Kentucky Statutes 176.082 – Reciprocal preference to be given to resident bidders on construction projects
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(1) Prior to a contract being awarded for the construction phase of a project, 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 and shall be applied after the opening of the bids.
(2) A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the department advertises for bids:
(a) Is authorized to transact business in the Commonwealth; and
(b) Has for one (1) year prior to and through the date of advertisement, filed Kentucky corporate or other business income taxes, made payments to the Kentucky unemployment insurance fund established in KRS § 341.490, and maintained a Kentucky workers’ compensation policy in effect.
(3) 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.
(4) The department shall use the list and administrative regulations described in KRS
45A.494(6) to determine the preferences to be given in awarding a contract. (5) The preference shall not be given if the preference conflicts with federal law.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 162, sec. 5, effective July 15, 2010.
(2) A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the department advertises for bids:
Terms Used In Kentucky Statutes 176.082
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Department: means Department of Highways. See Kentucky Statutes 176.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
- Project: means the design, right-of-way, utility, or construction phase of a highway construction project. See Kentucky Statutes 176.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(a) Is authorized to transact business in the Commonwealth; and
(b) Has for one (1) year prior to and through the date of advertisement, filed Kentucky corporate or other business income taxes, made payments to the Kentucky unemployment insurance fund established in KRS § 341.490, and maintained a Kentucky workers’ compensation policy in effect.
(3) 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.
(4) The department shall use the list and administrative regulations described in KRS
45A.494(6) to determine the preferences to be given in awarding a contract. (5) The preference shall not be given if the preference conflicts with federal law.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 162, sec. 5, effective July 15, 2010.