164A.585 Contracting for capital construction projects -- Items considered equal to specifications may be furnished. - Kentucky Statutes

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164A.585 Contracting for capital construction projects -- Items considered equal to specifications may be furnished. (1) Subject to authorization by the General Assembly and KRS 164A.580, the governing boards may make plans and specifications, advertise for bids, let
contracts or incur any financing commitments, either in the way of a charge against
institution funds or in the way of negotiations for issuance of revenue bonds, for any
capital construction projects involving the improvement of lands or the
construction, alteration, reconstruction, or major repair of any building or other
structure, or sewage disposal, water supply system or other utility system. (2) Review of construction plans for conformance with the uniform state building code shall be conducted by the Department of Housing, Buildings and Construction. The
board shall not approve any such project requiring its approval in any instance
where it finds that the project is not needed, or that the proposed method of
financing is not sound, or in cases where the project will exceed the amount of the
funds available therefor, or the work contemplated will be insufficient to
accomplish the purpose of the project, or that after providing for the ordinary
recurring expenses of administration and debt service and for payments under
existing allotments for extraordinary expenses and capital outlay, cash will not be
available in the Treasury to promptly pay for the work or that the work is to be done
by employees of the institution. (3) Any capital construction project, except as provided in subsection (4) of this section, shall be contracted for on a competitive bid basis, and the execution of such
contracts shall be approved and authorized by the board. When a capital
construction project has been approved as provided in this section, in whole or in
part, the board shall prepare the plans and specifications, advertise for bids, award
the contracts, supervise the construction and handle the financial negotiations.
(a) The governing board shall ensure that every invitation for bids or request for proposals shall provide that an item equal to that named or described in the
specifications may be furnished. (b) The specifications may identify a sole brand in cases where, in the written opinion of the chief procurement officer, documented unique and valid
conditions require compatibility, continuity, or conformity with established
standards. (c) An item shall be considered equal to the item named or described if, in the opinion of the governing board and the design professional responsible for the
specifications:
1. It is at least equal in quality, durability, strength, design, and other
criteria deemed appropriate; 2. It will perform at least equally the function imposed by the general
design for the public work being contracted for or the material being
purchased; and 3. It conforms substantially to the detailed requirements for the item in the
specifications. (4) A capital construction project, the total cost of completion of which will not exceed two hundred fifty thousand dollars ($250,000), may be performed by the employees
of the institution or by individuals hired specifically for the project. Necessary
materials and supplies shall be procured in accordance with the standard purchasing
procedures and policies of the board as defined in KRS 164A.575. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 225, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 72, sec. 2, effective June 25, 2009. -- Amended 2008 Ky. Acts
ch. 47, sec. 6, effective July 15, 2008. -- Amended 2006 Ky. Acts ch. 93, sec. 1,
effective July 12, 2006. -- Amended 2003 Ky. Acts ch. 98, sec. 18, effective June 24,
2003. -- Amended 1986 Ky. Acts ch. 338, sec. 2, effective July 15, 1986. -- Created
1982 Ky. Acts ch. 391, sec. 9, effective July 15, 1982.