Kentucky Statutes 45A.343 – Local public agency may adopt provisions of KRS 45A.345 to 45A.460 — Effect of adoption — Contracts required to mandate revealing of violations of and compliance with specified KRS chapters — Effect of nondisclosure or …
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(1) Any local public agency may adopt the provisions of KRS § 45A.345 to KRS § 45A.460. No other statutes governing purchasing shall apply to a local public agency upon adoption of these provisions.
(2) After July 15, 1994, any contract entered into by a local public agency, whether under KRS § 45A.345 to KRS § 45A.460 or any other authority, shall require the contractor and all subcontractors performing work under the contract to:
(a) Reveal any final determination of a violation by the contractor or subcontractor within the previous five (5) year period pursuant to KRS Chapters 136, 139, 141, 337, 338, 341, and 342 that apply to the contractor or subcontractor; and
(b) Be in continuous compliance with the provisions of KRS Chapters 136, 139,
141, 337, 338, 341, and 342 that apply to the contractor or subcontractor for the duration of the contract.
(3) A contractor’s failure to reveal a final determination of a violation by the contractor of KRS Chapters 136, 139, 141, 337, 338, 341, and 342 or to comply with these statutes for the duration of the contract shall be grounds for the local public agency’s:
(a) Cancellation of the contract; and
(b) Disqualification of the contractor from eligibility for future contracts awarded by the local public agency for a period of two (2) years.
(4) A subcontractor’s failure to reveal a final determination of a violation by the subcontractor of KRS Chapters 136, 139, 141, 337, 338, 341, and 342 or to comply with these statutes for the duration of the contract shall be grounds for the local public agency’s disqualification of the subcontractor from eligibility for future contracts for a period of two (2) years.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 520, sec. 2, effective July 15, 1998. — Amended
1994 Ky. Acts ch. 491, sec. 2, effective July 15, 1994. — Created 1980 Ky. Acts ch.
250, sec. 9, effective April 9, 1980.
(2) After July 15, 1994, any contract entered into by a local public agency, whether under KRS § 45A.345 to KRS § 45A.460 or any other authority, shall require the contractor and all subcontractors performing work under the contract to:
Terms Used In Kentucky Statutes 45A.343
- Contract: A legal written agreement that becomes binding when signed.
- Year: means calendar year. See Kentucky Statutes 446.010
(a) Reveal any final determination of a violation by the contractor or subcontractor within the previous five (5) year period pursuant to KRS Chapters 136, 139, 141, 337, 338, 341, and 342 that apply to the contractor or subcontractor; and
(b) Be in continuous compliance with the provisions of KRS Chapters 136, 139,
141, 337, 338, 341, and 342 that apply to the contractor or subcontractor for the duration of the contract.
(3) A contractor’s failure to reveal a final determination of a violation by the contractor of KRS Chapters 136, 139, 141, 337, 338, 341, and 342 or to comply with these statutes for the duration of the contract shall be grounds for the local public agency’s:
(a) Cancellation of the contract; and
(b) Disqualification of the contractor from eligibility for future contracts awarded by the local public agency for a period of two (2) years.
(4) A subcontractor’s failure to reveal a final determination of a violation by the subcontractor of KRS Chapters 136, 139, 141, 337, 338, 341, and 342 or to comply with these statutes for the duration of the contract shall be grounds for the local public agency’s disqualification of the subcontractor from eligibility for future contracts for a period of two (2) years.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 520, sec. 2, effective July 15, 1998. — Amended
1994 Ky. Acts ch. 491, sec. 2, effective July 15, 1994. — Created 1980 Ky. Acts ch.
250, sec. 9, effective April 9, 1980.