Ky. Rev. Stat. » Chapter 45A
Kentucky Revised Statutes

Ky. Rev. Stat. § 45A.285 (2026)

Filing of protest -- Decision by secretary

✓ current as of May 2026
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(1) The secretary of the Finance and Administration Cabinet, or his designee, shall have authority to determine protests and other controversies of actual or prospective bidders or offerors in connection with the solicitation or selection for award of a contract. (2) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or selection for award of a contract may file a protest with the secretary of the Finance and Administration Cabinet. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing. (3) The secretary of the Finance and Administration Cabinet shall promptly issue a decision in writing. A copy of that decision shall be mailed or otherwise furnished to the aggrieved party and shall state the reasons for the action taken. (4) The decision by the secretary of the Finance and Administration Cabinet shall be final and conclusive. Effective: January 1, 1979 History: Created 1978 Ky. Acts ch. 110, sec. 57, effective January 1, 1979.

Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 1988–2026 · leading case: Pendleton Bro's Vending v. Commonwealth Fin. & Admin. Cabinet, 758 S.W.2d 24 (Ky. 1988).
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Pendleton Bro's Vending v. Commonwealth Fin. & Admin. Cabinet, 758 S.W.2d 24 (Ky. 1988). · cites it 4× “Pendleton Brothers filed a protest as permitted by KRS 45A.285. A hearing was held before a hearing officer designated by the Secretary for the Finance and Administration Cabinet.”
Byrne & Jones Enter., Inc. d/b/a Byrne & Jones Constr. v. Monroe City R-1 Sch. Dist., 493 S.W.3d 847 (Mo. 2016). · cites it 2× “§ 77-613 (appeal allowed under judicial review of agency action); Ky. Rev. Stat. § 45A.285 (permitting written protest by “[a]ny actual or prospective bidder, offeror, or contractor who is aggrieved” within two calendar weeks); Commonwealth v.”
Lab'y Corp. of Am. Holdings v. Rudolph, 184 S.W.3d 68 (Ky. Ct. App. 2005). · cites it 5× “Less than two weeks after receiving the notification that it had not been selected, LabCorp filed a bid protest under KRS 45A.285. While the protest was pending, LabCorp made an open records request under KRS 61.”
Louisville Arena Auth., Inc. v. RAM Eng'g & Constr., Inc., 415 S.W.3d 671 (Ky. Ct. App. 2013). · cites it 3× “On June 23, 2008, pursuant to KRS 45A.285, RAM filed an administrative protest of the subcontract award with the Finance Cabinet alleging violations of the KMPC procurement process.”
Commonwealth v. Yamaha Motor Mfg. Corp. of Am., 237 S.W.3d 203 (Ky. 2007). · cites it 2× “Cunningham filed a protest with the Finance Secretary pursuant to KRS 45A.285 and contended that E-Z-Go’s bid was non-responsive because the five ADA-compliant golf carts it offered were inferior to Yamaha’s and thus varied from the standard specifications.”
Laurel Constr. Co. v. Paintsville Util. Comm'n, 336 S.W.3d 903 (Ky. Ct. App. 2010). · cites it 3× “Finally, the trial court found that because Laurel Construction premised its case on the Commission’s violation of the KMPC, Laurel Construction was required to first exhaust its administrative remedies by filing a protest under KRS 45A.285. The trial court concluded that…”
Queen City Mechanicals, Inc. v. Boone Cnty., Kentucky, & Lonkard Constr. Co. (E.D. Ky. 2026). · cites it 7× “Court focused on the KMPC’s creation of a protest procedure in KRS 45A.285. Id. That section of the code states: (1) The secretary of the finance and administration cabinet, or his designee shall have authority to determine protests and other controversies of actual or…”
Molina Healthcare of Kentucky, Inc. v. Anthem Kentucky Managed Care Plan, Inc. (Ky. Ct. App. 2022). · cites it 4× “Furthermore, the FAC found some of Anthem’s claims, including those related to Parento’s work for Molina, were untimely under KRS 45A.285. 5 These are citations to the record in the circuit court case initiated by Anthem, Action No.”
Yamaha Motor Mfg. Corp. of Am. v. Kentucky, Fin. & Admin. Cabinet, 403 F. Supp. 2d 601 (W.D. Ky. 2005). “Cunningham filed a formal protest pursuant to KRS 45A.285 challenging the contract award because' it said the proposed use of the E-Z-Go Eagle did not meet the published specifications of providing ADA-compliant golf cars.”
Interactive Educ. Concepts, Inc. v. Kentucky Fin. & Admin. Cabinet (Ky. Ct. App. 2024). · cites it 2× “Timeliness of the protest KRS 45A.285(2) governs the time to challenge an award of a contract and states as follows: (2) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or selection for award of a contract may file a…”
Cleaning by Regina & Assocs., LLC v. Fin. & Admin. Cabinet, Commonwealth of Kentucky (Ky. Ct. App. 2026). · cites it 2× “See KRS 45A.285. The bids were scored based 90 percent on price and 10 percent on years of experience.”
Frank Lassiter v. William M. Landrum, III, Sec'y of the Fin. & Admin. Cabinet (Ky. 2020). “”); and KRS 45A.285 ((1) The secretary of the Finance and Administration Cabinet, or his designee, shall have authority to determine protests and other controversies of actual or prospective bidders or offerors in connection with the solicitation or selection for award of a…”
— Ky. Rev. Stat. § 45A.285(1) — 1 case
Molina Healthcare of Kentucky, Inc. v. Anthem Kentucky Managed Care Plan, Inc. (Ky. Ct. App. 2022). “Furthermore, the FAC found some of Anthem’s claims, including those related to Parento’s work for Molina, were untimely under KRS 45A.285. 5 These are citations to the record in the circuit court case initiated by Anthem, Action No.”
— Ky. Rev. Stat. § 45A.285(2) — 3 cases
Lab'y Corp. of Am. Holdings v. Rudolph, 184 S.W.3d 68 (Ky. Ct. App. 2005). “Less than two weeks after receiving the notification that it had not been selected, LabCorp filed a bid protest under KRS 45A.285. While the protest was pending, LabCorp made an open records request under KRS 61.”
Molina Healthcare of Kentucky, Inc. v. Anthem Kentucky Managed Care Plan, Inc. (Ky. Ct. App. 2022). “Furthermore, the FAC found some of Anthem’s claims, including those related to Parento’s work for Molina, were untimely under KRS 45A.285. 5 These are citations to the record in the circuit court case initiated by Anthem, Action No.”
Interactive Educ. Concepts, Inc. v. Kentucky Fin. & Admin. Cabinet (Ky. Ct. App. 2024). “Timeliness of the protest KRS 45A.285(2) governs the time to challenge an award of a contract and states as follows: (2) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or selection for award of a contract may file a…”
— Ky. Rev. Stat. § 45A.285(4) — 2 cases
Louisville Arena Auth., Inc. v. RAM Eng'g & Constr., Inc., 415 S.W.3d 671 (Ky. Ct. App. 2013). “On June 23, 2008, pursuant to KRS 45A.285, RAM filed an administrative protest of the subcontract award with the Finance Cabinet alleging violations of the KMPC procurement process.”
Queen City Mechanicals, Inc. v. Boone Cnty., Kentucky, & Lonkard Constr. Co. (E.D. Ky. 2026). “Court focused on the KMPC’s creation of a protest procedure in KRS 45A.285. Id. That section of the code states: (1) The secretary of the finance and administration cabinet, or his designee shall have authority to determine protests and other controversies of actual or…”
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