45A.380 Noncompetitive negotiation.

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45A.380 Noncompetitive negotiation. A local public agency may contract or purchase through noncompetitive negotiation only when a written determination is made that competition is not feasible and it is further determined in writing by a designee of the local public agency that: (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 educational specialist; a technician such as a plumber, electrician, carpenter, or mechanic; or an artist such as a sculptor, aesthetic painter, or musician, provided, however, that this provision shall not apply to architects or engineers providing construction management services rather than professional architect or engineer 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; (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 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 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.