2006 Kentucky Revised Statutes - .600   Reporting compliance or breach.

45.600 Reporting compliance or breach. (1) Any party not otherwise exempted by KRS 45.590 and intending to submit a bid on any contract covered by the provisions of KRS 45.560 to 45.640 shall within a reasonable period of time as determined by the Finance and Administration Cabinet submit to the contracting agency and the cabinet upon being declared the successful bidder: (a)  A statement of intent to comply in full with all requirements of the Kentucky Civil Rights Act, and to submit data required by KRS 45.560 to 45.640 upon being designated the successful bidder. (b)  A breakdown of the bidding party's existing work force, indicating the race, sex, age, position held, county and state of residence, and date of employment of each employee. This report shall be submitted in a manner as shall be prescribed by the cabinet and on forms devised by the cabinet and supplied by the contracting agency. (2) Within ten (10) days after the receipt of this report, the cabinet shall determine whether the bidding party's work force is reflective of the percentage of available minorities in the area from which the bidding party's employees are drawn. If a determination is made that the bidding party's work force is reflective of the percentage of available minorities in this drawn area, the bidding party shall be "certified" and be thereby qualified to bid on any contract covered by KRS 45.560 to 45.640 without filing additional data for a period of six (6) months. (3) If it is determined by the cabinet that the bidding party's work force reflects an underutilization of minorities, the bidding party and contracting agency shall be so notified, and no certification shall be issued. The bidding party shall then have the option of filing with the contracting agency and the cabinet, an affirmative action program, indicating goals and timetables for recruiting and hiring minorities throughout the contractors' work force. The cabinet shall be available, upon the request of any contractor, to furnish technical assistance in fulfilling the requirements of KRS 45.560 to 45.640. (4) If the bidding party is subsequently awarded the contract being sought, failure to comply with the goals and timetables set forth in the affirmative action plan shall be an unlawful practice under KRS 45.560 to 45.640 and shall constitute a material breach of the contract. (5) If the cabinet determines that the submitted affirmative action program does not fulfill the provisions of KRS 45.560 to 45.640, the bidding party and contracting agency shall be so notified, and no certification shall be granted. (6) If the bidding party's work force is not reflective of the percentage of minorities in the drawing area and he has complied with all other affirmative action requirements in KRS 45.560 to 45.640, he may certify by verified affidavit that he has made every reasonable effort to comply with said percentage requirements, and he shall thereafter be entitled to all the benefits of KRS 45.560 to 45.640. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 130, sec. 6, effective June 17, 1978.