Request By:
Mr. W. David Denton
Attorney at Law
P.O. Box 929
Paducah, Kentucky 42001
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of February 22, in which you would like to receive the most recent opinions from this office concerning the following:
"1. The prevailing dollar limit on small purchases made by governmental entities under the Kentucky Model Procurement Code;
2. The effect of the Kentucky Model Procurment Code on Riverports. "
Prior to 1980, the dollar limit on small purchases by governmental entities under the Kentucky Model Procurement Code was $2,000. However, in 1980, KRS 45A.385 was amended to provide that the amount would be $5,000, which compliments the amount found in KRS 424.260. As a matter of fact, in OAG 78-357, copy attached, we declared at that point in time that the amount was intended to be $5,000 in light of the amendment to KRS 424.260 increasing the limit to $5,000.
In OAG 80-71, copy attached, we declared that KRS 45A.345 was applicable to riverport authorities; however, this also was written prior to the effectiveness of a 1980 amendment to the Model Procurement Code, namely, KRS 45A.343, which made the operation under the Code optional on the part of any local public agency which would of course include a riverport authority. On the other hand, in OAG 78-541, we took the position that KRS 424.260, the general bidding statute, was not applicable to riverport authorities.
As a consequence, if a riverport authority does not operate under the Kentucky Model Procurement Code, which it has the option of doing pursuant to KRS 45A.343, there are no statutory bidding or procurement requirements that this local agency must mandatorily follow.