45A.035 Secretary to promulgate administrative regulations

45A.035 Secretary to promulgate administrative regulations.

(1) The secretary of the Finance and Administration Cabinet shall have power and

authority over, and may, except as otherwise expressly provided in this code, adopt

regulations pursuant to KRS Chapter 13A and consistent with this code governing

the purchasing, management, and control of any and all supplies, services, and

construction, and other items required to be purchased by the Commonwealth. The

secretary shall consider and decide matters of policy with regard to state

procurement. The secretary shall have the power of review with respect to the

implementation of administrative regulations and policy determinations.

(2) Administrative regulations shall be promulgated governing the following:

(a) Conditions and procedures for delegations of purchasing authority;

(b) Prequalification, suspension, debarment, and reinstatement of prospective

bidders;

(c) Small purchase procedures;

(d) Conditions and procedures for the purchase of items for resale;

(e) Conditions and procedures for the purchase of agricultural products in

accordance with KRS 45A.645;

(f) Conditions and procedures for the use of source selection methods authorized

by this code, including emergency purchases;

(g) Opening and rejection of bids or offers, consideration of alternate bids, and

waiver of informalities in offers;

(h) Confidentiality of technical data and trade secrets information submitted by

actual or prospective bidders or offerors;

(i) Partial, progressive, and multiple awards;

(j) Supervision of storerooms and inventories, including determination of

appropriate stock levels and the management, transfer, sale, or other disposal

of state-owned property;

(k) Definitions and classes of contractual services and procedures for acquiring

them;

(l) An appeals process to resolve disputes arising from specifications requiring

items deemed to be equivalent or a sole brand as specified in KRS 45A.170;

and

(m) Use of reverse auctions as defined in KRS 45A.070.

The secretary may promulgate other administrative regulations as deemed advisable

to carry out the purposes of this code.