98RS SB390

SB390

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SB 390 (BR 1168) - L. Saunders, J. Pendleton, J. Rose

     AN ACT relating to state contracts.
     Amend KRS 45A.190 to permit performance bonds to be required on state contracts for commodities, supplies, equipment, or services in an amount in excess of $25,000, and on contracts for construction costing $25,000 or less; require the Finance and Administration Cabinet to promulgate administrative regulations setting forth guidelines for determining whether a performance bond should be required, noting reasons; require the agency contract administrator to document in writing whether a performance bond is to be required, and to make periodic evaluations of performance on contracts; require the agency head to make a written determination regarding final contract compliance or noncompliance, and whether a claim shall be made against the bond.

SB 390 - AMENDMENTS


     SCS - Retain the original provisions except require the agency contract administrator to evaluate whether a performance bond should be required, and to make a recommendation to the purchasing agency; delete the requirement that the Finance and Administration Cabinet promulgate administrative regulations setting forth guidelines for when performance bonds should be required; require performance audits upon completion of 1/3 and 2/3 of the contract, and annually for contracts over 1 year; require the user agency head to make a final recommendation on the performance bond to the purchasing agency; require the purchasing agency to file a written explanation if the recommendation of the user agency is not followed; provide for electronic signatures and electronic transmission of documents relating to this process.

     Mar 2-introduced in Senate
     Mar 3-to State and Local Government (S)
     Mar 12-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
     Mar 13-2nd reading, to Rules
     Mar 16-posted for passage in the Consent Orders of the Day for March 18, 1998
     Mar 18-3rd reading, passed 37-0 with Committee Substitute
     Mar 19-received in House
     Mar 20-to State Government (H); posted in committee
     Mar 24-reported favorably, 1st reading, to Calendar
     Mar 25-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for March 26, 1998
     Mar 26-3rd reading, passed 97-0
     Mar 27-received in Senate; enrolled, signed by each presiding officer, delivered to Governor
     Apr 7-signed by Governor


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