2014 Kentucky Revised Statutes CHAPTER 45A - KENTUCKY MODEL PROCUREMENT CODE 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations.
Download as PDF
45A.494 Reciprocal preference to be given by public agencies to resident
bidders -- List of states -- Administrative regulations.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Prior to a contract being awarded to the lowest responsible and responsive
bidder on a contract by a public agency, a resident bidder of the
Commonwealth shall be given a preference against a nonresident bidder
registered in any state that gives or requires a preference to bidders from that
state. The preference shall be equal to the preference given or required by the
state of the nonresident bidder.
A resident bidder is an individual, partnership, association, corporation, or
other business entity that, on the date the contract is first advertised or
announced as available for bidding:
(a) Is authorized to transact business in the Commonwealth; and
(b) Has for one (1) year prior to and through the date of the advertisement,
filed Kentucky corporate income taxes, made payments to the Kentucky
unemployment insurance fund established in KRS 341.490, and
maintained a Kentucky workers' compensation policy in effect.
A nonresident bidder is an individual, partnership, association, corporation, or
other business entity that does not meet the requirements of subsection (2) of
this section.
If a procurement determination results in a tie between a resident bidder and a
nonresident bidder, preference shall be given to the resident bidder.
This section shall apply to all contracts funded or controlled in whole or in part
by a public agency.
The Finance and Administration Cabinet shall maintain a list of states that give
to or require a preference for their own resident bidders, including details of the
preference given to such bidders, to be used by public agencies in determining
resident bidder preferences. The cabinet shall also promulgate administrative
regulations in accordance with KRS Chapter 13A establishing the procedure by
which the preferences required by this section shall be given.
The preference for resident bidders shall not be given if the preference
conflicts with federal law.
Any public agency soliciting or advertising for bids for contracts shall make
KRS 45A.490 to 45A.494 part of the solicitation or advertisement for bids.
Effective:July 15, 2010
History: Created 2010 Ky. Acts ch. 162, sec. 3, effective July 15, 2010.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.