.
A local public agency may contract or purchase through noncompetitive negotiation only <br>when a written determination is made that competition is not feasible and it is further <br>determined in writing by a designee of the local public agency that: <br>(1) An emergency exists which will cause public harm as a result of the delay in
competitive procedures; or
(2) There is a single source within a reasonable geographical area of the product or
service to be procured; or
(3) The contract is for the services of a licensed professional, such as attorney,
physician, psychiatrist, psychologist, certified public accountant, registered nurse, or <br>educational specialist; a technician such as a plumber, electrician, carpenter, or <br>mechanic; or an artist such as a sculptor, aesthetic painter, or musician, provided, <br>however, that this provision shall not apply to architects or engineers providing <br>construction management services rather than professional architect or engineer <br>services; or
(4) The contract is for the purchase of perishable items purchased on a weekly or more
frequent basis, such as fresh fruits, vegetables, fish or meat;
(5) The contract is for replacement parts where the need cannot be reasonably
anticipated and stockpiling is not feasible;
(6) The contract is for proprietary items for resale; <br>(7) In school districts the contract relates to an enterprise in which the buying or selling
by students is a part of the educational experience;
(8) The contract or purchase is for expenditures made on authorized trips outside of the
boundaries of the local public agency;
(9) The contract is for the purchase of supplies which are sold at public auction or by
receiving sealed bids;
(10) The contract is for group life insurance, group health and accident insurance, group
professional liability insurance, worker's compensation insurance, and <br>unemployment insurance; or
(11) The contract is for a sale of supplies at reduced prices that will afford a purchase at
savings to the local public agency.
Effective: April 9, 1980 <br>History: Amended 1980 Ky. Acts ch. 250, sec. 12, effective April 9, 1980. -- Created
1978 Ky. Acts ch. 110, sec. 77, effective January 1, 1980.
45A.380 Noncompetitive negotiation.
A local public agency may contract or purchase through noncompetitive negotiation only <br>when a written determination is made that competition is not feasible and it is further <br>determined in writing by a designee of the local public agency that: <br>(1) An emergency exists which will cause public harm as a result of the delay in
competitive procedures; or
(2) There is a single source within a reasonable geographical area of the product or
service to be procured; or
(3) The contract is for the services of a licensed professional, such as attorney,
physician, psychiatrist, psychologist, certified public accountant, registered nurse, or <br>educational specialist; a technician such as a plumber, electrician, carpenter, or <br>mechanic; or an artist such as a sculptor, aesthetic painter, or musician, provided, <br>however, that this provision shall not apply to architects or engineers providing <br>construction management services rather than professional architect or engineer <br>services; or
(4) The contract is for the purchase of perishable items purchased on a weekly or more
frequent basis, such as fresh fruits, vegetables, fish or meat;
(5) The contract is for replacement parts where the need cannot be reasonably
anticipated and stockpiling is not feasible;
(6) The contract is for proprietary items for resale; <br>(7) In school districts the contract relates to an enterprise in which the buying or selling
by students is a part of the educational experience;
(8) The contract or purchase is for expenditures made on authorized trips outside of the
boundaries of the local public agency;
(9) The contract is for the purchase of supplies which are sold at public auction or by
receiving sealed bids;
(10) The contract is for group life insurance, group health and accident insurance, group
professional liability insurance, worker's compensation insurance, and <br>unemployment insurance; or
(11) The contract is for a sale of supplies at reduced prices that will afford a purchase at
savings to the local public agency.
Effective: April 9, 1980 <br>History: Amended 1980 Ky. Acts ch. 250, sec. 12, effective April 9, 1980. -- Created
1978 Ky. Acts ch. 110, sec. 77, effective January 1, 1980.
45A.380 Noncompetitive negotiation.
A local public agency may contract or purchase through noncompetitive negotiation only <br>when a written determination is made that competition is not feasible and it is further <br>determined in writing by a designee of the local public agency that: <br>(1) An emergency exists which will cause public harm as a result of the delay in
competitive procedures; or
(2) There is a single source within a reasonable geographical area of the product or
service to be procured; or
(3) The contract is for the services of a licensed professional, such as attorney,
physician, psychiatrist, psychologist, certified public accountant, registered nurse, or <br>educational specialist; a technician such as a plumber, electrician, carpenter, or <br>mechanic; or an artist such as a sculptor, aesthetic painter, or musician, provided, <br>however, that this provision shall not apply to architects or engineers providing <br>construction management services rather than professional architect or engineer <br>services; or
(4) The contract is for the purchase of perishable items purchased on a weekly or more
frequent basis, such as fresh fruits, vegetables, fish or meat;
(5) The contract is for replacement parts where the need cannot be reasonably
anticipated and stockpiling is not feasible;
(6) The contract is for proprietary items for resale; <br>(7) In school districts the contract relates to an enterprise in which the buying or selling
by students is a part of the educational experience;
(8) The contract or purchase is for expenditures made on authorized trips outside of the
boundaries of the local public agency;
(9) The contract is for the purchase of supplies which are sold at public auction or by
receiving sealed bids;
(10) The contract is for group life insurance, group health and accident insurance, group
professional liability insurance, worker's compensation insurance, and <br>unemployment insurance; or
(11) The contract is for a sale of supplies at reduced prices that will afford a purchase at
savings to the local public agency.
Effective: April 9, 1980 <br>History: Amended 1980 Ky. Acts ch. 250, sec. 12, effective April 9, 1980. -- Created
1978 Ky. Acts ch. 110, sec. 77, effective January 1, 1980.
