KRS §45A.045
For capital construction projects, subject to the provisions of this code and KRS 45A.180, the procurement may be on whichever of the following alternative project
delivery methods, in the judgment of the secretary of the Finance and Administration Cabinet after first considering the traditional design-bid-build project delivery method, offers the best value to the taxpayer:
(a) A design-build basis; or
(b) A construction management-at-risk basis.
Proposals shall be reviewed by the engineering staff to assure quality and value, and compliance with procurement procedures. All specifications shall be written to promote competition. Nothing in this section shall prohibit the procurement ofphased bidding or construction manager-agency services.
Effective: June 20, 2005
KRS §65.025
All local governments are authorized to use design-build using best-value procurement and contracting principles and P3 as long as the provisions of KRS 65.028 are followed.
A local government shall not employ the same entity to provide both architectural services and construction management services on the same capital construction project.
Effective April 8, 2016
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44859
KRS §45A.075
Except as otherwise authorized by law, all state contracts shall be awarded by:
(1) Competitive sealed bidding, pursuant to KRS 45A.080;
(2) Competitive negotiation, pursuant to KRS 45A.077, 45A.085, 45A.090, or 45A.180;
(3) Noncompetitive negotiation, pursuant to KRS 45A.095; or
(4) Small purchase procedures, pursuant to KRS 45A.100.
Effective:April 8, 2016
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44857
KRS §45A.077
A public-private partnership delivery method may be utilized as provided in this section and administrative regulations promulgated thereunder. State contracts
using this method shall be awarded by competitive negotiation.
Effective: July 14, 2022
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53096
KRS §45A.180
The secretary of the Finance and Administration Cabinet shall promulgate administrative regulations by October 15, 2003, providing for as many alternative methods of management of construction contracting as he or she may determine to be feasible; setting forth criteria to be used in determining which method of management of construction is to be used for a particular project; establishing a model process parallel to the selection committee procedures established in 45A.810 for the procurement of alternative project services of “construction management-at-risk” and “design-build,” and for a “construction manager-general contractor” and a “construction manager-agency;” and providing that the chief purchasing officer shall execute and include in the contract file a written statement setting forth the facts recommending that a particular method of management of construction contracting be used.
Effective June 24, 2015
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44585
KRS §45A.182
When a capital project is to be constructed utilizing the design-build method in accordance with KRS 45A.180, a process parallel to the selection committee procedures established in KRS 45A.810 shall apply when procuring a design-build team.
Effective: July 15, 2010
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22364
KRS §45A.183
When a capital project is to be constructed using the construction management-at-risk method, a process parallel to the selection committee procedures established in KRS 45A.810 shall apply when procuring a construction management-at-risk firm and regulations promulgated in accordance with KRS 45A.180 shall apply that set forth requirements for:
(a) Description of the bond, insurance, and other security provisions that apply to a project;
(b) Description of appropriate contract clauses and fiscal responsibility requirements that apply to each project; and
(c) Restrictions relating to conflicts of interest, including a provision that a construction management-at-risk entity shall be eligible to become an offeror of goods or services on a project it manages only when a subcontractor fails to perform and upon prior approval by the contracting body.
Effective: June 24, 2015
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44586
