Ky. Rev. Stat. » Chapter 45A

Ky. Rev. Stat. § 45A.070

Definitions for KRS 45A.070 to 45A.180

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As used in KRS 45A.070 to 45A.180, unless the context in which they are used clearly requires a different meaning: (1) "Best value" means a procurement in which the decision is based on the primary objective of meeting the specific business requirements and best interests of the Commonwealth. These decisions shall be based on objective and quantifiable criteria that shall include price and the reciprocal preference for a resident bidder required under KRS 45A.494 that have been communicated to the offerors as set forth in the invitation for bids. (2) "Cost-reimbursement contract" means a contract under which the Commonwealth reimburses the contractor for those contract costs, within a stated ceiling, which are allowable and allocable in accordance with cost principles as provided in KRS 45A.215, and a fee, if any. (3) "Established catalogue price" means the price included in the most current catalogue, price list, schedule, or other form that: (a) Is regularly maintained by the manufacturer or vendor of an item; (b) Is either published or otherwise available for inspection by customers; and (c) States prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for that item. (4) "Invitation for bids" means all documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in KRS 45A.080 of this code. (5) "Request for proposals" means all documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in KRS 45A.085, 45A.090, 45A.095, 45A.100, or 45A.180. (6) "Responsible bidder or offeror" means a person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance. (7) "Responsive bidder" means a person who has submitted a bid under KRS 45A.080 which conforms in all material respects to the invitation for bids, so that all bidders may stand on equal footing with respect to the method and timeliness of submission and as to the substance of any resulting contract. (8) "Reverse auction" means a real-time, structured bidding process, usually lasting less than one (1) hour, and taking place at a previously scheduled time and Internet location, during which multiple bidders, anonymous to each other, submit revised, lower bids to provide the solicited good or leased space. "Reverse auction" does not apply to construction projects, including but not limited to road, bridge, and building projects. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 63, sec. 2, effective July 15, 2010; and ch. 162, sec. 7, effective July 15, 2010. -- Amended 2003 Ky. Acts ch. 98, sec. 3, effective June 24, 2003. -- Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 26, effective May 30, 1997. -- Amended 1990 Ky. Acts ch. 496, sec. 3, effective July 13, 1990. -- Created 1978 Ky. Acts ch. 110, sec. 15, effective January 1, 1979. Legislative Research Commission Note (7/15/2010). This section was amended by 2010 Ky. Acts chs. 63 and 162, which do not appear to be in conflict and have been codified together.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2007–2026 · leading case: Ford Contracting, Inc. v. Kentucky Transportation Cabinet
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Ford Contracting, Inc. v. Kentucky Transportation Cabinet (2014) kyctapp · cites it 3× “See 200 KAR 5:317 Sec *409 tion 1, 3; KRS 45A.070(2). A cost-reim-burseraent contract explicitly provides for the reimbursement of the contractor’s actual costs plus a fixed fee, if any.”
Board of Education of Paris, Kentucky v. Jason Earlywine (2025) ky · cites it 2× “We call this feature notable because at several other 11 points the KMPC will do the same thing—it will provide a specific set of definitions whose applicability is limited only to a specific number of provisions.”
Cleaning by Regina & Associates, LLC v. Finance and Administration Cabinet, Commonwealth of Kentucky (2026) kyctapp · cites it 2× “” KRS 45A.070, which defines terms used in KRS 45A.”
Community Services Project, Inc. v. Bawac Cleaning Services, Inc. (2007) kyctapp “KRS 45A.070(3). In this case, the solicitation directed that best value points would be awarded based on price, months in business, and number of similarly-sized contracts.”
— Ky. Rev. Stat. § 45A.070(2) — 1 case
Ford Contracting, Inc. v. Kentucky Transportation Cabinet (2014) kyctapp “See 200 KAR 5:317 Sec *409 tion 1, 3; KRS 45A.070(2). A cost-reim-burseraent contract explicitly provides for the reimbursement of the contractor’s actual costs plus a fixed fee, if any.”
— Ky. Rev. Stat. § 45A.070(3) — 1 case
Community Services Project, Inc. v. Bawac Cleaning Services, Inc. (2007) kyctapp “KRS 45A.070(3). In this case, the solicitation directed that best value points would be awarded based on price, months in business, and number of similarly-sized contracts.”
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