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

Ky. Rev. Stat. § 45A.365 (2026)

Competitive sealed bidding

✓ current as of May 2026
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(1) All contracts or purchases shall be awarded by competitive sealed bidding, which may include the use of a reverse auction, except as otherwise provided by KRS 45A.370 to 45A.385 and for the purchase of wholesale electric power by municipal utilities as provided in KRS 96.901(1). (2) The invitation for bids shall state that the award shall be made on the basis of the lowest bid price or the lowest evaluated bid price. If the latter is used, the objective measurable criteria to be utilized shall be set forth in the invitation for bids. The invitation for bids shall include the reciprocal preference for resident bidders described in KRS 45A.494. (3) Adequate public notice of the invitation for bids and any reverse auction shall be given prior to the date set forth for the opening of bids. The notice may include posting on the Internet or publication in a newspaper of general circulation in the local jurisdiction at least seven (7) days before the date set for the opening of the bids and any reverse auction. Nothing in this section shall prohibit additional notice, posting, or publication, nor shall additional notification, posting, or publication extend the required notice period. The public notice shall include the time and place the bids will be opened and the time and place where the specifications may be obtained. (4) The bids shall be opened publicly or entered through a reverse auction at the time and place designated in the invitation for bids. Each written or reverse auction bid, together with the name of the bidder, shall be recorded and be open to public inspection. Electronic bid opening and posting of the required information for public viewing shall satisfy the requirements of this subsection. (5) A contract shall be awarded with reasonable promptness by written notice to the responsive and responsible bidder whose bid is either the lowest bid price or the lowest evaluated bid price after the application of any reciprocal preference for resident bidders required by KRS 45A.494. (6) The local public agency may allow the withdrawal of a bid where there is a patent error on the face of the bid document, or where the bidder presents sufficient evidence, substantiated by bid worksheets, that the bid was based upon an error in the formulation of the bid price. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 44, sec. 2, effective June 25, 2013. -- Amended 2010 Ky. Acts ch. 63, sec. 7, effective July 15, 2010; and ch. 162, sec. 12, effective July 15, 2010. -- Amended 2000 Ky. Acts ch. 510, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 120, sec. 13, effective July 15, 1998. -- Created 1978 Ky. Acts ch. 110, sec. 74, effective January 1, 1980.

Notes of Decisions
Cited in 3 cases, 1984–2010 · leading case: Ohio River Conversions, Inc. v. City of Owensboro, 663 S.W.2d 759 (Ky. Ct. App. 1984).
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Ohio River Conversions, Inc. v. City of Owensboro, 663 S.W.2d 759 (Ky. Ct. App. 1984). “More specifically, appellant’s position is that since KRS 45A.365(2) requires: The invitation for bids shall state whether the award shall be made on the basis of the lowest bid price or the lowest evaluated bid price.”
Laurel Constr. Co. v. Paintsville Util. Comm'n, 336 S.W.3d 903 (Ky. Ct. App. 2010). “080; KRS 45A.365. Pursuant to the KMPC, government determinations about the expenditure of public funds, including those with regard to competitive sealed bidding, “shall be final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law.”
Southside Real Est. Developers, Inc. v. Pike Cnty. Fiscal Court, 294 S.W.3d 453 (Ky. Ct. App. 2009). “130(l)(b); or (d) Sold by sealed bids in accordance with the procedure for sealed bids under KRS 45A.365(S) and (4). In this ease, many of the trial court proceedings appear to have focused on whether the Fiscal Court’s December 16, 2002, minutes sufficiently complied with KRS…”
— Ky. Rev. Stat. § 45A.365(2) — 1 case
Ohio River Conversions, Inc. v. City of Owensboro, 663 S.W.2d 759 (Ky. Ct. App. 1984). “More specifically, appellant’s position is that since KRS 45A.365(2) requires: The invitation for bids shall state whether the award shall be made on the basis of the lowest bid price or the lowest evaluated bid price.”
— Ky. Rev. Stat. § 45A.365(S) — 1 case
Southside Real Est. Developers, Inc. v. Pike Cnty. Fiscal Court, 294 S.W.3d 453 (Ky. Ct. App. 2009). “130(l)(b); or (d) Sold by sealed bids in accordance with the procedure for sealed bids under KRS 45A.365(S) and (4). In this ease, many of the trial court proceedings appear to have focused on whether the Fiscal Court’s December 16, 2002, minutes sufficiently complied with KRS…”
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