45A.030 Definitions for code.

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45A.030 Definitions for code. As used in this code, unless the context requires otherwise: <br>(1) &quot;Business&quot; means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is <br>conducted; (2) &quot;Change order&quot; means a written order signed by the purchasing officer, directing the contractor to make changes that the changes clause of the contract authorizes the <br>purchasing officer to order without the consent of the contractor; (3) &quot;Chief purchasing officer&quot; means the secretary of the Finance and Administration Cabinet, who shall be responsible for all procurement of the Commonwealth except <br>as provided by KRS Chapters 175, 176, 177, and 180; (4) &quot;Construction&quot; means the process of building, altering, repairing, improving, or demolishing any public structures or buildings, or other public improvements of any <br>kind to any public real property. It does not include the routine maintenance of <br>existing structures, buildings, or real property; (5) &quot;Construction manager-agency&quot; means services to assist the purchasing agency manage construction that are procured through a contract that is qualifications-<br>based; (6) &quot;Construction management-at-risk&quot; means a project delivery method in which the purchasing officer enters into a single contract with an offeror that assumes the risk <br>for construction at a contracted guaranteed maximum price as a general contractor, <br>and provides consultation and collaboration regarding the construction during and <br>after design of a capital project. The contract shall be subject to the bonding <br>requirements of KRS 45A.190; (7) &quot;Contract&quot; means all types of state agreements, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item. It <br>includes awards; contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive <br>type; contracts providing for the issuance of job or task orders; leases; letter <br>contracts; purchase orders; and insurance contracts except as provided in KRS <br>45A.022. It includes supplemental agreements with respect to any of the foregoing; (8) &quot;Contract modification&quot; means any written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions <br>of any existing contract, whether accomplished by unilateral action in accordance <br>with a contract provision or by mutual action of the parties to the contract. It <br>includes bilateral actions, such as supplemental agreements, and unilateral actions, <br>such as change orders, administrative changes, notices of termination, and notices <br>of the exercise of a contract option; (9) &quot;Contractor&quot; means any person having a contract with a governmental body; <br>(10) &quot;Data&quot; means recorded information, regardless of form or characteristic; <br>(11) &quot;Design-bid-build&quot; means a project delivery method in which the purchasing officer sequentially awards separate contracts, the first for architectural, engineering, or <br>engineering-related services to design the project and the second for construction of the capital project according to the design. The contract shall be subject to the <br>bonding requirements of KRS 45A.185; (12) &quot;Design-build&quot; means a project delivery method in which the purchasing officer enters into a single contract for design and construction of a capital project. The <br>contract shall be subject to the bonding requirements of KRS 45A.190; (13) &quot;Designee&quot; means a duly authorized representative of a person holding a superior position; (14) &quot;Document&quot; means any physical embodiment of information or ideas, regardless of form or characteristic, including electronic versions thereof; (15) &quot;Employee&quot; means an individual drawing a salary from a governmental body, whether elected or not, and any nonsalaried individual performing personal services <br>for any governmental body; (16) &quot;Governmental body&quot; means any department, commission, council, board, bureau, committee, institution, legislative body, agency, government corporation, or other <br>establishment of the executive or legislative branch of the state government; (17) &quot;Meeting&quot; means all gatherings of every kind, including video teleconferences; <br>(18) &quot;Negotiation&quot; means contracting by either the method set forth in KRS 45A.085, 45A.090, or 45A.095; (19) &quot;Person&quot; means any business, individual, organization, or group of individuals; <br>(20) &quot;Procurement&quot; means the purchasing, buying, renting, leasing, or otherwise obtaining of any supplies, services, or construction. It includes all functions that <br>pertain to the procurement of any supply, service, or construction item, including <br>description of requirements, selection and solicitation of sources, preparation and <br>award of contract, and all phases of contract administration; (21) &quot;Purchase request&quot; or &quot;purchase requisition&quot; means that document whereby a using agency requests that a contract be obtained for a specified need, and may include, <br>but is not limited to, the technical description of the requested item, delivery <br>schedule, transportation, criteria for evaluation of solicitees, suggested sources of <br>supply, and information supplied for the making of any written determination and <br>finding required by KRS 45A.025; (22) &quot;Purchasing agency&quot; means any governmental body that is authorized by this code or its implementing administrative regulations or by way of delegation from the <br>chief purchasing officer to contract on its own behalf rather than through the central <br>contracting authority of the chief purchasing officer; (23) &quot;Purchasing officer&quot; means any person authorized by a governmental body in accordance with procedures prescribed by administrative regulations to enter into <br>and administer contracts and make written determinations and findings with respect <br>thereto. The term includes an authorized representative acting within the limits of <br>authority; (24) &quot;Services&quot; means the rendering by a contractor of its time and effort rather than the furnishing of a specific end product, other than reports that are merely incidental to <br>the required performance of services; (25) &quot;Supplemental agreement&quot; means any contract modification that is accomplished by the mutual action of the parties; (26) &quot;Supplies&quot; means all property, including but not limited to leases of real property, printing, and insurance, except land or a permanent interest in land; (27) &quot;Using agency&quot; means any governmental body of the state that utilizes any supplies, services, or construction purchased under this code; (28) &quot;Video teleconference&quot; means one (1) meeting, occurring in two (2) or more locations, where individuals can see and hear each other by means of video and <br>audio equipment; and (29) &quot;Writing&quot; or &quot;written&quot; means letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic <br>impulse, mechanical or electronic recording, or other form of data compilation. Effective: June 24, 2003 <br>History: Amended 2003 Ky. Acts ch. 98, sec. 1, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 120, sec. 9, effective July 15, 1998; and ch. 486, sec. 1, effective <br>July 15, 1998. -- Amended 1982 Ky. Acts ch. 406, sec. 9, effective July 15, 1982. -- <br>Amended 1980 Ky. Acts ch. 250, sec. 5, effective April 9, 1980. -- Created 1978 Ky. <br>Acts ch. 110, sec. 7, effective January 1, 1979. Legislative Research Commission Note (7/15/98). This section was amended by 1998 Ky. Acts chs. 120 and 486. Where these acts are not in conflict, they have been <br>codified together. Where a conflict exists, Acts ch. 486, which was last enacted by <br>the General Assembly, prevails under KRS 446.250.